Buying and selling sex is a crime that has been detected a lot nowadays. This behavior appears in the celebrity world. So what is the punishment for selling sex to foreigners? Regulations on penalties for prostitution in Vietnam? Follow the article below of Lawyer X for more information!
the 2003 Ordinance on Prostitution Prevention and Control;
Penal Code 2015 amended and supplemented 2017
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 the penalty for selling sex to foreigners?
Forms of handling for persons who commit acts of buying sex are specified in Article 22 of the Ordinance on Prevention and Combat of Prostitution in 2003. Sex buyers, depending on the nature of their violations, may be subject to administrative fines or warning. or fine. Where a sex buyer knows that he or she is infected with HIV but deliberately fails to use safety measures to infect others, or commits acts of buying sex with a person under the age of 18, he or she may be criminally handled.
Regarding the administrative sanction for the act of buying sex
The administrative sanction for the act of buying sex is specified in Decree 178/2004/ND-CP detailing a number of articles of the Ordinance on Prevention of Prostitution as follows:
For those who have acts of buying sex, as long as it is discovered that someone has bought sex, they will be administratively fined a fine from 500,000 VND to 1 million VND.
For cases of buying sex from many people at the same time, a fine of between VND 2 million and VND 5 million shall be imposed.
A fine of between VND 05 million and VND 10 million shall be imposed in one of the following cases:
Buying sex is depraved.
To entice and force others to buy sex together.
Penalties for buying sex with people under 18 years old
Criminal prosecution shall be applied to cases where persons aged full 18 years or older commit acts of buying sex with persons under 18 years of age. The fines for cases of buying sex with people under 18 years old are specified in Article 329 of the Penal Code 2015 as amended and supplemented in 2017 as follows:
A prison term of between 1 and 5 years shall be imposed if a person aged full 18 years or older is found to have engaged in the act of buying sex with a person under 18 years of age. Except for the case of having intercourse or performing other sexual acts with a person under 13 years old, they will be sanctioned according to the provisions of Point b, Clause 1, Article 142 on Rape of persons under 16 years of age.
Imprisonment from 03 to 07 years for the following cases:
Having the act of buying sex twice or more.
Buying sex with children aged from 13 years old but under 16 years old.
The act of buying sex harms the health of the violated person, the rate of bodily harm of the victim ranges from 31% to 60%.
Imprisonment from 07 years to 15 years for the following cases:
Committing the crime twice or more, and both times with children who are full 13 years old but under 16 years old.
The victim’s rate of bodily harm when physically injured is 61% or more.
In addition, offenders of buying sex with people under 18 years old may also be fined from VND 10 million to VND 50 million, depending on the seriousness and nature of the crime.
How is prostitution handled?
Forms of handling of persons who commit acts of prostitution are specified in Article 23 of the Ordinance on Prevention and Combat of Prostitution 2003. Persons who commit acts of prostitution, depending on the seriousness of the sex act, may be administratively sanctioned or applied. measures to rehabilitate and educate in the locality (commune, ward, township), more serious cases may be taken to a medical facility.
In cases where the person who commits the act of prostitution is a foreigner, administrative sanctions, warnings, fines may be applied, or in case of necessity, expulsion from the territory may be applied Vietnam.
If a sex worker knows that he or she is infected with HIV and still intentionally transmits the disease to others, he or she will be examined for penal liability according to the provisions of the Penal Code.
Regarding the level of administrative penalties for persons who commit acts of prostitution, are specified in Decree 178/2004/ND-CP specifically as follows:
If someone is found to have engaged in prostitution, he or she may be subject to a warning or a fine, a fine ranging from VND 100,000 to VND 300,000.
In case of selling sex to many people at the same time, the fine is from 300,000 VND to 500 thousand VND.
In case of prostitution of a depraved nature, a fine of between VND 500,000 and VND 1 million may be imposed.
In addition, sex workers who are full 14 years of age or older, have regular sex activities and have a certain place of residence, can apply the measure of education in the locality (commune, ward, township). Measures are applied when it is found that it is not necessary to isolate the subject from the community.
The time limit for application of this educational measure is from 3 to 6 months, depending on the personal identity, nature, severity and consequences of the violation, and the aggravating and mitigating circumstances of the violator.
Where a sex worker is full 16 years old or older, has engaged in regular and continuous prostitution activities and has received the measure of education in a commune, ward, or township, or does not have a stable place of residence, the measure of sending to sex workers shall be applied. medical facility. And the time limit for applying the measure of consignment to a medical treatment facility for sex workers is from 3 to 10 months.
For foreigners engaged in sex work in Vietnam, depending on the case, they may be fined according to regulations, and be expelled from Vietnam.
Crime of buying sex against minors
The crime of prostitution of a minor has some of the following characteristics:
The objective act of buying sex with a minor is an act of buying sex. According to the guidance of the Ordinance on Prevention and Combat of Prostitution 2003, buying sex is an act of using money or other material benefits to pay a sex worker to have sex. This objective behavior can be manifested in one of the following forms:
Using money or other material benefits to seduce, persuade or bribe minors to agree to sell sex for them: This is the case where the offender uses money (it can be VND or foreign currency). ) or material benefits (jewels, precious stones, objects, valuable papers…) to seduce, persuade, and bribe minors from full 13 years old to under 18 years old to agree to perform the act. have sex with me
Taking advantage of the physical and mental difficulties of minors to set conditions, demand to buy sex and perform acts of intercourse.
In this case, the offender takes advantage of the minor for various reasons, is in a difficult situation, is in economic dire straits (the family is in distress, he has no job, etc.), or have emotional trauma (beating, scolding…) to buy sex (the offender agrees to pay or some material benefits to perform acts of intercourse with a minor)
Negotiating the sale of sex with minors
Agreement on the sale of sex with minors can be the case of a direct agreement between the offender and a minor about the sale of sex or through a third person – a broker. This agreement may be initiated by the purchaser or the sex worker who is a minor. Brokerage objects are very diverse, can be owners or employees of restaurants, hotels, motels, inns, motorbike taxi drivers, etc.
The time when the crime is completed: the crime is completed as soon as the offender makes an agreement to buy sex with a minor.
Please see more
- Conditions to apply for a criminal record card for foreigners in Vietnam
- The right to copy criminal cases in Vietnam
- Decision to prosecute criminal cases according to Vietnam law
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Frequently asked questions
For both sex buyers and sex workers, they can be criminally prosecuted in case of intentionally transmitting HIV to others knowing that they are infected without using safety precautions when dealing with HIV. system of buying and selling sex. Specifically, the level of punishment is specified in Article 148 of the Penal Code 2015 as amended and supplemented in 2017.
Sex workers who are full 14 years of age or older, have regular sex activities and have a certain place of residence may apply the measure of education in their locality (commune, ward, township). is applied when it is found that it is not necessary to isolate the subject from the community.