How much is fine for sex buying and selling in Vietnam? Are sex buying and selling subject to criminal prosecution in Vietnam?

How much is fine for sex buying and selling in Vietnam?

Article 24 of Decree 144/2021/ND-CP stipulates sex buying as follows:

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.

According to Article 25 of Decree 144/2021/ND-CP stipulating sex selling 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;

Thus, according to the above provisions: 

Persons commit sex buying can be fined from VND 1,000,000 to VND 5,000,000, depending on the level of behavior. In addition, persons commit sex buying are also subject to confiscation of exhibits of administrative violations in Vietnam. 

Persons commit sex selling in Vietnam can be fined from 300,000 VND to 2,000,000 VND, depending on the severity of their behavior. In addition, persons commit sex selling are forced to return the illegal profits they gain from doing so.

Are sex buying and selling subject to criminal prosecution in Vietnam? 

Pursuant to Article 327 of the 2015 Penal Code as amended by Point r, Clause 2, Article 2 of the Law amending the Penal Code 2017 stipulates harboring prostitutes 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 11% - 45% 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.

In Article 329 of the 2015 Penal Code, engaging in prostitution with a person under 18 is 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.

Therefore, the act of sex buying and selling can be liable for criminal prosecution: 

For persons commit sex selling, there are currently no specific penalties prescribed by law in Vietnam. However, if they commit the act of containing prostitution, they will be sentenced to imprisonment from 01 year to the maximum penalty of life imprisonment. 

For persons commit sex buying, only criminal liability will be prosecuted for acts of buying sex from people under 18 years of age. This offender can be imprisoned for up to 15 years in Vietnam. 

But the number of years in prison of this offender who contains harboring prostitutes will depend on the level of behavior, the results of the investigation agency and the court's decision to execute the sentence in Vietnam.

Will persons commit sex selling who knows they have HIV but still commit be liable for criminal prosecution in Vietnam?

According to Article 149 of the 2015 Penal Code, as amended by Point e, Clause 2, Article 2 of the Law amending the Penal Code 2017, deliberate transmission of HIV to others is as follows:

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 31% - 60% 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 ≥ 61% 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.

Thus, according to the above regulations in Vietnam, persons commit sex selling who know they are HIV positive but still do may be liable for criminal prosecution for deliberate transmission of HIV to others. This offender has a maximum penalty of life imprisonment.

Best Regards!