What are the penalties for procuring in Vietnam? What are judgments related to this offense?

Hello, Lawnet would like to provide the following answers:

1. What are the penalties for procuring in Vietnam?

In Clause 7, Article 3 of Ordinance 10/2003/PL-UBTVQH11 of the Standing Committee of the National Assembly (the standing body of the National Assembly of Vietnam), procuring is defined as follows:

“Procuring involves intermediaries coercing or leading parties to engage in buying and selling sex.”

According to the provisions of Article 328 of the Vietnamese Penal Code 2015 as amended in 2017 regarding the penalties for the crime of procuring:

(1) Basic penalties:

Imprisonment from 6 months to 3 years: Those who act as an intermediary to entice or lead others to engage in buying and selling sex.

(2) Aggravated penalties:

- Imprisonment from 3 to 7 years: If the crime falls into any of the following cases:

+ Involving persons aged 16 to under 18;

+ Organized;

+ Professional in nature;

+ Committing the crime 2 times or more;

+ Involving 2 persons or more;

+ Illegally profiting from 100,000,000 VND to less than 500,000,000 VND;

+ Dangerous recidivism.

- Imprisonment from 7 to 15 years: If the crime falls into any of the following cases:

+ Involving persons aged 13 to under 16;

+ Illegally profiting 500,000,000 VND or more.

(3) Additional Punishment: The offender may also be fined from 10,000,000 VND to 50,000,000 VND.

Thus, the crime of procuring is punishable by imprisonment ranging from 6 months to 15 years depending on the aggravating circumstances. Concurrently, offenders may also face fines ranging from 10,000,000 VND to 50,000,000 VND.

3. What are judgments related to the crime of procuring in Vietnam?

Judgment on the crime of procuring No. 25/2019/HS-ST

+ Adjudicating body: People's Court of District 10, Ho Chi Minh City.

+ Excerpt of content: “To perform prostitution activities, female prostitutes were facilitated by a male intermediary who posted provocative images and information (areas of prostitution, prices, etc.), and their phone numbers on the internet (Kynu.net website) to solicit clients, with a fee ranging from 3,000,000 VND to 4,500,000 VND per month. Upon successful arrangement, the prostitutes would transfer money to the male intermediary’s account: No. 0421000493683 at Vietcombank Hung Vuong Branch – District 10, Ho Chi Minh City (account holder: Nguyen Thi Yen N). Clients would research prostitute information online (Kynu.net website) and directly contact suitable prostitutes to perform the transaction.”

Judgment on the crime of procuring No. 03/2022/HS-ST

+ Adjudicating body: People's Court of District T, Hanoi City.

+ Excerpt of content: “Around 12:00 PM on October 25, 2021, Nguyen Hai A and his social friend Dao Phi L met for drinks and subsequently decided to find prostitutes. At that time, Hai A mentioned that he knew a prostitute named N using the Zalo account “Bao Tuyen”, so he contacted N through this Zalo to buy sex and asked N to call another prostitute for L. N agreed and negotiated the price at 5,000,000 VND per quick session per person, which Hai A and L accepted. Afterwards, N invited her roommate Nguyen Thi H to sell sex to L's client at the same agreed price. H agreed.

Around 2:30 PM on the same day, both L and Hai A went to hotel A at X Street, B Ward, T District, Hanoi to rent rooms P503 and P505. Both went into P505 to wait, with Hai A notifying N of the hotel address and room number. At P505, Hai A chose to purchase sex from H and handed her 5,000,000 VND while giving N an additional 500,000 VND. L also gave N 5,000,000 VND. Subsequently, L and N went to P503 to engage in sexual activities, while Hai A stayed in P505 with H for the same purpose.”

Judgment on the crime of harboring and brokering prostitution No. 114/2021/HS-PT

+ Adjudicating body: People's Court of Ho Chi Minh City.

+ Excerpt of content: “Nguyen Minh N used his phone to call T requesting a person to jointly use drugs and engage in sexual activities. T sent pictures of H via Zalo for N to see, informing him of the price at 8,000,000 VND, which N agreed to. T messaged and sent photos of N to the Messenger group “Gold View Love” notifying Tr, H, K, and Q that the broker had chosen H for the purpose, and H agreed to let N come to her apartment, which was jointly rented by Tr, Q, and K, to avoid the need for room rental as N arrived alone.

Around 2:30 AM on September 28, 2019, T arranged for N to meet at Gold View Apartment in District 4 and brought him to Apartment A1.12.05, shared by H, Tr, Q, and K, where N used drugs and had sexual relations with H as agreed.”

Sincerely!

Please Login to be able to download