How many years of imprisonment shall be imposed on the crime of prostitution brokerage in Vietnam? Related judgments on prostitution brokerage

Hello, Lawnet would like to answer as follows:

1. What is prostitute?

According to the provisions of Clause 7, Article 3 of the Ordinance on prostitution prevention and combat 2003, prostitution brokerage means acts of allurement or procurement by panders for the parties to buy and sell sex.

2. How many years of imprisonment shall be imposed on the crime of prostitution brokerage in Vietnam?

According to the provisions of Article 328 of the Penal Code 2015, any person who encourages or assists the prostitution of others shall be examined for penal liability for the crime of prostitution brokerage. The penalties are as follows:

"Article 328. Procuring

1. Any person who encourages or assists the prostitution of others shall face a penalty of 06 - 36 months' imprisonment.

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

a) The offence involves a person aged from 16 to under 18 engaged in prostitution;

b) The offence is committed by an organized group;

c) The offence is committed in a professional manner;

d) The offence has been committed more than once;

dd) The offence involves more than one person;

e) The illegal profit earned is from VND 100,000,000 to under VND 500,000,000;

g) Dangerous recidivism.

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

a) The offence involves a person aged from 13 to under 16 engaged in prostitution;

b) The illegal profit earned is ≥ VND 500,000,000;

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

As such, people who commit prostitution brokering can be sentenced to up to 15 years in prison.

3. Administrative fines for acts of prostitution brokerage in Vietnam

In case the sex broker is not examined for penal liability, he may be administratively sanctioned with the fines prescribed in Article 26 of Decree 144/2021/ND-CP as follows:

"Article 26. 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, 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. “2. 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;"

4. Some judgments on prostitution brokerage in Vietnam

1. Judgment on prostitution brokerage No. 358/2019/HSPT

2. Judgment on prostitution brokerage No. 03/2022/HSST

3. Judgment on prostitution brokerage No. 02/2022/HS-PT

4. Judgment on prostitution brokerage No. 316/2020/HSST

5. Judgment on prostitution brokerage No. 297/2022/HS-PT

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