When shall a person be liable to imprisonment sentence for involving other people in harboring prostitution in Vietnam?

When shall a person be liable to imprisonment sentence for involving other people in harboring prostitution in Vietnam?

When shall a person be liable to imprisonment sentence for involving other people in harboring prostitution in Vietnam? What is the maximum sentence for harboring prostitution in Vietnam? 

Answer:

Pursuant to Article 327 of the Criminal Code in 2015 stipulating harboring prostitutes as follows:

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

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

- ...

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

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

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

- The offence results in ≥ 46% mental and behavioral disability of the person engaged in prostitution.

Therefore, for the offense of harboring prostitution, engaging in the act with one or more individuals is sufficient for criminal prosecution. According to current regulations, the maximum penalty that can be imposed on this offense is life imprisonment.

When shall a person be liable to imprisonment sentence for involving other people in harboring prostitution in Vietnam? - Image from Internet

What is the imprisonment sentence for the act of encouraging 15-year-old people to engage in prostitution in Vietnam?

What is the imprisonment sentence for the act of encouraging 15-year-old people to engage in prostitution in Vietnam? Thank you!

Answer:

Pursuant to Clause 3 Article 328 of the Criminal Code in 2015 stipulating procuring as follows:

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

...

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;

...

As regulations above, anyone commits the act of encouraging 15-year-old people to engage in prostitution in Vietnam shall carry a penalty of 07 - 15 years' imprisonment.

How to handle a prostitute who transmits HIV to others in Vietnam?

Hello Lawnet. During my business trip away from home, I became acquainted with a prostitute. During this time, we engaged in sexual relations multiple times. Recently, I got tested and found out that I have HIV. I would like to know if I can report her and have her sent to prison.

Answer:

Pursuant to Article 23 of Ordinance on prostitution prevention and combat in 2008 stipulating regulations on handling of prostitutes as follows:

1. Prostitutes shall, depending on the nature and seriousness of their violations, be administratively sanctioned, applied with the measure of education in communes, wards or townships or sent into medical treatment establishments. Foreign prostitutes shall, depending on the nature and seriousness of their violations, be administratively sanctioned in the forms of caution, fine and/or expulsion.

2. Prostitutes who, though being aware of their HIV infection, deliberately transmit the disease to other persons shall be examined for penal liability.

Pursuant to Article 148 of the Criminal Code in 2015 stipulating transmission of HIV to others as follows:

1. A person who, in the knowledge of his/her HIV infection, deliberately transmits HIV to another person, unless the victim knows the it and voluntarily engages in sexual intercourse, shall face a penalty of 01 - 03 years' imprisonment.

...

According to the provisions of the law, in your case, if the girl is aware of her HIV status and intentionally engages in sexual activities with you, resulting in your HIV infection, you can report her to the relevant authorities to hold her criminally responsible. On the other hand, if the girl is unaware of her HIV status, there is no basis for holding her accountable for the mentioned behavior. You can contact the competent police authority to request an investigation into this matter.

Best regards!