Vietnam: Distributing sex tapes will result in up to 15 years in prison

According to Vietnam’s current regulations, specifically Article 326 of the Criminal Code 2015 and Clause 124 Article 1 of the Law on amendments to the Criminal Code 2017, it can be seen that the act of distributing videos and publications of a pornographic nature is strictly prohibited by law, including one's own images.

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:

- The offense involves an amount of digital data from 01 GB to under 05 GB in size;

- The offense involve 50 - 100 physical books or magazines;

- The offense involves 100 - 200 physical pictures;

- Pornographic materials are distributed among 10 - 20 people;

- The offender has incurred an administrative penalty or has an unspent conviction for the same offense.

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

- The offense is committed by an organized group;

- The offense involves an amount of digital data from 05 GB to under 10 GB in size;

- The offense involve 51 - 100 physical books or magazines;

- The offense involves 201 - 500 physical pictures;

- Pornographic materials are distributed among 21 - 100 people;

- Pornographic materials are distributed to people under 18;

- The offense is committed using the Internet, a computer network, telecommunications network or electronic device;

- Dangerous recidivism.

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

- The offense involves an amount of digital data ≥ 10 GB;

- The offense involve ≥ 101 physical books or magazines;

- The offense involves ≥ 501 physical pictures;

- Pornographic materials are distributed among ≥ 101 people;

Moreover, 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.

In case the amount of sensitive video distributed is less than one GB, the offender shall be administratively sanctioned according to the provisions of Point b, Clause 4, Article 66 of Decree No. 174/2013/NĐ-CP of Vietnam’s Government with a fine from 30 to 50 million VND.

And if these videos are distributed on social networks with the purpose of seriously insulting the honor and dignity of others, in addition to being subject to administrative sanctions according to Decree No. 174/2013/NĐ-CP, the person who spreads it may also be prosecuted for criminal liability for the crime of Insults to another person according to Article 155 of the Criminal Code 2015 of Vietnam. Specifically, any person who seriously insults another person shall receive a warning, be liable to a fine of VND 10,000,000 - VND 30,000,000 or face a penalty of up to 03 years' community sentence. This offense committed in any of the following circumstances carries a penalty of 03 - 02 years' imprisonment:

- The offense has been committed more than once;

- The offense is committed against 02 or more people;

- The offense involves abuse of the offender's position or power;

- The offense is committed against a law enforcement officer in performance of his/her official duties;

- The offense is committed against a person who cares for, teaches, raises or provides medical treatment for the offender;

- The offense is committed using a computer network, telecommunications network or electronic device;

- The victim suffers from 11% - 45% mental and behavioral disability because of the offense.

This offense committed in any of the following circumstances carries a penalty of 02 - 05 years' imprisonment: The victim suffers from ≥ 46% mental and behavioral disability because of the offense; The offense results in the suicide of the victim.

- Nguyen Trinh -

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE