Sir, I know that the crime of sex trafficking is strictly regulated in the Vietnamese legal system, as a Vietnamese citizen, I understand more clearly about the nature of the violation of the act of prostitution. I wonder if the act of buying sex for foreigners in Vietnam will have what sanctions to handle? Will they be deported when they commit the crime of buying and selling sex with foreigners? Ask a lawyer to help me.
Hello! Thank you for trusting the legal consulting service and sending questions about Lawyer X. Your case will be answered by us through the article below to help you better understand the legal provisions on the crime of buying sex as well as clarifying whether foreigners who buy sex in Vietnam will be deported. We invite you to read it now!
Legal grounds
Ordinance on Prevention of Prostitution 2003
Law on Handling of Administrative Violations 2012
Decree No. 142/2021/ND-CP
Decree 144/2021/ND-CP
What is the crime of buying and selling sex?
Pursuant to Article 3 of the Ordinance on Prevention of Prostitution in 2003 providing for the interpretation of terms:
Prostitution is understood as a person performing sexual intercourse with another person in return for receiving material benefits, be it money or other valuable material things.
Buying sex is understood as the act of a person using money, or using other material benefits to pay a person to perform sexual acts. Material benefits are understood in a variety of ways, be it money, houses, cars, jewelry, or any other valuable thing…
Thus, buying and selling sex is an act of intercourse with another person, a sex buyer is a person who pays to have sex and a sex worker is a person who receives money to perform an act of intercourse.
What is eviction?
According to Article 37 of the Consolidated Document 01/VBHN-VPQH 2017 of the Penal Code, expulsion is forcing a convicted foreigner to leave the territory of the Socialist Republic of Vietnam. Expulsion is imposed by the Court as a primary or additional penalty on a case-by-case basis.
Basically, expulsion is a measure to handle law violations of foreigners and stateless people who are detected and handled by Vietnamese authorities by forcing them out of the territory Socialist Republic of Vietnam. Expulsion is coercive for those subject to punishment.
The case of foreigners being expelled from Vietnam
The Government has just issued Decree No. 142/2021/ND-CP stipulating the sanctioning of expulsion, measures to temporarily hold people, escort violators according to administrative procedures and manage foreigners who violate the law. Vietnam during deportation procedures. This Decree takes effect from January 1, 2022; replacing Decrees No. 112/2013/ND-CP dated October 2, 2013 and Decree No. 17/2016/ND-CP dated March 17, 2016 stipulated previously.
Subjects of application of the sanction of expulsion are specified in Article 5 of Decree 142/2021/ND-CP as follows: “Individuals are foreigners who commit administrative violations within the territory or reception area. bordering the territorial sea, exclusive economic zone and continental shelf of the Socialist Republic of Vietnam; On board an aircraft bearing Vietnamese nationality or a seagoing vessel flying the Vietnamese flag, depending on the seriousness of the violation, the penalty of expulsion shall be imposed as prescribed in Article 27 of the Law on Handling of Administrative Violations. main”.
Accordingly, the person subject to the sanction of expulsion has the right: To know the reason for the expulsion, to receive the expulsion decision at least 48 hours before the execution; be required to have an interpreter when working with competent agencies or persons; 65/2020/ND-CP dated June 10, 2020 stipulating the organization and regimes for people staying at accommodation establishments while waiting for exit ; to bring their lawful property out of the Vietnamese territory; may lodge complaints and denunciations in accordance with the law on settlement of complaints and denunciations.
In addition, the deported person is obliged to fully comply with the provisions stated in the decision on sanctioning of administrative violations that apply the expulsion sanction; present identification documents at the request of the immigration authorities; comply with the provisions of Vietnamese law, be under the management of the police during the time of carrying out the deportation procedures; quickly fulfill all civil, administrative and economic obligations as prescribed by law (if any); complete the necessary procedures to leave the Vietnamese territory.
Measures to manage foreigners who violate Vietnamese law during deportation procedures include: Restricting the movement of the managed person; designate the place of residence of the person being managed; temporarily hold a passport or other identification document in lieu of a passport.
Will foreigners who buy sex in Vietnam be deported?
Pursuant to Article 24 of Decree 144/2021/ND-CP, there are provisions on administrative sanctions for the act of buying sex as follows:
- A fine of between VND 1,000,000 and 2,000,000 shall be imposed for buying sex.
- A fine of from 2,000,000 VND to 5,000,000 VND in case of buying sex from 02 or more people at the same time.
- Additional sanctioning forms:
Confiscate exhibits of administrative violations for the acts specified in Clauses 1 and 2 of this Article.
Thus, according to the above provisions, the law does not provide for the application of the expulsion sanction to foreigners who commit acts of buying sex. Therefore, they will only be fined and confiscated for their acts of buying sex.
What is the penalty for selling sex to foreigners?
In Article 25 of Decree 144/2021/ND-CP, there are provisions on administrative penalties for prostitution as follows:
- A warning or a fine of between VND 300,000 and 500,000 shall be imposed for selling sex.
- A fine of from 1,000,000 VND to 2,000,000 VND in case of selling sex to 02 or more people at the same time.
- Additional sanctioning forms:
a) Confiscate exhibits of administrative violations, for acts specified in Clauses 1 and 2 of this Article;
b) Deport foreigners who commit administrative violations specified in Clauses 1 and 2 of this Article.
- Remedial measures:
Forcible return of illegal profits obtained from committing violations specified in Clauses 1 and 2 of this Article.
Accordingly, the law has no provisions on discriminating prostitution for foreigners and Vietnamese. Therefore, a person who acts as a prostitute may be fined from VND 300,000 to VND 500,000 or from VND 1,000,000 to VND 2,000,000 in case of selling sex to 02 or more people at the same time. In addition, the violators will also be confiscated material evidences and forced to pay back the illegal profits.
Competence to apply expulsion sanctions
Agencies and persons competent to apply the expulsion sanction shall comply with the provisions of Point dd Clause 5 and Clause 7 Article 39 of the Law on Handling of Administrative Violations 2012.
Accordingly, the Director of the provincial-level Police Department decides to apply the expulsion sanction; The Director of the Immigration Department has the power to impose sanctions as prescribed in Clause 6, Article 39 of the Law on Handling of Administrative Violations.
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Frequently asked questions
Decree 142/2021/ND-CP stipulates the order and procedures for applying the expulsion sanction as follows:
Step 1: Within 02 working days, the violation detection agency deems that the foreigner who commits a law violation is eligible to apply the sanction of expulsion, must send documents, exhibits, temporarily seized vehicles (if any) related to the violation case to the immigration management agency of the provincial-level police department where the foreigner has registered his/her permanent residence or temporary residence or where the violation occurred for filing proposed the application of the penalty of expulsion. For cases of violations detected by central agencies or professional units of the Ministry of Public Security, the violation dossiers shall be sent to the Immigration Department for preparation of dossiers of request for application of the sanctioning form. export.
Step 2: Within 03 working days from the day on which the violation file is received, the immigration management agency of the provincial-level Police Department and the professional division of the Immigration Department shall complete the dossier. proposed the application of the penalty of expulsion.
Profile includes:
Summary of background and law violations of the person proposed to apply the expulsion sanction;
Minutes of administrative violations of the person proposed to apply the expulsion sanction;
Documents and evidences on administrative violations;
Documents on the administrative sanctions that have been applied (for repeated violations or recidivism);
A written request for the application of the expulsion sanction.
The preparation of a dossier of application of the expulsion sanction to foreigners committing administrative violations in the case of an additional sanctioning form as prescribed in Clause 2, Article 21 of the Law on Handling of Administrative Violations is carried out. according to the provisions of Clauses 1 and 2, Article 8 of Decree 142/2021/ND-CP.
Step 3: Within 02 working days from the date of receiving the written request for application of the form of sanction of expulsion from the Immigration Department of the Provincial Police or the professional division of the Immigration Department The Director of the Provincial-level Police Department and the Director of the Immigration Department must consider and issue a decision on sanctioning and expulsion of foreigners who commit administrative violations. If they are not eligible to apply the sanction of expulsion, they must immediately notify the agency detecting the violation.
Note: The decision to apply the sanction of expulsion must be sent to the deported person and the Ministry of Foreign Affairs of Vietnam, the consular office, the diplomatic mission of the country of which the deported person is a citizen or the country in which that person last resided before arriving in Vietnam before the enforcement of the provisions of Article 84 of the Law on Handling of Administrative Violations. The decision on expulsion must be presented in both Vietnamese and English.
Step 4: The police agency, the person competent to apply the expulsion sanction is responsible for organizing the implementation of the Decision on the application of the expulsion sanction; at the same time, be responsible for transferring all relevant dossiers and papers, material evidences and means of administrative violations (if any) to the agency receiving the decision to apply the expulsion sanction for execution of the decision. decided to apply the sanction of expulsion according to the provisions of the Law on Handling of Administrative Violations.
For cases where the person subject to the sanction of expulsion deliberately refuses to receive the sanctioning decision, the competent person shall make a record of the refusal to receive the decision and send it to the Ministry of Foreign Affairs of Vietnam, the consular office, diplomatic mission of the country of which the deportee is a citizen or the country in which he last resided before coming to Vietnam.
The execution of the Decision on application of the expulsion sanction to foreigners who commit administrative violations in the case specified as an additional form of sanction as prescribed in Clause 2, Article 21 of the Law on Handling of Violations Administration shall comply with the provisions of Clauses 1, 2, 3, Article 10 of Decree 142/2021/ND-CP.
In Article 15 of Decree 142/2021/ND-CP stipulating the responsibilities of the immigration management agency in the case of applying the form of expulsion handling are as follows:
Responsibilities of the Immigration Department of the Ministry of Public Security
Responsibilities of the Immigration Department of the Ministry of Public Security:
a) Make a dossier of implementation of the decision on application of the expulsion sanction, including: The decision on the application of the expulsion sanction; A copy of the passport or other identification document that replaces the passport of the deportee; Papers certifying that other obligations have been fulfilled (if any); Other relevant documents;
b) Send the decision on application of the sanction of expulsion, the decision on postponement of the execution of the decision on sanctioning of expulsion and the decision on application of measures to manage foreigners who violate the law during the time of carrying out deportation procedures to Ministry of Foreign Affairs to notify the diplomatic or consular mission of the country of which the person is a national; at the same time, send a copy of the decision to the deportee for enforcement;
c) Collect and receive necessary information and documents for organizing the implementation of the decision to apply the expulsion sanction;
d) Coordinate with relevant agencies to ensure the exercise of the rights and obligations of the deportees;
d) Organize the expulsion according to the decision.
Responsibilities of the provincial-level police station where the application for the expulsion sanction is made:
a) Make a dossier of implementation of the decision on sanctioning of expulsion;
b) Manage the subject during the time of making the application for the sanction of expulsion according to the provisions of Article 13 of this Decree;
c) Hand over the subject to the immigration management agency upon request;
d) Coordinating with the immigration management agency in implementing the decision to impose the expulsion sanction;
dd) Coordinate with relevant agencies to ensure the exercise of the rights and obligations of the deportees.
Thus, in this case, if applying the expulsion sanction when deeming that this foreigner has committed a violation and is eligible to apply, the unit must send relevant documents, exhibits, etc. to the immigration management agency of the provincial-level Police Department where the foreigner registers his/her permanent residence or temporary residence or where the violation occurs to compile a dossier requesting the application of the expulsion sanction.
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