Vietnam: How many years’ imprisonment are imposed for producing 18+ films for sale? What is the administrative penalty for sharing 18+ films on social networks?
How many years’ imprisonment are imposed for producing 18+ films for sale in Vietnam?
Regarding criminal liability for acts of producing 18+ films, according to the provisions of Article 326 of the 2015 Criminal Code of Vietnam as amended by Article 1 of the 2017 Law on Amendments to the Criminal Code stipulating distribution of pornographic materials in Vietnam as follows:
Distribution of pornographic materials in Vietnam
1. Any person who makes, duplicates, publishes, transports, deals in, or possesses books, magazines, pictures, films, music, or other items that contain pornographic contents for the purpose of distributing them or distributes pornographic materials in any of the following circumstances shall be a fine of from VND 10,000,000 to VND 100,000,000 or face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment:
a) The offence involves an amount of digital data from 01 GB to under 05 GB in size;
b) The offence involves 100 - 199 physical pictures;
c) The offence involves 50 - 99 physical books, magazines or other printed materials;
d) Pornographic materials are distributed among 10 - 20 people;
dd) The offender has incurred an administrative penalty for any of the offences specified in this Article or has an unspent conviction for the same offence .
2. This offence committed in any of the following circumstances carries a penalty of 03 - 10 years' imprisonment:
a) The offence is committed by an organized group;
b) The offence involves an amount of digital data from 05 GB to under 10 GB in size;
c) The offence involves 200 - 499 physical pictures;
d) The offence involves 100 - 199 physical books, magazines or other printed materials;
dd) Pornographic materials are distributed among 21 - 100 people;
e) Pornographic materials are provided for a person under 18;
g) The offence is committed using the Internet, a computer network, telecommunications network, or electronic device;
h) Dangerous recidivism.
3. This offence committed in any of the following circumstances carries a penalty of 07 - 15 years' imprisonment:
a) The offence involves an amount of digital data of ≥ 10 GB;
b) The offence involves ≥ 500 physical pictures;
c) The offence involves ≥ 200 physical books, magazines or other printed materials;
d) Pornographic materials are distributed among ≥ 101 people.
4. The offender might also be liable to a fine of from VND 5,000,000 to VND 30,000,000 or prohibited from holding certain positions or doing certain jobs for 01 - 05 years.
Thus, those who commit acts of producing 18+ films and making 18+ films for sale shall face a fine of from VND 10,000,000 to VND 100,000,000 or face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment if the components of this crime are satisfied.
In addition, those who commit acts of producing 18+ films may also be additionally fined in the form of a fine of from VND 5,000,000 to VND 30,000,000 or prohibited from holding certain positions or doing certain jobs for 01 - 05 years.
How many years’ imprisonment are imposed for producing 18+ films for sale in Vietnam? What is the administrative penalty for sharing 18+ films on social networks? (Image from the Internet)
What is the administrative penalty for sharing 18+ films on social networks?
In Article 101 of Decree No. 15/2020/ND-CP as amended by Article 1 of Decree No. 14/2022/ND-CP on penalties for violations against regulations on responsibility for using social network services; Website established through social networks as follows:
Violation against regulations on responsibility for using social networking services; Website established through social networks
1. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for the commission of one of the following violations:
a) Providing/sharing fake or false information with the aims of distorting, slandering or damaging the prestige, honor and dignity of other organizations, authorities or individuals;
b) Providing/sharing information with the aims of encouraging unsound customs, superstitions or pornography, or which is not conformable with the national good traditions and customs;
c) Providing/sharing information describing in detail acts of cutting off/killing, accidents, horror and frightful acts;
d) Providing/sharing fictitious information with the aims of causing a panic among the population, inciting violence, crimes, social evils, gambling or serving gambling activities;
dd) Providing/sharing journalistic, literature and arts works and other publications without the consent from holders of intellectual property rights over such works, or which are not allowed to be distributed or subject to a distribution prohibition or confiscation decision;
e) Advertising, disseminating or sharing information on prohibited goods/services;
g) Providing/sharing images of Vietnam’s map which does not indicate the entire and accurate national sovereignty;
h) Providing/sharing paths/links to prohibited information on networks.
2. A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for disclosing information classified as state secret, an individual’s privacy or other secrets if not liable to criminal prosecution.
3. Remedial measures:
Enforced removal of false, misleading or violating information in case of commission of any of the violations in Clause 1 and Clause 2 of this Article.
Thus, organizations that share 18+ films on social networks may be fined from VND 10,000,000 to VND 20,000,000 (this fine is imposed on organizations, the fine imposed on individuals is equal to 1/2).
And may be forced to remove 18+ films shared on social networks.
How much is the administrative fine imposed upon public Internet access points for letting Internet service users watch 18+ films?
In Article 35 of Decree No. 15/2020/ND-CP, there are provisions on administrative penalties for violations against regulations on public internet access points as follows:
Violations against regulations on public internet access points
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3. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for the commission of one of the following violations:
a) Failing to comply with prescribed times of operation of an Internet agency or Public Internet access point;
b) Failing to use the subscriber line specified in the signed agency contract to provide public Internet access services;
c) Arranging or letting Internet service users use computers at its business location to perform prohibited acts as defined in regulations on use of Internet services and cyberinformation;
d) The public Internet access point fails to conclude an Internet agency contract as prescribed;
dd) Letting Internet service users access, watch and/or download depraved, crime, social evils or superstition-related information, images and/or videos.
4. Additional penalties:
a) Operation of the public Internet agency shall be suspended for a fixed period of 01 – 03 months in case of commission of the violation in Point b, c or dd Clause 3 of this Article;
b) Operation of the public Internet access point shall be suspended for a fixed period of 01 – 03 months in case of commission of the violation in Point c or dd Clause 3 of this Article.
Thus, the unit managing public internet access points letting Internet service users watch 18+ films may be subject to an administrative fine of from VND 5,000,000 to VND 10,000,000 and have their operation suspended for a fixed period of 01 – 03 months (this fine is imposed on organizations, the fine imposed on individuals is equal to 1/2).
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