Translated with Google from the Vietnamese Law Library
On behalf of the National AssemblyStanding Committee
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
********
In order to contribute to
the protection of the fine cultural tradition of the nation, the
honor and dignity of the people, the well-being of the family,
maintaining social order and safety, protecting the people's
health, building and developing Vietnamese people
development;
Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001 / QH10 of December 25, 2001 of the Xth National Assembly, 10th session;
Pursuant to Resolution No. 12/2002 / QH11 of December 16, 2002 of the XIth National Assembly, the 2nd session, on the legislative and ordinance making program of the XIth National Assembly (2002-2007) and year 2003;
This Ordinance prescribes the prevention and combat of prostitution.
Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001 / QH10 of December 25, 2001 of the Xth National Assembly, 10th session;
Pursuant to Resolution No. 12/2002 / QH11 of December 16, 2002 of the XIth National Assembly, the 2nd session, on the legislative and ordinance making program of the XIth National Assembly (2002-2007) and year 2003;
This Ordinance prescribes the prevention and combat of prostitution.
This Ordinance prescribes
measures to prevent and combat prostitution; responsibilities of
agencies, organizations, individuals and families in prostitution
prevention and combat.
This Ordinance applies
to:
1. Vietnamese
individuals, agencies and organizations;
In this Ordinance, the
terms below are construed as follows:
1. Prostitution is an act
of sexual intercourse with one person with another for payment or
other material benefits.
2. Prostitution is the
act of money users or other material benefits paid to sex workers
for sexual intercourse.
3. Prostitution is an act
of buying sex or selling sex.
5. Organizing
prostitution is an act of arranging and arranging to buy and sell
sex.
6. Forced prostitution is
an act of using force, threatening to use force or using tricks to
force others to perform prostitution.
7. Prostitution is the
act of seducing or leading intermediaries to buy or sell sex.
8. Prostitution
prostitution is an act of abusing positions, powers, prestige or
using force, threatening to use force to protect and maintain
prostitution activities.
The following acts are
strictly prohibited:
1. Buying sex;
2. Prostitution;
3. Containing
prostitution;
4. Organizing
prostitution activities;
5. Forced prostitution;
6. Brokerage of
prostitution;
7. Prostitution of
prostitutes;
8. Abusing business
services to engage in prostitution;
Agencies, organizations,
individuals and families have the responsibility to implement the
law provisions on the prevention and combat of prostitution.
All acts of prostitution
related to prostitution must be detected and handled in a timely
and strict manner according to the provisions of law.
The State encourages and
creates conditions for domestic agencies, organizations and
individuals and foreign organizations and individuals to
participate and cooperate in prostitution prevention and combat
activities.
The State synchronously
implements propaganda, education, socio-economic, administrative
and criminal measures and other measures to prevent and combat
prostitution; Incorporating measures to prevent and combat
prostitution, drug and HIV prevention and control.
2. Agencies,
organizations and competent persons shall, within the scope of
their tasks and powers, formulate and organize the implementation
of measures to prevent and combat prostitution; encourage and
encourage the detection, denunciation and fight against
prostitution and promptly and strictly handle violations of the
legislation on prostitution prevention and combat.
The Vietnam Fatherland
Front and its member organizations, within the scope of their
tasks and powers, have the responsibilities:
1. To closely coordinate
with the competent State agencies in propagating, campaigning,
educating and disseminating legislation on prostitution prevention
and combat;
2. Educating members of
their organizations to implement the legislation on prostitution
prevention and combat;
3. Participate in
supervising the implementation of the law on prostitution
prevention and combat;
4. Participating in
education, vocational training and job creation to help
prostitutes integrate into the community.
Propagandizing, educating
and preventing prostitution are important measures for all
agencies, organizations, individuals and families to abide by and
actively participate in prostitution prevention and control
activities.
Contents of propaganda,
education and prevention of prostitution include: propaganda and
education of cultural traditions, ethics, healthy lifestyles; harm
of prostitution; undertakings, policies, measures, models,
experiences and provisions of laws on the prevention and combat of
prostitution.
The propaganda and
education on prostitution prevention and control must be combined
with propaganda, education on drug prevention and fight and the
prevention and fight against HIV / AIDS transmission.
Information and
propaganda agencies shall formulate appropriate contents and forms
of propagation and coordinate with agencies, organizations and
people's armed forces units in propagating and raising awareness
for officials and public employees. officials and people of the
people's armed forces and all citizens on prostitution prevention
and combat.
Schools and other educational
institutions have the responsibility to:
The family is responsible
for educating members of the family about healthy lifestyles,
promoting good traditions, building cultural families; coordinate
with local agencies, organizations and People's Committees in
educating and managing family members who have committed
violations against the law on prostitution prevention and combat,
creating conditions for them to integrate into the community.
1. Vocational training,
job creation for income generation, hunger elimination and poverty
alleviation are important socio-economic measures to prevent the
emergence and development of prostitution.
2. Organizing medical
treatment, education, job-training and job creation to help
prostitutes integrate into the community.
3. State agencies shall,
within the scope of their tasks and powers, coordinate with the
Vietnam Women's Union, the Vietnam Youth Union, the Vietnam
Farmers' Association and organizations and delegations. It is also
relevant to the measures specified in Clauses 1 and 2 of this
Article, focusing on the poor and the unemployed.
4. The State shall adopt
policies and measures to encourage and support organizations and
individuals that organize medical treatment, education, vocational
training and job creation to help prostitutes integrate into the
community.
1. Hotels, motels,
restaurants, discotheques, karaoke shops, massage parlors, saunas
and : service-trading establishments
that are easily exploited for prostitution shall
a) Sign a written labor
contract with the employee; labor registration with local labor
management agencies;
b) Do not employ
employees under the age of 18 to do jobs that adversely affect
their physical, mental and personality development;
c) Perform periodic
health examinations for employees according to the provisions of
law;
d) Commit to abide by the
law on prostitution prevention and control and take responsibility
before law for the prostitution evasion occurring at the
establishment.
2. Disco, karaoke,
massage, sauna and service-trading
establishments that are easily exploited for prostitution
may only
operate when they fully meet the criteria and conditions
prescribed by the Government. covered.
3. Laborers working at
establishments specified in Clause 1 of this Article must abide by
the regulations on household registration management and sign
commitments not to violate the legislation on prostitution
prevention and combat.
Agencies, organizations
and individuals must not produce, circulate, transport, store,
trade, export, import or disseminate images, articles, products
and information with content and images. Wake depraved,
obscene, sexually arousing.
Agencies, organizations
and individuals that manufacture, circulate, transport, store,
trade, export, import and use aphrodisiac drugs must comply with
the provisions of law.
1. Competent state
agencies shall examine and inspect agencies, organizations and
individuals in the implementation of the provisions of Articles
15, 16 and 17 of this Ordinance.
2. Agencies,
organizations and individuals shall have to coordinate and create
conditions for competent state agencies to conduct examination and
inspection of prostitution prevention and combat.
3. Agencies,
organizations and individuals that are subject to examination and
inspection must strictly abide by decisions of competent state
agencies.
People's Committees of
communes, wards and townships shall:
1. Organizing the
implementation of anti-prostitution in the locality; to compile
dossiers, statistics and classify subjects and service-providing
establishments for taking measures to prevent prostitution;
2. To organize the
management and education in communes, wards and townships for sex
workers and those who commit acts related to prostitution in
accordance with the law on handling of administrative violations.
Treatment establishments
established under the Ordinance on Handling of Administrative
Violations shall:
1. Organizing learning,
ethical education and lifestyle; organize vocational training,
production labor and vocational orientation; treat and restore
health and respect the honor, dignity, life and property of sex
workers brought to medical treatment establishments;
2. Coordinating with
relevant agencies and organizations in implementing the provisions
of Clause 1 of this Article.
1. Agencies,
organizations and individuals that, when detecting acts prescribed
in Article 4 of this Ordinance, must promptly notify or denounce
them to competent state agencies.
Competent state agencies,
upon receiving information and denunciations, must promptly
consider, handle and notify the handling results to such agencies,
organizations and individuals when so requested.
1. People who buy sex,
depending on the nature and seriousness of their violations, shall
be administratively sanctioned in the form of warning or fine.
2. Those who buy sex
workers who are minors or know that they are infected with HIV and
intentionally spread the disease to others shall be examined for
penal liability.
1. Sex workers, depending
on the nature and seriousness of their violations, shall be
administratively sanctioned, subject to the measure of education
in communes, wards or townships or taken to medical
establishments. Prostitutes who are foreigners shall, depending on
the nature of their seriousness, be administratively sanctioned in
the form of warning, fine, and deportation.
2. Sex workers who know
that they are infected with HIV and intentionally spread the
disease to others shall be examined for penal liability.
2. Those who act as sex
workers, contain prostitutes, force prostitution, organize
prostitution, trade in women or children in service of
prostitution shall be examined for penal liability.
1. Service business
establishments that take advantage of business activities to
provide prostitution shall be fined and depending on the nature
and seriousness of their violations, their material evidences and
means directly related to their confiscation will be confiscated.
prostitution, deprivation of the right to use licenses, practice
certificates.
1. Agencies,
organizations and individuals engaged in cultural, cultural, post
and telecommunications services that conduct acts of popularizing,
storing and circulating images, articles, products and information
having contents and forms of debauchery,
pornography, or sexual arousal, shall
be fined and, depending on the nature and seriousness of their
violations, be deprived of the right to use licenses, professional
practice certificates or not to conduct activities Write in the
license, practice certificate.
2. Those who commit acts
of violation specified in Clause 1 of this Article shall,
depending on the nature and severity of their violations, be
administratively sanctioned or examined for penal liability.
manage that person to
educate and discipline.
2. Cadres, civil servants
or people of the people's armed forces who violate the legislation
on prostitution prevention and combat shall not be entitled to
nominate or stand for candidates in the elected bodies and groups
during the time of being disciplined. political organizations,
socio-political organizations; Not to be appointed or reappointed
or appointed to the equivalent or higher positions in the state
agencies or the people's armed forces.
Those who are tasked to
directly fight against prostitution have acts of prostitution
protection, tolerance, cover or not promptly handle for
prostitution activities to occur in the area under their
management, depending on the calculation. substance and severity
of violations, being disciplined, transferred to other jobs or
examined for penal liability; In case of causing damage, the
agency where he / she works must be responsible for compensation
and the person who caused the damage shall have to pay
compensation as prescribed by law.
1. Persons holding
positions and powers who commit acts of covering up or failing to
promptly discipline persons under their management who commit acts
of prostitution, related to prostitution, shall be disciplined.
2. Persons who have
positions and powers that commit acts of covering up people under
their management who have committed acts of violation specified in
Article 28 of this Ordinance shall, depending on the nature and
seriousness of their violations, be handled. disciplinary action
or criminal prosecution.
Promulgating and
organizing the implementation of guidelines, policies, laws and
plans on prostitution prevention and combat.
To organize the apparatus
of management, training, fostering and capacity building of
officials engaged in prostitution prevention and fight.
Organizing and managing
medical treatment, vocational training and job creation
establishments for sex workers.
Statistics on
prostitution prevention and combat; mobilizing, managing and using
resources for prostitution prevention and control; research and
apply science to prevent and combat prostitution.
Organizing the fight
against crime and other law violations related to prostitution.
Propagating, educating
and disseminating laws on prostitution prevention and combat.
International cooperation
on prostitution prevention and control.
Examining, inspecting and
settling complaints and denunciations and handling violations of
the legislation on prostitution prevention and combat.
1. The Government
exercises unified State management over the prevention and combat
of prostitution.
4. People's Committees at
all levels shall, within the scope of their tasks and powers,
perform the state management of prostitution prevention and
control in their localities.
The Ministry of Labor,
War Invalids and Social Affairs shall coordinate with the
concerned agencies and organizations in elaborating and organizing
the implementation of policies and plans on the prevention and
combat of prostitution; statistics, examination, inspection and
settlement of complaints and denunciations about prostitution
prevention and combat; implementing international cooperation on
prostitution prevention and combat as assigned by the Government.
The Ministry of Public
Security is responsible for organizing the fight against and
combating prostitution, trafficking in women and children in
service of prostitution and the violations of laws related to
prostitution; directing to compile dossiers, sending sex workers
to medical establishments and assisting medical establishments in
maintaining order and security; coordinate with the Ministry of
Labor, War Invalids and Social Affairs and concerned ministries
and branches in directing, guiding and organizing the management
and education of sex workers and people committing
prostitution-related acts. in the community, inspect, inspect and
handle service businesses that violate the law on prostitution
prevention and control.
1. The People's
Committees at all levels shall draw up annual anti-prostitution
plans and submit them to the People's Councils of the same level
for decision; allocating funds and mobilizing resources for
prostitution prevention and combat; direct and organize the work
of prostitution prevention and fight; report the results of this
work to the People's Council of the same level and the immediate
superior People's Committee.
2. Annually, the People's
Committees of the provinces and cities directly under the Central
Government report to the Government on the prevention and combat
of prostitution in their localities.
3. Presidents of People's
Committees at all levels are responsible for the prevention and
combat of prostitution in their respective localities.
Ministries,
ministerial-level agencies, government-attached agencies and
People's Committees at all levels, within the scope of their tasks
and powers, are responsible for organizing the examination,
inspection, detection and handling of violations. violating the
legislation on prostitution prevention and combat. In case of
necessity, People's Committees at all levels shall set up
interdisciplinary inspections to inspect and handle violations of
the legislation on prostitution prevention and combat in their
localities.
The State shall allocate
funds and adopt policies to use revenues from the handling of
violations of the law on prostitution prevention and combat and
mobilize other resources for prostitution prevention and control.
Agencies, organizations
and individuals that record achievements in the prevention and
combat of prostitution shall be commended and / or rewarded
according to law provisions.
Article
39. Complaints and denunciations and responsibilities to settle
complaints and denunciations
1. Agencies,
organizations and individuals may lodge complaints about decisions
on handling of competent persons in prostitution prevention and
combat when there are grounds to believe that such decisions are
illegal and infringe upon their rights and His lawful interests.
2. Citizens have the
right to denounce acts of violating the legislation on
prostitution prevention and combat.
3. Agencies,
organizations and competent persons shall have to settle
complaints and denunciations according to law provisions.
This Ordinance takes effect as from July
1, 2003.
All previous regulations contrary to this
Ordinance are annulled.
The Government shall detail and guide the
implementation of this Ordinance.
| Nguyen
Van An |