What is film production with pornographic content in Vietnam?

What is film production with pornographic content in Vietnam?

Pursuant to Clause 5, Article 3 of Decree 178/2004/ND-CP defining pornography

5. "Pornography" specified in Article 16 and Clause 1, Article 26 of the Ordinance is the act of using gestures, actions, images, and sounds to stimulate sexual desire.

Thus, producing film content that uses gestures, actions, images, and sounds to stimulate sexual desire will be considered producing films with pornographic content in Vietnam.

What is film production with pornographic content in Vietnam? (Image from the Internet)

What is handling for act of producing films with pornographic content in Vietnam?

For the act of producing films with pornographic content but not serious enough to be prosecuted for criminal liability, administrative sanctions will be imposed based on Point b, Clause 4, Article 6 of Decree 38/2021/ND-CP as follows:

4. Imposing the fine ranging from 30,000,000 dong to 40,000,000 dong for one of the following violations:

b) Producing movies with pornographic contents but not to the extent of being prosecuted for penal liability; inciting violence; movies spreading social evils; destroying ecological environment; not suitable for Vietnamese fine customs and traditions;

For acts of producing films with pornographic content of the nature, extent, and consequences of violations, they can be prosecuted for criminal liability for the crime of spreading depraved cultural products according to Article 326 of the 2015 Criminal Code amended by Clause 124, Article 1 of the Law amending the Criminal Code 2017.

1. Any person who makes, duplicates, publishes, transports, deals in, or possesses books, magazines, pictures, films, music, or other items that contain pornographic contents for the purpose of distributing them or distributes pornographic materials in any of the following circumstances shall be a fine of from VND 10,000,000 to VND 100,000,000 or face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment:

a) The offence involves an amount of digital data from 01 GB to under 05 GB in size;

b) The offence involves 100 - 199 physical pictures;

c) The offence involves 50 - 99 physical books, magazines or other printed materials;

d) Pornographic materials are distributed among 10 - 20 people;

dd) The offender has incurred an administrative penalty for any of the offences specified in this Article or has an unspent conviction for the same offence .

2. This offence committed in any of the following circumstances carries a penalty of 03 - 10 years' imprisonment:

a) The offence is committed by an organized group;

b) The offence involves an amount of digital data from 05 GB to under 10 GB in size;

c) The offence involves 200 - 499 physical pictures;

d) The offence involves 100 - 199 physical books, magazines or other printed materials;

dd) Pornographic materials are distributed among 21 - 100 people;

e) Pornographic materials are provided for a person under 18;

g) The offence is committed using the Internet, a computer network, telecommunications network, or electronic device;

h) Dangerous recidivism.

3. This offence committed in any of the following circumstances carries a penalty of 07 - 15 years' imprisonment:

a) The offence involves an amount of digital data of ≥ 10 GB;

b) The offence involves ≥ 500 physical pictures;

c) The offence involves ≥ 200 physical books, magazines or other printed materials;

d) Pornographic materials are distributed among ≥ 101 people.

4. The offender might also be liable to a fine of from VND 5,000,000 to VND 30,000,000 or prohibited from holding certain positions or doing certain jobs for 01 - 05 years.

Thus, the act of producing films with pornographic content can be subject to administrative sanctions with fines ranging from 30,000,000 VND to 40,000,000 VND, up to a maximum penalty of imprisonment from 7 to 15 years. At the same time, when prosecuted for criminal liability, the offender may be fined from 5,000,000 VND to 30,000,000 VND, banned from practicing certain occupations or doing certain jobs for 01 to 05 years.

Best regards!