Vietnam: In 2024, what is the fine imposed on entities buying and selling sex? What is the fine imposed on entities concealing and protecting prostitution?

“In 2024, what is the fine imposed on entities buying and selling sex? What is the fine imposed on entities concealing and protecting prostitution in Vietnam?” - asked Mr. T (An Giang)

What are the definitions of buying and selling sex in Vietnam?

The buying and selling of sex are still common, especially in urban areas with developed economic conditions and high demand.

Under Clause 1 and Clause 2, Article 3 of the 2003 Ordinance on Prostitution Prevention and Combat, the definitions of buying and selling sex are specified as follows:

Interpretation of terms
In this Ordinance, the following words and phrases are construed as follows:
1. Selling sex means a person having sexual intercourse with another for pay with money or other material benefits.
2. Buying sex means a person paying money or other material benefits to a prostitute for having sexual intercourse with such person.
.....

Thus,

- Selling sex means a person having sexual intercourse with another for pay with money or other material benefits.

- Buying sex means a person paying money or other material benefits to a prostitute for having sexual intercourse with such person.

At the same time, prostitution harboring means acts of using, renting, leasing, borrowing or lending venues and/or means for buying and selling sex.

In 2024, what is the fine imposed on entities buying and selling sex in Vietnam?

(1) Buying sex:

Under Article 24 of Decree 144/2021/ND-CP, the penalties for buying sex are specified as follows:

Act

Fine

buying sex

A fine of from VND 1.000.000 to VND 2.000.000

buying sex in case the offence involves more than one person at the same time

A fine of from VND 2.000.000 to VND 5.000.000

Note: Additional penalty for buying sex is specified as follows:

Confiscate the exhibits and means used for committing administrative violations specified in Clauses 1 and 2, Article 24 of Decree 144/2021/ND-CP.

(2) Selling sex:

Under Article 25 of Decree 144/2021/ND-CP, the penalties for selling sex are specified are as follows:

Act

Fine

selling sex

A warning or a fine ranging from 300.000 VND to 500.000 VND

selling sex in case the offence involves more than one person at the same time

A fine of from VND 1.000.000 to VND 2.000.000

Note: Additional penalties for selling sex are specified as follows:

+ Confiscate the exhibits and means used for committing administrative violations specified in Clauses 1 and 2 of Article 25 of Decree 144/2021/ND-CP.

+ Expel foreigners committing the administrative violations specified in Clauses 1 and 2 of Article 25 of Decree 144/2021/ND-CP.

- Remedial measure:

Enforced return of benefits illegally obtained from the commission of the violation in prescribed Clauses 1 and 2 of Article 25 of Decree 144/2021/ND-CP.

- The above fine is imposed on violating individuals. For violating organizations, the fine shall be doubled.

What is the fine imposed on entities concealing and protecting prostitution in Vietnam?

Under Article 26 of Decree 144/2021/ND-CP, penalties for other acts related to prostitution activities are specified as follows:

Other acts related to prostitution activities
1. A warning or a fine ranging from 300.000 VND to 500.000 VND shall be imposed for prostitution or engaging in sexual acts.
2. A fine of from VND 5.000.000 to VND 10.000.000 shall be imposed for concealment, and protection for prostitution.
3. A fine of from VND 10.000.000 to VND 20.000.000 shall be imposed for assisting, enticing, tempting, forcing or another person to buy or sell sex:
4. A fine of from VND 30.000.000 to VND 50.000.000 shall be imposed for any of the following violations:
a) Using force or threatening to use force to protect or maintain prostitution;
b) Contributing money and property to prostitution;
c) Procuring
5. A fine of from VND 50.000.000 to VND 75.000.000 shall be imposed for one of acts that abuse positions, powers, dignity to protect or maintain prostitution.
6. Remedial measure:
Enforced return of benefits illegally obtained from the commission of the violation in prescribed Clauses 1, 2, 3, 4 and 5 of this Article;

Thus, entities concealing and protecting prostitution in Vietnam shall face a fine of from VND 5.000.000 to VND 10.000.000

Besides, they must return benefits illegally obtained from concealing and protection for prostitution.

Note: The above fine is imposed on violating individuals. For violating organizations, the fine shall be doubled.

What are the administrative penalties imposed on entities abusing the business and services for prostitution activities in Vietnam?

Under Article 27 of Decree 144/2021/ND-CP, the penalties for abusing the business and services for prostitution activities are specified as follows:

Act

Fine

Prostitution or sexual activities as the business methods

A fine ranging from 20.000.000 VND to 30.000.000 VND

a head, a legal representative, a person assigned to manage the service and business establishment(s) who allows prostitution or sexual acts to happen in the area(s) under their management

A fine ranging from 30.000.000 VND to 40.000.000 VND

Note:

- Additional penalties for abusing the business and services for prostitution activities in Vietnam are specified as follows:

+ Suspend the certificate of security and order from 06 to 12 months in case of violations specified in Point a Clauses 1 and 2 of Article 27 of Decree 144/2021/ND-CP;

+ Expel foreigners committing the administrative violations specified in Clauses 1 and 2 of Article 27 of Decree 144/2021/ND-CP.

- Remedial measure:

Enforced return of benefits illegally obtained from the commission of the violation in Clause 1 of Article 27 of Decree 144/2021/ND-CP.

- The above fine is imposed on violating individuals. For violating organizations, the fine shall be doubled.

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