Table of Contents:
- 1. What is Procuring (Prostitution)?
- 2. How does Procurer be punished?
- 2.1 Administrative sanctions
- 2.2 Criminal sanctions
1. What is Procuring (Prostitution)?
Pursuant to Clause 1, Clause 2, Clause 3, Article 3 of the Ordinance on Prostitution prevention and combat 2003, “prostitution” is defined as follows:
“1. Selling sex means a person having sexual intercourse with another for pay with money or other material benefits.
2. Buying sex means a person paying money or other material benefits to a prostitute for having sexual intercourse with such person.
3. Prostitution means acts of selling and buying sex. “
Hence, “Procuring” imply the act of an intermediary, manager of buying and selling sex, performing the act of soliciting, bargaining, and making profits through introducing parties to buy and sell sex.
2. How does Procurer be punished?
2.1 Administrative sanctions
Pursuant to Article 26 of Decree 144/2021/ND-CP, acts related to prostitution and prostitution that have not yet reached the level of criminal prosecution will be punished herein:
“1. A warning or a fine ranging from 300.000 VND to 500.000 VND shall be imposed for prostitution or engaging in sexual acts.
2. A fine of from VND 5.000.000 to VND 10.000.000 shall be imposed for concealment, protection for prostitution.
3. 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:
4. A fine of from VND 30.000.000 to VND 50.000.000 shall be imposed for any of the following violations:
a) Using force or threatening to use force to protect or maintain prostitution;
b) Contributing money and property to prostitution;
c) Procuring
5. “2. 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. 6. Remedial measure: Forcing the return of illegal profits gained from committing violations specified in Clauses 1, 2, 3, 4 and 5 of this Article.”
2.2 Criminal sanctions
According to Article 328 of the Penal Code 2015, amended and supplemented in 2017, anyone who procuring, depending on the level and scale, can be sentenced to imprisonment as follows:
“1. Any person who encourages or assists the prostitution of others shall face a penalty of 06 – 36 months’ imprisonment.
2. This offence committed in any of the following circumstances carries a penalty of 03 – 07 years’ imprisonment:
a) The offence involves a person aged from 16 to under 18 engaged in prostitution;
b) The offence is committed by an organized group;
c) The offence is committed in a professional manner;
d) The offence has been committed more than once;
dd) The offence involves more than one person;
e) Illegal profits from 100,000,000 VND to under 500,000,000 VND;
g) Dangerous recidivism.
3. This offence committed in any of the following circumstances carries a penalty of 07 – 15 years’ imprisonment:
a) The offence involves a person aged from 13 to under 16 engaged in prostitution;
b) The illegal profit earned is ≥ VND 500,000,000;
4. The offender might also be liable to a fine of from VND 10,000,000 to VND 50,000,000.”
Thus, for the act of procuring that has not reached the level of criminal prosecution, the maximum fine is up to VND 50 million. In the case of procuring with a large level and scale, the penalty may be up to 15 years imprisonment.