Prostitution and procuring prostitution are sensitive and complex issues in Vietnam. Prostitution is understood as the buying and selling of sexual services, in which the prostitute provides these services to receive money or other material benefits from the client. This activity not only affects social order but also results in numerous health and moral consequences. In case you need advice, please contact Apolo Lawyers via email at contact@apolo.com.vn or Hotline - (+84) 903 419 479 for the best advice and support.

I. Concept of Prostitution and Procuring Prostitution

Prostitution and procuring prostitution are sensitive and complex issues in Vietnam. Prostitution is understood as the transaction of sexual services, where the prostitute provides these services in exchange for money or other material benefits from the client. This activity not only affects social order but also leads to numerous health and moral consequences.

Prostitution, by its very nature, involves significant health risks, including the transmission of sexually transmitted diseases (STDs) such as HIV/AIDS, which not only affects the individuals directly involved but also poses a broader public health risk. Moreover, prostitution can have severe psychological impacts on those involved, including feelings of shame, depression, and a loss of self-worth. These mental health issues can be exacerbated by the stigma and discrimination that sex workers often face from society.

In addition to health concerns, prostitution undermines social and family values. It often leads to the disintegration of families, domestic violence, and can contribute to other social ills such as human trafficking. Many individuals, especially women and children, are coerced or tricked into prostitution, making it a significant human rights issue.

Procuring prostitution, on the other hand, is the act of facilitating this illicit trade. Brokers or pimps act as intermediaries, connecting clients with prostitutes to earn unlawful profits. They employ various sophisticated methods to advertise their services, attract customers, and organize prostitution transactions. These intermediaries often exploit the vulnerabilities of sex workers, taking advantage of their financial desperation, lack of education, or difficult personal circumstances.

How is procuring prostitution penalized ?

Vietnamese law strictly prohibits and severely punishes acts related to prostitution and procuring prostitution. The Penal Code of Vietnam categorizes procuring prostitution as a serious criminal offense, reflecting the state of commitment to combatting this issue. Punishments for those caught procuring prostitution include imprisonment and additional penalties, such as fines and community service, depending on the severity of the offense and whether aggravating factors are present, such as the involvement of minors or organized crime elements.

Overall, addressing prostitution and procuring prostitution requires a multifaceted approach, including stringent legal measures, public health initiatives, social support services, and community awareness campaigns. Efforts must be made not only to penalize those who engage in and facilitate these activities but also to provide support and rehabilitation for victims, ensuring they have the opportunity to rebuild their lives in a safe and dignified manner.

II. Defining Characteristics of Procuring Prostitution

Vietnamese criminal law prohibits procuring prostitution, specifically outlined in Article 328 of the 2015 Penal Code as follows:

1. Anyone who acts as an intermediary to entice or lead others to engage in prostitution shall be sentenced to imprisonment for 06 months to 03 years.
2. Committing the offense in one of the following circumstances shall be subject to imprisonment for 03 to 07 years: a) Against a person aged between 16 and under 18 years; b) Organized; c) Of a professional nature; d) Committing the offense two or more times; e) Against two or more persons; f) Illicitly gaining between VND 100,000,000 and under VND 500,000,000; g) Reoffending dangerously.
3. Committing the offense in one of the following circumstances shall be subject to imprisonment for 07 to 15 years: a) Against a person aged between 13 and under 16 years; b) Illicitly gaining VND 500,000,000 or more.
4. The offender may also be subject to a fine of between VND 10,000,000 and VND 50,000,000.

According to Article 3 of the Ordinance on Prostitution Prevention and Control, procuring prostitution includes the following acts:

• Acting as an intermediary to entice others to engage in prostitution: This involves acting as a bridge between clients and prostitutes, arranging meetings, and negotiating terms between both parties. It also involves using words, actions, or other means to persuade or lure others into prostitution.
• Acting as an intermediary to lead others to engage in prostitution: This involves facilitating contact and meetings for prostitution transactions, such as negotiating prices or times.

Thus, a broker only needs to engage in either "enticement" or "leading" to satisfy the criteria for the crime of procuring prostitution. Both actions are not required to constitute the offense.

Under the provisions of Article 328 of the 2015 Penal Code, amended in 2017, the basic penalty for procuring prostitution is imprisonment from 06 months to 03 years, with increased penalties for specific aggravating circumstances.

How is procuring prostitution penalized ?

Article 328. Procuring Prostitution

1. Anyone who acts as an intermediary to entice or lead others to engage in prostitution shall be sentenced to imprisonment for 06 months to 03 years.
2. Committing the offense in one of the following circumstances shall be subject to imprisonment for 03 to 07 years: a) Against a person aged between 16 and under 18 years; b) Organized; c) Of a professional nature; d) Committing the offense two or more times; e) Against two or more persons; f) Illicitly gaining between VND 100,000,000 and under VND 500,000,000; g) Reoffending dangerously.
3. Committing the offense in one of the following circumstances shall be subject to imprisonment for 07 to 15 years: a) Against a person aged between 13 and under 16 years; b) Illicitly gaining VND 500,000,000 or more.
4. The offender may also be subject to a fine of between VND 10,000,000 and VND 50,000,000.

Engaging in the act of procuring prostitution is not only a criminal offense but also inflicts serious harm on victims, plunging them into a vicious cycle of violence and disease. This is a pressing issue that society must confront collectively, implementing effective measures to prevent and strictly punish those who commit these crimes, ensuring a healthier and safer environment for everyone.

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