Ordinance No. 10/2003/PL-UBTVQH11 stipulates measures for preventing and combating prostitution. It applies to individuals and organizations from Vietnam and foreign countries operating within the territory of Vietnam. It specifies measures including propaganda, education, socio-economic, administrative, and criminal actions to prevent and combat prostitution; responsibilities of agencies, organizations, and individuals in implementing laws on preventing and combating prostitution.
Scope of application
Individuals, agencies, and organizations from Vietnam and foreign countries operating within the territory of Vietnam.
Key points
- Individuals, agencies, and organizations shall implement measures to prevent and combat prostitution; must promptly detect and handle acts of prostitution according to the provisions of the law.
- The State encourages international cooperation in activities to prevent and combat prostitution; implements comprehensive measures including propaganda, education, socio-economic, administrative, and criminal actions to prevent and combat prostitution.
- Agencies, organizations, individuals, and families have the responsibility to participate in preventing and combating prostitution; must develop and organize the implementation of measures to prevent and combat prostitution.
- Violations of the law on preventing and combating prostitution shall be subject to administrative penalties or criminal prosecution depending on the nature and severity of the violation.
- The State allocates funds for work related to preventing and combating prostitution; has policies for using revenue from the handling of violations of the law on preventing and combating prostitution.
🌐 Social impact of this document
- Positively: Helps protect cultural traditions and human dignity, maintain social order and safety; create a healthy living environment for the community.
- Negatively: May cause difficulties in business operations if not adhering to regulations on preventing and combating prostitution.
❓ Frequently asked questions
Who does this ordinance apply to?
This ordinance applies to individuals, agencies, and organizations from Vietnam and foreign countries operating within the territory of Vietnam.
How will violations of the law on preventing and combating prostitution be punished?
Buyers of prostitution services, sellers of prostitution services, persons involved in acts related to prostitution, and organizations conducting business services exploiting prostitution activities or disseminating pornographic products may be subject to administrative penalties or criminal prosecution depending on the nature and severity of the violation.
What does the State encourage in activities to prevent and combat prostitution?
The State encourages international cooperation in preventing and combating prostitution; creates conditions for agencies, organizations, and individuals to participate and cooperate in these activities.
What are the socio-economic measures to prevent and combat prostitution?
Measures include vocational training, job creation for income generation, poverty reduction; organizing medical treatment, education, vocational training, and job creation to help prostitutes integrate into society.
Which agency is responsible for the work of preventing and combating prostitution?
The Government uniformly manages state administration over this work; the Ministry of Labor, Invalids, and Social Affairs leads together with other ministries, ministerial-level agencies, and government agencies. People's Committees at all levels are responsible for managing state administration over the work of preventing and combating prostitution in their respective localities.
Full text
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STANDING COMMITTEE |
SOCIALIST REPUBLIC OF VIETNAM |
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Number: 10/2003/PL- |
Hanoi, March 17, 2003 |
ORDINANCE
Prevention and Suppression of Prostitution
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To contribute to protecting the fine cultural traditions of the nation, the dignity and human worth of individuals, family happiness, maintaining social order and safety, safeguarding public health, and building and developing Vietnamese people;
Pursuant to the Constitution of the Socialist Republic of Vietnam in 1992, amended and supplemented by Resolution No. 51/2001/QH10 dated December 25, 2001 of the National Assembly, tenth session;
Pursuant to Resolution No. 12/2002/QH11 dated December 16, 2002 of the National Assembly, Session 2, of the Eleventh Term (2002-2007) on the Program for Legislative Work of the National Assembly during the Eleventh Term (2002-2007) and for the year 2003;
This Ordinance stipulates measures for the prevention and suppression of prostitution;
Chapter 1:
GENERAL PROVISIONS
Article 1. Scope of application
This Ordinance stipulates measures for the prevention and suppression of prostitution; responsibilities of agencies, organizations, individuals, and families in preventing and suppressing prostitution.
Article 2. Applicability
This Ordinance shall apply to:
1. Individuals and agencies, organizations of Vietnam;
2. Foreign individuals and organizations operating within the territory of the Socialist Republic of Vietnam; in cases where international treaties to which the Socialist Republic of Vietnam is a party provide otherwise, such treaties shall be applied.
Article 3. Definitions
In this Ordinance, the following terms shall be understood as follows:
1. Solicitation is the act of engaging in sexual intercourse with another person in exchange for payment or other material benefits.
2. Patronage is the act of paying money or other material benefits to a prostitute in exchange for sexual intercourse.
3. Prostitution is the act of solicitation or patronage.
4. Sheltering prostitution is the act of using, renting, lending, or borrowing premises or means to facilitate patronage or solicitation.
5. Organizing prostitution activities is the act of arranging or scheduling patronage or solicitation.
6. Forced solicitation is the act of using violence, threatening to use violence, or employing other coercive methods to compel others to engage in solicitation.
7. Brokering prostitution is the act of enticing or guiding intermediaries to facilitate patronage or solicitation.
8. Protecting prostitution is the act of exploiting positions, powers, reputations, or using violence, threatening to use violence to protect or maintain prostitution activities.
Article 4. Prohibited acts
Strictly prohibit the following acts:
1. Patronage;
2. Solicitation;
3. Sheltering prostitution;
4. Organizing prostitution activities;
5. Forced solicitation;
6. Brokering prostitution;
7. Protecting prostitution;
8. Exploiting business services for prostitution activities;
9. Other acts related to prostitution activities as prescribed by law.
Article 5. Implementation of laws on the prevention and suppression of prostitution
Agencies, organizations, individuals, and families have the responsibility to implement the provisions of the laws on the prevention and suppression of prostitution.
All acts of prostitution and those related to prostitution activities must be detected and dealt with promptly and strictly in accordance with the law.
Article 6. Encouragement and facilitation in the prevention and suppression of prostitution
The State encourages and facilitates agencies, organizations, and individuals within the country and foreign organizations and individuals to participate and cooperate in the prevention and suppression of prostitution.
Article 7. Measures for the prevention and suppression of prostitution
The State implements comprehensive measures including propaganda, education, socio-economic, administrative, criminal, and other measures to prevent and suppress prostitution; closely combining measures to prevent and suppress prostitution with measures to prevent and suppress drug abuse and the spread of HIV/AIDS.
Article 8. Responsibilities of individuals, families, agencies, and organizations in the prevention and suppression of prostitution
1. Every individual and family has the responsibility to participate in the prevention and suppression of prostitution.
2. Agencies, organizations, and persons authorized within their scope of duties and powers have the responsibility to develop and implement measures to prevent and suppress prostitution; encourage and motivate the detection, reporting, and struggle against the vice of prostitution and deal with violations of the law on the prevention and suppression of prostitution promptly and strictly.
Article 9. Responsibilities of the Vietnam Fatherland Front and its member organizations in the prevention and suppression of prostitutionThe Vietnam Fatherland Front and its member organizations within their scope of duties and powers have the responsibility:
1. To closely coordinate with state agencies to promote, mobilize, educate, and disseminate laws on the prevention and suppression of prostitution;
2. To educate members of their organizations to comply with laws on the prevention and suppression of prostitution;
3. To participate in supervising the implementation of laws on the prevention and suppression of prostitution;
4. To participate in educating, training skills, and creating employment opportunities to help prostitutes integrate into society.
MEASURES AND RESPONSIBILITIES OF AGENCIES, ORGANIZATIONS, INDIVIDUALS, AND FAMILIES IN THE PREVENTION AND SUPPRESSION OF PROSTITUTION
Chapter 2:
Propaganda and Education on the Prevention and Suppression of Prostitution
Article 10. Propaganda and education on the prevention and suppression of prostitution is an important measure for all agencies, organizations, individuals, and families to comply with and actively participate in anti-prostitution activities.
The content of propaganda and education on the prevention and suppression of prostitution includes: promoting cultural traditions, moral values, healthy lifestyles; the harms of the vice of prostitution; policies, measures, models, experiences, and legal provisions on the prevention and suppression of prostitution.
Propaganda and education on the prevention and suppression of prostitution should be combined with propaganda and education on the prevention and suppression of drug abuse and the spread of HIV/AIDS.
Responsibilities of information and propaganda agencies in the prevention and suppression of prostitution
Article 11. Information and propaganda agencies have the responsibility to build appropriate content and forms of propaganda and coordinate with agencies, organizations, and units of the People's Armed Forces to raise awareness among cadres, civil servants, members of the People's Armed Forces, and all citizens about the prevention and suppression of prostitution.
Responsibilities of schools and other educational institutions in propaganda and education on the prevention and suppression of prostitution
Article 12. Schools and other educational institutions have the responsibility:
1. To propagate and educate on the prevention and suppression of prostitution. The content of propaganda and education must be suitable for different types of schools, levels, ages, genders of students, and the customs and traditions of ethnic groups;
2. To coordinate with families, agencies, organizations, and local People's Committees to strictly manage students; organize healthy recreational activities to prevent and stop violations of the law on the prevention and suppression of prostitution; encourage and motivate students to actively participate in propaganda and education activities on the prevention and suppression of prostitution.
2. Coordinate with families, agencies, organizations, and local People's Committees to strictly manage students, trainees, and learners; organize healthy recreational activities to prevent and curb violations of laws on preventing and combating prostitution; encourage and motivate students, trainees, and learners to actively participate in promotional and educational activities on preventing and combating prostitution.
Article 13. Family Responsibilities in Preventing and Combating Prostitution
The family has the responsibility to educate its members on healthy lifestyles, promote good traditions, and build a cultural family; cooperate with agencies, organizations, and local People's Committees in educating and managing family members who violate laws on preventing and combating prostitution, thereby creating conditions for them to integrate into society.
Article 14. Economic and Social Measures in Preventing and Combating Prostitution
1. Vocational training and job creation to ensure income, eradicate poverty, and reduce hunger are important economic and social measures aimed at preventing the emergence and development of prostitution-related vices.
2. Organize medical treatment, education, vocational training, and job creation to help prostitutes integrate into society.
3. State agencies within their respective duties and powers have the responsibility to coordinate with the Vietnam Women's Union, the Vietnam Youth Federation, the Vietnam Farmers' Association, and related organizations to implement the measures stipulated in Clause 1 and Clause 2 of this Article, with particular attention given to the poor and those without jobs.
4. The State shall adopt policies and measures to encourage and support organizations and individuals in organizing medical treatment, education, vocational training, and job creation to help prostitutes integrate into society.
Article 15. Responsibilities of Business Service Establishments
1. Hotels, guesthouses, restaurants, business establishments operating nightclubs, karaoke bars, massage parlors, saunas, and other service establishments that can be easily exploited for prostitution activities have the responsibility to:
a) Enter into written labor contracts with employees; register employees with the local labor management agency;
b) Not employ workers under 18 years old in jobs that adversely affect their physical and mental development and personality;
c) Conduct regular health examinations for employees in accordance with the provisions of the law;
d) Commit to complying with the law on preventing and combating prostitution and bear legal responsibility for prostitution-related offenses occurring at their establishment.
2. Nightclub, karaoke bar, massage parlor, sauna, and other service establishments that can be easily exploited for prostitution activities may only operate when they meet the standards and conditions prescribed by the Government.
3. Employees working at establishments specified in Clause 1 of this Article must comply with regulations on household registration and sign a commitment not to violate laws on preventing and combating prostitution.
Article 16. Management of Press, Publishing, Cultural Services, and Information in Preventing and Combating Prostitution
Agencies, organizations, and individuals are not allowed to produce, circulate, transport, store, buy, sell, export, import, or disseminate images, items, products, and information containing obscene, pornographic, or sexually stimulating content.
Article 17. Management of Production, Circulation, and Use of Sexual Stimulants
Agencies, organizations, and individuals producing, circulating, transporting, storing, buying, selling, exporting, importing, and using sexual stimulants must comply with the provisions of the law.
Article 18. Inspection and Audit Responsibilities
1. State agencies with authority have the responsibility to inspect and audit agencies, organizations, and individuals in implementing the provisions of Articles 15, 16, and 17 of this Ordinance.
2. Agencies, organizations, and individuals have the responsibility to cooperate and create conditions for state agencies with authority to conduct inspections and audits on preventing and combating prostitution.
3. Agencies, organizations, and individuals subject to inspection and audit must strictly comply with decisions made by state agencies with authority.
Article 19. Responsibilities of Commune, Ward, and Town People's Committees in Preventing and Combating Prostitution
Commune, Ward, and Town People's Committees have the responsibility to:
1. Implement prevention and combat of prostitution at the local level; establish files, statistics, and categorize subjects and service business establishments to develop preventive measures against prostitution;
2. Implement management and education at the commune, ward, and town levels for prostitutes and those involved in prostitution-related activities in accordance with the law on administrative violations.
Article 20. Responsibilities of Medical Facilities for Prostitutes
Medical facilities established according to the Administrative Violations Handling Ordinance have the responsibility to:
1. Organize moral and lifestyle education; organize vocational training, production work, and career guidance; provide medical care, restore health, and respect the dignity, personality, life, and property of prostitutes admitted to the facility;
2. Coordinate with relevant agencies and organizations in implementing the provisions of Clause 1 of this Article.
Article 21. Discovery, Reporting, and Struggle in Preventing and Combating Prostitution
1. Agencies, organizations, and individuals, upon discovering acts stipulated in Article 4 of this Ordinance, must promptly report or report to competent state agencies.
Competent state agencies, upon receiving reports, must promptly examine and handle the situation and inform the reporting agency, organization, or individual of the handling results if requested.
2. Individuals who discover, report, and struggle against prostitution are protected and kept confidential; if they suffer property damage, they are compensated; if they suffer bodily injury, health impairment, or loss of life, they are entitled to benefits and policies as prescribed by law.
Chapter 3:
ENFORCEMENT OF VIOLATIONS OF LAWS ON PREVENTING AND COMBATING PROSTITUTION
Article 22. Handling of Clients of Prostitutes
1. Clients of prostitutes, depending on the nature and degree of violation, may be administratively punished by warning or fines.
2. Clients who purchase sex from minors or knowingly transmit HIV to others shall be criminally prosecuted.
Article 23. Handling of Prostitutes
1. Depending on the nature and degree of violation, prostitutes may be administratively punished, subjected to community-based education, or placed in a medical facility. Foreign prostitutes may be warned, fined, or deported based on the nature and degree of violation.
2. Prostitutes who knowingly transmit HIV to others shall be criminally prosecuted.
Article 24. Handling of Individuals Involved in Prostitution Activities
1. Those who protect or finance prostitution activities, depending on the nature and degree of violation, may be administratively punished or criminally prosecuted.
2. A person who mediates prostitution, harbors prostitution, forces prostitution, organizes prostitution, buys and sells women and children for the purpose of prostitution shall be held criminally responsible.
Article 25. Handling of organizations and individuals taking advantage of business services to engage in prostitution activities
1. A service business establishment that takes advantage of its business operations to engage in prostitution activities shall be fined and, depending on the nature and severity of the violation, may have the objects and means directly related to the prostitution activities confiscated, and the right to use licenses and practice certificates revoked.
2. The head of a service business establishment who fails to fulfill their duty of care resulting in prostitution activities occurring under their management shall be subject to administrative punishment; if serious consequences result, they shall be held criminally responsible.
Article 26. Handling of organizations and individuals disseminating, storing, circulating products with pornographic content and form
1. Organizations, institutions, and individuals operating in the cultural sector, cultural services, postal services, telecommunications that disseminate, store, circulate images, items, products, information with lewd, pornographic, and sexually stimulating content shall be fined and, depending on the nature and severity of the violation, may have the right to use licenses and practice certificates revoked or not allowed to conduct activities listed in such licenses and certificates.
2. An individual who violates the provisions of Clause 1 of this Article shall be subject to administrative punishment or criminal responsibility, depending on the nature and severity of the violation.
Article 27. Handling of civil servants, public officials, and members of the people's armed forces who violate laws on preventing and combating prostitution
1. An individual who violates the provisions of Articles 22, 23, 24, 25, and 26 of this Ordinance and is a civil servant, public official, or member of the people's armed forces, in addition to being handled according to the provisions of these articles, shall also be reported to the head of the agency, organization, or unit authorized to manage them for education and disciplinary action.
2. Civil servants, public officials, or members of the people's armed forces who violate laws on preventing and combating prostitution shall, during the period of disciplinary action, not be nominated or elected to representative bodies, political organizations, or social-political organizations; shall not be appointed or reappointed to positions equivalent to or higher than those in state agencies or in the people's armed forces.
Article 28. Handling of individuals who violate the law when performing tasks to prevent and combat prostitution
An individual directly tasked with preventing and combating prostitution who engages in protecting prostitution, tolerating, covering up, or failing to promptly address prostitution activities within their jurisdiction shall be subject to disciplinary action, reassigned to other duties, or held criminally responsible, depending on the nature and severity of the violation; if damage occurs, the agency where the individual works must bear compensation responsibility, and the individual causing the damage must compensate according to the law.
Article 29. Handling of individuals who cover up or fail to promptly impose disciplinary action on individuals violating laws on preventing and combating prostitution
1. An individual with authority who covers up or fails to promptly impose disciplinary action on individuals under their management who engage in prostitution or are involved in prostitution activities shall be subject to disciplinary action.
2. An individual with authority who covers up for individuals under their management who have violated the provisions of Article 28 of this Ordinance shall be subject to disciplinary action or criminal responsibility, depending on the nature and severity of the violation.
Chapter 4:
STATE MANAGEMENT OF PREVENTION AND COMBATING PROSTITUTION
Article 30. Contents of state management of prevention and combating prostitution
Issuing and implementing policies, laws, and plans for preventing and combating prostitution.
Organizing and managing personnel engaged in prevention and combating prostitution, including training and capacity building.
Organizing and managing facilities for treating, teaching skills, and providing employment for prostitutes.
Statistics on prevention and combating prostitution; mobilizing, managing, and utilizing resources for prevention and combating prostitution; researching and applying science to serve prevention and combating prostitution.
Organizing efforts to prevent and combat crimes and other violations of law related to prostitution.
Propaganda, education, and dissemination of laws on preventing and combating prostitution.
International cooperation in preventing and combating prostitution.
Inspection, supervision, handling complaints and denunciations, and dealing with violations of laws on preventing and combating prostitution.
Article 31. State management agencies for prevention and combating prostitution
1. The Government exercises unified state management over prevention and combating prostitution.
2. The Ministry of Labor, Invalids and Social Affairs, in collaboration with the Ministry of Public Security, coordinates with ministries, ministerial-level agencies, and government-affiliated agencies to assist the Government in exercising unified state management over prevention and combating prostitution.
3. Ministries, ministerial-level agencies, and government-affiliated agencies within their respective functions and powers are responsible for organizing implementation and coordinating with relevant agencies in prevention and combating prostitution.
4. People's Committees at all levels within their respective functions and powers are responsible for managing state affairs regarding prevention and combating prostitution in their localities.
Article 32. Responsibilities of the Ministry of Labor - War Invalids and Social Affairs
The Ministry of Labor, Invalids and Social Affairs, in coordination with related agencies and organizations, develops and implements policies and plans for preventing and combating prostitution; conducts statistics, inspections, and supervisions, and handles complaints and denunciations regarding prevention and combating prostitution; implements international cooperation in preventing and combating prostitution as assigned by the Government.
Article 33. 2. Direct subordinate units of the Ministry of Public Security to coordinate with the Central Post and Telecommunications Administration and the enterprise designated to maintain and manage the public postal network in reviewing the political standards of workers participating directly in the provision of KT1 postal services when required.
The Ministry of Public Security is responsible for organizing efforts to prevent and combat crimes involving prostitution, trafficking in women and children for prostitution purposes, and other violations of law related to prostitution; directing the filing of records and placing prostitutes in treatment facilities, and supporting such facilities in maintaining order and security; coordinating with the Ministry of Labor, Invalids and Social Affairs, and related ministries and sectors in directing, guiding, and implementing management, education, and supervision of prostitutes and individuals involved in prostitution activities in the community, inspecting, supervising, and handling violations by service establishments related to prevention and combating prostitution.
Article 34. Responsibilities of the Ministry of Culture - Information, Ministry of Health, Ministry of Trade, Ministry of Education and Training, General Department of Tourism
1. The Ministry of Culture - Information, Ministry of Health, Ministry of Trade, General Department of Tourism within their respective duties and authorities shall be responsible for directing, guiding, organizing activities to prevent and combat prostitution in their respective fields; managing business service establishments; coordinating with the Ministry of Labor - Invalids and Social Affairs and relevant ministries and agencies to inspect, audit, and handle business service establishments under their management that violate laws on preventing and combating prostitution.
2. The Ministry of Education and Training shall be responsible for coordinating with the Ministry of Labor - Invalids and Social Affairs in directing and developing educational programs and contents on preventing and combating prostitution in schools and other educational institutions.
Article 35. Responsibilities of People's Committees at all levels and Chairpersons of People's Committees at all levels
1. People's Committees at all levels shall develop annual plans to prevent and combat prostitution, submit them to the People's Councils at the same level for decision; allocate funds and mobilize resources for anti-prostitution efforts; direct and organize the implementation of such efforts; report the results of these activities to the People's Councils at the same level and higher-level People's Committees.
2. Each year, the People's Committees of provinces and centrally-administered cities shall report to the Government on anti-prostitution work in their localities.
3. Chairpersons of People's Committees at all levels shall be responsible for anti-prostitution work in the areas they manage.
Article 36. Inspection and Audit on Preventing and Combating Prostitution
Ministries, ministerial-level agencies, government agencies, and People's Committees at all levels within their respective duties and authorities shall be responsible for organizing inspections, audits, identifying, and handling violations of laws on preventing and combating prostitution. In necessary cases, People's Committees at all levels may establish inter-sectoral inspection teams to inspect and handle violations of laws on preventing and combating prostitution in their localities.
Article 37. Funding for Preventing and Combating Prostitution
The State shall allocate funds, implement policies using revenues from the handling of violations of laws on preventing and combating prostitution, and mobilize other resources for anti-prostitution efforts.
Chapter 5:
RECOGNITION AND COMPLAINTS, REPORTS
Article 38. Awards
Organizations, entities, and individuals who achieve outstanding results in anti-prostitution work shall be recognized according to the provisions of the law.
Article 39. Complaints, Reports, and Responsibility for Handling Complaints and Reports
1. Organizations, entities, and individuals have the right to complain about decisions made by competent authorities in anti-prostitution work if they believe such decisions are contrary to the law and infringe upon their legitimate rights and interests.
2. Citizens have the right to report violations of laws on preventing and combating prostitution.
3. Organizations, entities, and competent authorities shall be responsible for handling complaints and reports according to the provisions of the law.
Chapter 6:
IMPLEMENTING PROVISIONS
Article 40. Effectiveness
This Ordinance shall take effect from July 1, 2003.
Previous regulations inconsistent with this Ordinance are hereby abolished.
Article 41. Detailed regulations and guidance on implementing
The Government shall provide detailed regulations and guidance for the implementation of this Ordinance.
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TM. STANDING COMMITTEE OF THE NATIONAL ASSEMBLY CHAIRMAN
(Signed)
Nguyen Van An
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