What are pornographic products accoridng to the law in Vietnam? Is circulating pornographic films liable to imprisonment sentence according to the law in Vietnam? What are judgments related to this offense?

1. What are pornographic products accoridng to the law in Vietnam?

Clause 2 Article 3 of Decree 32/2012/ND-CP stipulates as follows:

Interpretation of Terms

...

2. Cultural products include:

a) Audio and video recordings; types of films, magnetic tapes, floppy disks, hard disks, optical discs with recorded content; other audio-visual technological products with information in the form of writing, sound, or images;

b) Visual arts, applied arts, paintings, photography;

c) Tangible cultural heritage and products related to intangible cultural heritage.

…

Additionally, Clause 4 Article 3 of Decree 178/2004/ND-CP stipulates as follows:

Detailed Content of Certain Terms

...

4. "Obscene" as defined in Article 16 and Clause 1, Article 26 of the Ordinance refers to actions, images, or sounds portraying a hedonistic, low, vile, depraved lifestyle with extremely poor ethics, against the nation's customs and traditions.

…

Thus, based on the aforementioned stipulations, pornographic products can be understood as cultural products that are obscene, containing pornographic, violent content, or running counter to the ethics, customs, and traditions of society. They are often expressed through forms like images, sounds, texts, or objects and items with pornographic or violent imagery or symbols.

2. Is circulating pornographic films liable to imprisonment sentence according to the law in Vietnam?

Pornographic films refer to a type of film with content portraying a hedonistic, low, vile, depraved lifestyle that is extremely unethical and contrary to customs and traditions. This also falls under the category of pornographic products.

Article 326 of the Penal Code 2015 (amended 2017) defines the criminal handling of the acts of disseminating pornographic products as follows:

(1) Any person who produces, copies, circulates, transports, buys, sells, stores for the purpose of disseminating books, newspapers, pictures, images, films, music, or other articles with pornographic, obscene content or otherwise disseminates obscene articles in any of the following cases shall be liable to a fine of between 10,000,000 VND and 100,000,000 VND, community sentence for up to 3 years, or imprisonment for between 6 months and 3 years:

- Digitized data with a size from 01 gigabyte (GB) to under 05 gigabytes (GB);

- Photos numbering from 100 to under 200 photos;

- Printed books, newspapers, or other articles numbering from 50 units to under 100 units;

- Disseminated to between 10 to 20 people;

- Having been administratively sanctioned for any of the acts prescribed in this Article or having been convicted of this offense, but the criminal record has not been expunged, yet continued violation.

(2) Committing the crime in any of the following cases shall be subject to imprisonment for between 3 years and 10 years:

- Organized crime;

- Digitized data with a size from 05 gigabytes (GB) to under 10 gigabytes (GB);

- Photos numbering from 200 to under 500 photos;

- Printed books, newspapers, or other articles numbering from 100 units to under 200 units;

- Disseminated to between 21 to 100 people;

- Disseminated to persons under 18 years of age;

- Using the internet, computer networks, telecommunications networks, or electronic means to commit the crime;

- Dangerous recidivism.

(3) Committing the crime in any of the following cases shall be subject to imprisonment for between 7 years and 15 years:

- Digitized data of 10 gigabytes (GB) or more;

- Photos numbering 500 photos or more;

- Printed books, newspapers, or other articles numbering 200 units or more;

- Disseminated to 101 people or more.

(4) The offenders may also be subject to a monetary penalty ranging from 5,000,000 VND to 30,000,000 VND, and prohibited from practicing certain professions or doing certain jobs for between 1 year and 5 years.

Thus, anyone who circulates pornographic films can be prosecuted for the crime of disseminating pornographic products, with a penalty ranging from 6 months to 15 years in prison if the crime is established.

3. What are judgments on disseminating pornographic products in Vietnam?

Below are some convictions for the crime of disseminating pornographic products:

Please Login to be able to download