19/10/2022 16:59

How are sex buyers handled in accordance with Vietnamese law?

How are sex buyers handled in accordance with Vietnamese law?

“I see cases of prostitution discovered by the authorities, people often take pictures and mention the information of prostitutor (often incomplete or abbreviated) but I do not see information of sex buyers. I want to ask if the person who buys sex will be handled or punished? Thank you!" _ Mr. Quang (Hanoi)

Hello Mr. Quang, LawNet would like to answer your question as follows:

1. What is buying sex?

Pursuant to Clause 2 Article 3 of the Ordinance on prostitution prevention and combat 2003 of Vietnam:

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

2. Handling of sex buyers

Pursuant to Article 22 of the Ordinance on prostitution prevention and combat 2003 of Vietnam, sex buyers shall, depending on the nature and seriousness of their violations, be administratively handled or criminally handled.

"Article 22.- Handling of sex buyers

1. Sex buyers shall, depending on the nature and seriousness of their violations, be administratively handled in the form of caution or fine.

2. Those who buy sex with minors or who, though being aware of their HIV infection, deliberately transmit the disease to other persons shall be examined for penal liability."

2.1. Administratively handled of sex buyers

Pursuant to Article 24 of the Decree No. 144/2021/NĐ-CP, sex buying shall be administratively handled as following:

"Article 24. Sex buying;

1. A fine of from VND 1.000.000 to VND 2.000.000 shall be imposed for buying sex:

2. A fine of from VND 2.000.000 to VND 5.000.000 shall be imposed for buying sex in case the offence involves more than one person at the same time.

3. Additional penalty:

Confiscate the exhibits and means used for committing administrative violations specified in Clauses 1 and 2 of this Article."

2.2. Criminally handled of sex buyers

In case that the sex buyer is under 18 years old, according to Article 329 of the Criminal Code 2015 of Vietnam, sex buyer shall face penalty as following:

"Article 329. Engaging in prostitution with a person under 18

1. Any person aged ≥ 18 who engages in prostitution with a person under 18, except for the case in Point b Clause 1 Article 142 hereof, shall face a penalty of 01 - 05 years' imprisonment.

2. This offence committed in any of the following circumstances carries a penalty of 03 - 07 years' imprisonment:

a) The offence has been committed more than once;

b) The person engaged in prostitution is from 13 to under 16 years of age;

c) The offence causes 31% - 60% WPI for the victim.

3. This offence committed in any of the following circumstances carries a penalty of 07 - 15 years' imprisonment:

a) The offence has been committed more than once and the person engaged in prostitution is from 13 to under 16 years of age;

b) The offence causes ≥ 61% WPI for the victim.

4. The offender might also be liable to a fine of from VND 10,000,000 to VND 50,000,000."

Moreover, in case that a person who, in the knowledge of his/her HIV infection, deliberately transmits HIV to another person through prostitution shall be handled in accordance with Article 148 or 149 of the Criminal Code 2015 of Vietnam.

"Article 148. Transmission of HIV to others

1. A person who, in the knowledge of his/her HIV infection, deliberately transmits HIV to another person, unless the victim knows the it and voluntarily engages in sexual intercourse, shall face a penalty of 01 - 03 years' imprisonment.

2. This offence committed in any of the following circumstances carries a penalty of 03 - 07 years' imprisonment:

a) The offence is committed against 02 or more people;

b) The offence is committed against a person aged under 18;

c) The offence is committed against a woman with the full knowledge of her pregnancy;

d) The offence is committed against the physician or health worker who directly provides treatment for the offender;

dd) The offence is committed against a law enforcement officer in performance of his/her official duties or because of his/her official duties."

"Article 149. Deliberate transmission of HIV to others

1. Any person who deliberately transmits HIV to another person in circumstances other than those specified in Article 148 hereof shall face a penalty of 03 - 07 years' imprisonment.

2. This offence committed in any of the following circumstances carries a penalty of 07 - 15 years' imprisonment:

a) The offence is committed by an organized group;

b) The offence is committed against a law enforcement officer in performance of his/her duty or because of his/her official duties;

c) The offence is committed against a person under 18;

d) The offence is committed against 02 - 05 people.

dd) The offence is committed by taking advantage of the offender's profession;

e) The victim suffers from 11% - 45% mental and behavioral disability because of the offence.

3. This offence committed in any of the following circumstances carries a penalty of 12 - 20 years' imprisonment or life imprisonment:

a) The offence is committed against a woman with the full knowledge of her pregnancy;

b) The offence is committed against 06 or more people;

c) The victim suffers from ≥ 46% mental and behavioral disability because of the offence;

d) The offence results in the suicide of the victim.

4. The offender might be prohibited from holding certain positions, practicing his/her profession or doing certain jobs for 01 - 05 years." 

2.3. Additional handing of officials and public employees buying sex 

Pursuant to Article 27 of the Ordinance on prostitution prevention and combat 2003 of Vietnam, apart from being handled under the provisions of these Articles, officials and public employees also have their acts notified to the heads of their competent managing agencies, organizations or units for education and disciplining.

"Article 27.- Handling of officials, public employees, people's armed force personnel who violate the legislation on prostitution prevention and combat

1. Officials, public employees and/or people's armed force personnel who commit acts of violating the provisions in Articles 22, 23, 24, 25 and 26 of this Ordinance shall, apart from being handled under the provisions of these Articles, have their acts notified to the heads of their competent managing agencies, organizations or units for education and disciplining.

2. Officials, public employees and/or people's armed force personnel who violate the legislation on prostitution prevention and combat shall, during the period of being disciplined, not be appointed nor stand for election to people-elected agencies, political organizations or socio-political organizations; nor be appointed or re-appointed, appointed to equivalent or higher posts in the State agencies or the people's armed forces."

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE

Nguyen Sang
18


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