What are the penalties of prostitution brokerage in Vietnam?

What is a prostitute? What are the penalties of prostitution brokerage in Vietnam? - Hoang Ha (Vinh Phuc, Vietnam)

1. What is a prostitute?

According to Clause 7, Article 3 of .the Ordinance on Prostitution Prevention and Control 2003, Prostitution brokerage means acts of allurement or procurement by panders for the parties to buy and sell sex.

In particular, the act of selling and buying sex is regulated as follows:

- Prostitution is the act of having sexual intercourse of one person with another for payment or other material benefit.

- Buying sex is the act of using money or other material benefits to pay a sex worker for sexual intercourse.

(Based on Clauses 1 and 2, Article 3 of the Ordinance on Prevention of Prostitution 2003)

What are the penaltis of prostitution brokerage in Vietnam? (Image from the Internet)

2. What are the penaltis of prostitution brokerage in Vietnam? 

2.1 Other acts related to prostitution activities in Vietnam

Article 26 of Decree 144/2021/ND-CP stipulates administrative fines for acts related to prostitution brokerage as follows:

- A warning or a fine ranging from 300.000 VND to 500.000 VND shall be imposed for prostitution or engaging in sexual acts.

- A fine of from VND 5.000.000 to VND 10.000.000 shall be imposed for concealment, protection for prostitution.

- A fine of from VND 10.000.000 to VND 20.000.000 shall be imposed for assisting, enticing, tempting, forcing or another person to buy or sell sex:

- A fine of from VND 30.000.000 to VND 50.000.000 shall be imposed for any of the following violations:

+ Using force or threatening to use force to protect or maintain prostitution;

+ Contributing money and property to prostitution;

+ Procuring

-  A fine of from VND 50.000.000 to VND 75.000.000 shall be imposed for one of acts that abuse positions, powers, dignity to protect or maintain prostitution.

+ Remedial measure:

Enforced return of benefits illegally obtained from the commission of the violation in prescribed Clauses 1, 2, 3, 4 and 5 of this Article;

Note: The above administrative fines apply to individuals. The fine level for organizations is 2 times higher than that for individuals.

2.2 Pursuing criminal liability for prostitution brokerage in Vietnam

According to Article 328 of the Criminal Code 2015, the crime of prostitution brokerage can be prosecuted for penal liability as follows:

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

- This offence committed in any of the following circumstances carries a penalty of 03 - 07 years' imprisonment:

+ The offence involves a person aged from 16 to under 18 engaged in prostitution;

+ The offence is committed by an organized group;

+ The offence is committed in a professional manner;

+ The offence has been committed more than once;

+ The offence involves more than one person;

+ The illegal profit earned is from VND 100,000,000 to under VND 500,000,000;

+ Dangerous recidivism.

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

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

+ The illegal profit earned is ≥ VND 500,000,000;

- The offender might also be liable to a fine of from VND 10,000,000 to VND 50,000,000

Nhu Mai

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