If an owner opens a barber shop to operate a prostitution line, will the owner be liable for criminal prosecution in Vietnam?

If an owner opens a barber shop to operate a prostitution line, will the owner be liable for criminal prosecution in Vietnam?

Pursuant to Article 328 of the 2015 Penal Code, procuring is prescribed as follows:

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.

Thus, for a woman who opens a barber shop to operate a prostitution line, she can be liable for criminal prosecution in Vietnam for the crime of procuring, the highest penalty frame for this crime is from 07 five to 15 years. Offenders may also be fined from 10,000,000 VND to 50,000,000 VND.

In addition, in Article 327 of the Penal Code 2015 as amended by Article 2 of the Law amending the Penal Code 2017 stipulates the crime of harboring prostitution as follows:

1. Any person who harbors prostitutes shall face a penalty of 01 - 05 years' imprisonment.

2. This offence committed in any of the following circumstances carries a penalty of 05 - 10 years' imprisonment:

a) The offence is committed by an organized group;

b) Forced prostitution;

c) The offence has been committed more than once;

d) The offence involves ≥ 04 people engaged in prostitution;

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

e) The offence results in 31% - 60% mental and behavioral disability of the aged from 16 to under 18;

g) The illegal profit earned is from VND 50,000,000 to under VND 200,000,000;

h) Dangerous recidivism.

3. This offence committed in any of the following circumstances carries a penalty of 10 - 15 years' imprisonment:

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

b) The illegal profit earned is from VND 200,000,000 to under VND 500,000,000;

c) The offence results in ≥ 61% mental and behavioral disability of the person engaged in prostitution.

4. This offence committed in any of the following circumstances carries a penalty of 15 - 20 years' imprisonment or life imprisonment:

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

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

c) Forced prostitution that results in the victim's death or suicide.

5. The offender might also be liable to a fine of from VND 10,000,000 to VND 100,000,000 or put under mandatory supervision for 01 - 05 years or have part or all of his/her property confiscated.

According to this Article, the woman above can be liable for criminal prosecution in Vietnam, the highest penalty frame is life in prison. In addition, the offender may also be fined from 10,000,000 VND to 100,000,000 VND, placed on probation from 01 year to 05 years or have part or all of his/her property confiscated.

How much money do prostitutes receive as administrative fines in Vietnam?

According to Article 25 of Decree 144/2021/ND-CP, sex selling is regulated as follows:

1. A warning or a fine ranging from 300.000 VND to 500.000 VND shall be imposed for selling sex.

2. A fine of from VND 1.000.000 to VND 2.000.000 shall be imposed for selling sex in case the offence involves more than one person at the same time.

3. Additional penalties:

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

b) Expel foreigners committing the administrative violations specified in Clauses 1 and 2 of this Article.

4. Remedial measure:

Enforced return of benefits illegally obtained from the commission of the violation in prescribed Clauses 1 and 2 of this Article;

According to this Article, prostitutes can be fined up to 2,000,000 VND and forced to apply the above additional sanctions, in addition to having to pay back the illegal profits obtained from performing the act in Vietnam.

Will buying sex from a 17 year old be liable for criminal prosecution in Vietnam? 

Article 329 of the 2015 Penal Code stipulates engaging in prostitution with a person under 18 as follows:

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.

Thus, buying sex from a 17-year-old person will be liable for criminal prosecution in Vietnam, with the maximum penalty being imprisonment from 7 to 15 years. The offender will also be fined from 10,000,000 VND to 50,000,000 VND.

Best regards!