Posting sex videos online may carry a maximum penalty of up to 15 years in prison in Vietnam

According to the provisions of the Criminal Code 2015, anyone who uploads and disseminates "hot" images, sex videos, or pornographic materials online in Vietnam may constitute the crime of distribution pornographic materials under Article 326 of the Criminal Code 2015.

Article 326. Distribution pornographic materials

1. Anyone producing, copying, circulating, transporting, trading, or storing for the purpose of disseminating books, newspapers, paintings, pictures, films, music, or other items with pornographic or obscene content, or engaging in other acts of spreading pornographic items in any of the following cases, shall be fined from 10,000,000 VND to 100,000,000 VND, subjected to non-custodial reform for up to 03 years or imprisoned from 06 months to 03 years:

a) Digitized data with a volume from 01 gigabyte (GB) to less than 05 gigabytes (GB);

b) Printed books, newspapers in quantities from 50 units to 100 units;

c) Physical photographs in quantities from 100 photos to 200 photos;

d) Disseminated to 10 to 20 people;

dd) Previously administratively fined for this act or previously convicted for this crime, not yet expunged, but reoffended.

2. Committing the crime under any of the following circumstances shall be imprisoned from 03 years to 10 years:

a) Organized manner;

b) Digitized data with a volume from 05 gigabytes (GB) to less than 10 gigabytes (GB);

c) Printed books, newspapers in quantities from 51 units to 100 units;

d) Physical photographs in quantities from 201 photos to 500 photos;

dd) Disseminated to 21 to 100 people;

e) Towards individuals under 18 years old;

g) Using the internet, computer network, telecommunications network, electronic means to commit the crime;

h) Dangerous recidivism.

3. Committing the crime under any of the following circumstances shall be imprisoned from 07 years to 15 years:

a) Digitized data with a volume of 10 gigabytes (GB) or more;

b) Printed books, newspapers in quantities of 101 units or more;

c) Physical photographs in quantities of 501 photos or more;

d) Disseminated to 101 people or more.

4. The offender may also be fined from 5,000,000 VND to 30,000,000 VND, prohibited from practicing certain professions or performing certain jobs from 01 year to 05 years.

This regulation has been amended and supplemented at Clause 124, Article 1 of the Law on amendments to the Criminal Code 2017 as follows:

Article 1. Amendments, supplements, and abolition of certain articles of the Criminal Code No. 100/2015/QH13

124. Amend and supplement Clause 1... Article 326 as follows:

“1. Anyone producing, copying, circulating, transporting, trading, or storing for the purpose of disseminating books, newspapers, paintings, pictures, films, music, or other items with pornographic or obscene content, or engaging in other acts of spreading pornographic items in any of the following cases, shall be fined from 10,000,000 VND to 100,000,000 VND, subjected to non-custodial reform for up to 03 years or imprisoned from 06 months to 03 years:

a) Digitized data with a volume from 01 gigabyte (GB) to less than 05 gigabytes (GB);

b) Photos in quantities from 100 photos to less than 200 photos;

c) Printed books, newspapers, or other items in quantities from 50 units to less than 100 units;

d) Disseminated to 10 to 20 people;

dd) Previously administratively fined for one of the acts prescribed in this Article or previously convicted for this crime, not yet expunged, but reoffended.”

Duy Thinh

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