Decree No. 178/2004/ND-CP detailing the implementation of certain provisions of the Ordinance on Preventing and Combating Prostitution

DECREE

Implementing detailed provisions of certain articles of

Ordinance on Prevention and Suppression of Prostitution

THE GOVERNMENT 

Pursuant to the Law on the Organization of the Government dated December 25,  2001;

Based on the Ordinance on Prevention and Control of Prostitution dated March 17, 2003; 

Based on the Administrative Violation Handling Ordinance dated July 2, 2002; 

At the proposal of the Minister of Labor, Invalids and Social Affairs,

 

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree provides detailed regulations and guidance for implementation of certain provisions of the Ordinance on Prevention and Suppression of Prostitution adopted by the Standing Committee of the National Assembly, Session XI, on March 17, 2003 (hereinafter referred to as the Ordinance).

Article 2. Application objects as stipulated in Clause 2, Article 2 of the Ordinance

Foreign organizations and individuals as provided for in Clause 2, Article 2 of the Ordinance include: agencies and organizations with offices or representative offices located within the territory of Vietnam; foreigners and stateless persons residing permanently or temporarily within the territory of Vietnam. Agencies, organizations, and foreign individuals within the territory of Vietnam who commit violations of laws on prevention and suppression of prostitution shall be subject to handling according to the provisions of Vietnamese laws on prevention and suppression of prostitution and other relevant laws. In cases where international treaties to which the Socialist Republic of Vietnam is a party have different provisions, such provisions shall apply.

Article 3. Detailed contents of some terms

1. "Leasing or lending premises or means for prostitution activities" as stipulated in Clause 4, Article 3 of the Ordinance refers to the act of organizations or individuals having management rights, possession, use, or disposal of assets that lease or lend for prostitution activities.

2. "Other acts related to prostitution activities" as stipulated in Clause 9, Article 4 of the Ordinance are acts of aiding, concealing, tolerating, creating conditions, or encouraging prostitution activities.

3. "Business establishments providing services easily exploited for prostitution activities" as stipulated in Clause 1 and 2, Article 15 of the Ordinance are business establishments providing accommodation services, cultural services, or other services using laborers such as dancers, waitresses, service staff (hereinafter collectively referred to as workers) to meet the needs of rest, dining, entertainment, relaxation, health care, such as hotels, guesthouses, lodges, restaurants, hostels, tourist villas, tourist apartments, rented apartments, nightclubs, karaoke bars, massage parlors, steam baths, hot baths, air-conditioned hairdressing salons, coffee shops with dim lighting...

4. "Lewdness" as stipulated in Article 16 and Clause 1, Article 26 of the Ordinance is the manifestation through actions, images, sounds of a low, vile, evil lifestyle, morally corrupt to the point of being extremely degenerate, contrary to national customs and traditions.

5. "Obscenity" as stipulated in Article 16 and Clause 1, Article 26 of the Ordinance is the act of using gestures, actions, images, sounds to arouse sexual desire.

Chapter II

MEASURES AND RESPONSIBILITIES OF AUTHORITIES, ORGANIZATIONS, HOUSEHOLDS, AND INDIVIDUALS IN PREVENTION AND SUPPRESSION OF PROSTITUTION

Article 4. Propaganda and education on prevention and suppression of prostitution combined with prevention and suppression of drug abuse and HIV/AIDS infection as stipulated in Article 10 of the Ordinance

The contents of propaganda and education on prevention and suppression of prostitution combined with prevention and suppression of drug abuse and HIV/AIDS infection include:

1. The multifaceted harms of the vice of prostitution and drug abuse;

2. The high risk of HIV/AIDS infection for prostitutes and drug abusers;

3. Laws on prevention and suppression of prostitution, drug abuse, and HIV/AIDS;

4. Measures for prevention and suppression of prostitution, drug abuse, and HIV/AIDS;

5. Responsibilities of authorities, organizations, households, and individuals in prevention and suppression of prostitution, drug abuse, and HIV/AIDS.

Article 5. Propaganda and education on preventing and combating prostitution in agencies, organizations, and people's armed forces units as stipulated in Article 11 of the Ordinance

Agencies, organizations, and people's armed forces units within their scope of duties and powers shall be responsible for coordinating with information and propaganda agencies to organize propaganda and education on national cultural traditions, social ethics, healthy lifestyles, the harms of the vice of prostitution, policies, measures, and laws on preventing and combating prostitution, and forms of handling violations of laws on preventing and combating prostitution for civil servants, public officials, state employees, and members of the people's armed forces.

Article 6. Propaganda and education on preventing and combating prostitution in schools as stipulated in Clause 1 of Article 12 of the Ordinance

The content of propaganda and education on preventing and combating prostitution for students and trainees in secondary schools, high schools, universities, colleges, vocational schools, and technical schools includes:

1. The multi-faceted harms of the vice of prostitution to society, to personal honor, human dignity, and health; its impact on gender equality issues and the human development strategy in Vietnam;

2. Measures to prevent and combat the vice of prostitution;

3. Policies and laws on preventing and combating prostitution;

4. Forms of handling violations of laws on prostitution;

5. Citizens' responsibilities in preventing and combating the vice of prostitution. Based on the above content, schools shall develop specific contents for propaganda and education on preventing and combating prostitution suitable for their types of schools.

Article 7. Content of coordination between schools, families, and local authorities as stipulated in Clause 2 of Article 12 of the Ordinance

The content of coordination between schools, families, and local authorities includes:

1. Regularly contacting and exchanging with the families of students, trainees, and local People's Committees where the school is located regarding work on preventing and combating prostitution;

2. Organizing roundtable discussions among all parties on preventing and combating prostitution, discussing appropriate preventive educational measures and activities based on age, gender, and religion of students, trainees;

3. Organizing community activities in the locality with the participation of students, trainees.

Article 8. Responsibilities of individuals in preventing and combating prostitution as stipulated in Clause 1 of Article 8 of the Ordinance

Every individual has the responsibility to:

1. Strictly comply with legal regulations on preventing and combating prostitution;

2. Actively participate in activities to prevent and combat prostitution;

3. Educate, manage, and prevent family members from engaging in the vice of prostitution;

4. Timely provide information about the vice of prostitution to the police or other competent authorities.

Article 9. Responsibilities of families in preventing and combating prostitution as stipulated in Article 13 of the Ordinance

Each family must have the responsibility to:

a) Propagate and educate family members on preventing and combating prostitution;

b) Build harmonious families with healthy cohabitation;

c) Actively participate in activities to prevent and combat prostitution;

d) Closely coordinate and assist local People's Committees and relevant agencies and organizations in managing and educating persons involved in buying and selling sex in the locality.

2. In addition to the responsibilities specified in Clause 1 of this Article, families with members engaged in selling sex also have the responsibility to:

a) Manage, support, and care for prostitutes educated at commune, ward, town levels under the guidance and supervision of assigned organizations, individuals, and grassroots authorities;

b) Manage, supervise, prevent, and stop prostitutes from reoffending or committing acts that disrupt social order and safety;

c) Encourage and help prostitutes overcome feelings of shame, creating conditions for them to integrate into the community.

Article 10. Specific contents of economic and social measures in preventing and combating prostitution as stipulated in Article 14 of the Ordinance

The specific contents of economic and social measures in preventing and combating prostitution include:

1. Providing employment opportunities, organizing vocational training, career guidance, poverty alleviation, and income generation for poor families and unemployed individuals. Creating conditions to assist impoverished women in obtaining loans, organizing counseling and guiding them to access production and business services, using capital to generate income through programs and projects aimed at preventing the emergence and spread of prostitution;

2. Organizing medical treatment, education, vocational training, and job creation for rehabilitated sex workers; providing financial assistance or loan facilitation, advising, and guiding them on production and business methods to ensure stable income;

3. Implementing preferential policies regarding finance and taxation for facilities providing medical treatment, vocational training, and job creation for sex workers or businesses employing rehabilitated sex workers. The Ministry of Finance shall coordinate with the Ministry of Labor, Invalids, and Social Affairs to guide the implementation of this provision;

4. People's Committees at all levels shall cooperate with the Vietnam Fatherland Front and its affiliated organizations at the same level to direct and organize the implementation of the provisions set forth in Clauses 1, 2, and 3 of this Article within their respective jurisdictions.

Article 11. Responsibilities of business establishments operating services easily exploited for prostitution as stipulated in Article 15 of the Ordinance

Business establishments operating services easily exploited for prostitution shall be responsible for:

1. Strictly adhering to licensing standards and operational conditions as prescribed by law;

2. Registering for business and obtaining a business license as required by law; not using workers under 18 years old for jobs directly interacting with customers that may negatively impact their physical and mental development and character; entering into written labor contracts with workers and managing their activities in accordance with laws on labor contracts. The establishment owner, manager, or director must verify the qualifications and professional certificates of workers before signing labor contracts and bear legal responsibility for workers lacking such certificates;

3. Signing a commitment with the People's Committee of the commune, ward, or town where the establishment operates to prevent prostitution from occurring at their premises; implementing business standards and conditions and strictly complying with laws on preventing and combating prostitution;

4. Managing, inspecting, and guiding workers, registering temporary residence for those required to do so with competent police authorities; presenting identification cards, labor contracts, local government certification confirming residency status, or temporary absence notices for work purposes, and a pledge not to engage in prostitution when requested by authorities or persons with jurisdiction;

5. Organizing quarterly health check-ups for workers and monitoring and supervising their medical treatments;

6. Workers employed in establishments and services easily exploited for prostitution must hold appropriate qualifications and professional certificates for their assigned tasks as prescribed by law; comply with regulations on household registration management, periodic health examinations, and pledges not to violate laws on preventing and combating prostitution.

Article 12. State agencies authorized to inspect and audit as stipulated in Article 18 of the Ordinance

The state agencies authorized to inspect and audit as stipulated in Article 18 of the Ordinance include the inspection agencies of the Labor - War Invalids and Social Affairs sector, Culture - Information sector, Health sector, Commerce sector, Tourism sector, or specialized agencies responsible for preventing and combating prostitution within the Labor - War Invalids and Social Affairs sector and Public Security sector. Depending on actual circumstances, the Chairpersons of People's Committees at all levels may establish inter-departmental inspection teams among the aforementioned agencies to conduct audits and inspections on compliance with laws on preventing and combating prostitution.

Article 13. Compensation and support policies for individuals participating in preventing and combating prostitution who suffer property, health, and life losses as stipulated in Clause 2 of Article 21 of the Ordinance

1. Individuals who discover, report, and combat prostitution, if suffering property losses, shall be compensated for the value of the lost property.

2. Individuals who discover, report, and combat prostitution, if injured or experiencing reduced work capacity, shall be provided medical expense subsidies and loss-of-work-capacity allowances according to the degree of reduced labor capacity but not exceeding 20,000,000 VND in total.

3. Individuals who discover, report, and combat prostitution, if deceased, their families or legal representatives shall receive a one-time monetary allowance including actual expenses but not exceeding 50,000,000 VND. The funds for compensation and support for those suffering property, health, and life losses shall be guaranteed by local budgets. The Ministry of Finance shall coordinate with the Ministry of Labor - War Invalids and Social Affairs to guide the implementation of these provisions.

4. Civil servants when performing tasks to combat prostitution, if injured, shall enjoy similar policies and benefits as war invalids; if martyred, they shall be considered for recognition as martyrs in accordance with the law.

Chapter III

ENFORCEMENT OF VIOLATIONS OF LAWS ON PREVENTING AND COMBATING PROSTITUTION

Article 14. Principles for handling administrative violations in preventing and combating prostitution as stipulated in the Ordinance

1. All acts violating laws on preventing and combating prostitution must be promptly discovered and strictly dealt with in accordance with the law. Organizations committing acts violating laws on preventing and combating prostitution shall be subject to administrative penalties depending on the nature and severity of the violation. Individuals committing acts violating laws on preventing and combating prostitution shall be subject to disciplinary actions, administrative penalties, or criminal prosecution depending on the nature and severity of the violation.

2. Handling of violations depends on the authority of the sectors prescribed by law. In cases where violations fall under the penalty authority of multiple persons from different sectors, the authority to impose penalties belongs to the Chairman of the People's Committee at the level with jurisdiction over the location where the violation occurred.

3. Administrative penalties for violations of laws on preventing and combating prostitution shall be carried out by the authorities authorized as stipulated in Articles 15 and 16 of this Decree. Individuals and organizations subject to administrative penalties for violations of laws on preventing and combating prostitution shall implement the acts of violation as prescribed in Chapter III of this Decree.

4. A single act of administrative violation in preventing and combating prostitution shall only be penalized once. An individual committing multiple acts of violation shall be penalized for each act separately. Multiple individuals jointly committing a single act of violation shall each be penalized.

5. Administrative penalties for violations of laws on preventing and combating prostitution must be based on the nature and severity of the violation, the background of the violator, and mitigating or aggravating circumstances to determine the form of primary penalty, supplementary penalty, and appropriate measures.

6. Authorities responsible for handling administrative violations of laws on preventing and combating prostitution must impose penalties within their jurisdiction. For violations exceeding their jurisdiction or showing signs of criminal offenses, they must prepare records and transfer them along with related documents, evidence, and means of violation (if any) to the competent authority for administrative penalties or the competent criminal prosecution authority.

Article 15. The authority of people's committees at all levels in handling administrative violations related to prostitution prevention and control

1. The Chairperson of the People's Committee of communes, wards, and towns has the authority to:

a) To issue warnings;

b) Impose a fine up to 500,000 VND;

c) Seize property and means used for violation up to a value of VND 500,000;

d) Decide to apply educational measures at commune, ward, town level and other remedial measures as prescribed in Article 28 of the Administrative Violation Handling Ordinance for acts violating laws on prostitution prevention and control as stipulated in this Decree within their local jurisdiction.

2. The Chairman of the People's Committee of districts, counties, provincial cities has the right:

a) To issue warnings;

b) To impose fines up to VND 20,000,000;

c) Confiscate the objects and means used to commit administrative violations;

d) Apply remedial measures as prescribed in Article 29 of the Administrative Violation Handling Ordinance;

e) Decide to apply the measure of hospitalization for persons violating laws on prostitution prevention and control as stipulated in this Decree within their local jurisdiction.

3. The Chairperson of the People's Committee of provinces and centrally governed cities has the authority to:

a) To issue warnings;

b) Impose fines up to thirty million dong;

c) Apply remedial measures as prescribed in Article 30 of the Administrative Violation Handling Ordinance for acts violating laws on prostitution prevention and control as stipulated in this Decree within their local jurisdiction.

Article 16. The authority of the People's Public Security Force, Border Guard Forces, and specialized inspection agencies in handling administrative violations related to prostitution prevention and control

1. The People's Public Security Force has the right to impose fines according to the authority prescribed in Article 31 of the Administrative Violation Handling Ordinance for acts violating laws on prostitution prevention and control as stipulated in this Decree.

2. The Border Guard Force has the right to impose fines according to the authority prescribed in Article 32 of the Administrative Violation Handling Ordinance for acts violating laws on prostitution prevention and control as stipulated in this Decree.

3. Specialized inspection forces of the Labor - Invalids and Social Affairs sector, Culture - Information sector, Commerce sector, Tourism sector, Health sector have the right to impose fines according to the authority prescribed in Article 38 of the Administrative Violation Handling Ordinance for acts violating laws on prostitution prevention and control as stipulated in this Decree.

Article 17. Handling of administrative violations by persons engaging in purchasing sexual services as prescribed in Article 22 of the Ordinance

1. Any person engaging in purchasing sexual services shall be fined from VND 500,000 to VND 1,000,000.

2. A fine from VND 2,000,000 to VND 5,000,000 shall be imposed in cases where multiple individuals purchase sexual services simultaneously.

3. A fine from VND 5,000,000 to VND 10,000,000 shall be imposed in any of the following cases:

a) Purchasing sexual services with pornographic characteristics;

b) Luring or forcing others to purchase sexual services together.

Article 18. Handling of administrative violations by persons engaging in selling sexual services as prescribed in Article 23 of the Ordinance

1. Any person engaging in selling sexual services shall be warned or fined from VND 100,000 to VND 300,000.

2. A fine from VND 300,000 to VND 500,000 shall be imposed in cases where selling sexual services is provided to multiple individuals simultaneously.

3. A fine from VND 500,000 to VND 1,000,000 shall be imposed in cases where selling sexual services has pornographic characteristics.

4. Persons selling sexual services regularly from the age of 14 years old and above, having a fixed residence, shall be subject to educational measures at commune, ward, town level; persons selling sexual services regularly from the age of 16 years old and above, who have been subject to educational measures at commune, ward, town level or not subject to such measures but without a fixed residence, shall be subject to hospitalization measures. Procedures for applying educational measures at commune, ward, town level and hospitalization measures shall be carried out in accordance with the provisions of the law on administrative violation handling.

5. Foreign nationals selling sexual services shall be administratively punished according to the provisions of Clauses 1, 2, and 3 of this Article and shall be deported depending on the circumstances.

Article 19. Handling of persons engaging in administrative violations related to prostitution as prescribed in Clause 1, Article 24 of the Ordinance.

1. A fine of from VND 10,000,000 to VND 15,000,000 shall be imposed on any person falling under one of the following circumstances but not reaching the level of criminal prosecution:

a) Exploiting prestige to protect and maintain prostitution activities;

b) Threatening to use violence to protect and maintain prostitution activities;

c) Brokering prostitution but not regularly;

d) Contributing capital for use in prostitution activities.

2. A fine of from VND 15,000,000 to VND 30,000,000 shall be imposed on any person falling under one of the following circumstances but not reaching the level of criminal prosecution:

a) Exploiting official position or authority to protect and maintain prostitution activities;

b) Using violence to protect and maintain prostitution activities.

3. Any person contributing capital for use in prostitution activities shall, in addition to being punished as prescribed in Clause 1 of this Article, have their contributed capital confiscated for use in prostitution activities.

Article 20. Handling of administrative violations by organizations and individuals exploiting business and services for prostitution activities as prescribed in Clause 2, Article 25 of the Ordinance.

1. A fine of from VND 15,000,000 to VND 20,000,000 shall be imposed on any organization or individual falling under one of the following circumstances but not reaching the level of criminal prosecution:

a) Using acts of purchasing and selling sex and other sexual activities as a business method;

b) Using coercive methods to control and threaten purchasers and sellers of sex to extort property.

2. A fine of from VND 10,000,000 to VND 15,000,000 shall be imposed on the head of a business service establishment due to lack of responsibility leading to prostitution activities occurring at establishments under their management but not reaching the level of criminal prosecution.

3. In addition to being fined, organizations and individuals violating Clauses 1 and 2 of this Article shall also have their licenses and professional certificates revoked.

Article 21. Handling of organizations and individuals disseminating and circulating cultural products with pornographic content and form as prescribed in Clause 1, Article 26 of the Ordinance.

Organizations and individuals operating in the fields of culture, cultural services, postal services, and telecommunications that disseminate, store, and circulate images, items, products, and information with obscene and pornographic content and form, inciting sexuality, shall be punished according to the Government's regulations on administrative penalties in the field of culture and information. In addition to being fined, depending on the nature and severity of the violation, individuals and organizations may also have their licenses and professional certificates revoked.

Article 22. Handling of civil servants, public officials, and members of the People's Armed Forces who violate laws on preventing and combating prostitution as prescribed in Clause 1, Article 27 of the Ordinance.

1. Civil servants, public officials, state employees, or members of the People's Armed Forces who commit violations as prescribed in Articles 22, 23, 24, 25, and 26 of the Ordinance on Preventing and Combating Prostitution, in addition to being fined as prescribed in Articles 17, 18, 19, 20, and 21 of this Decree, shall also have the matter reported to the heads of agencies, organizations, or units authorized to manage them for disciplinary action.

2. When competent authorities discover that civil servants, public officials, state employees, or members of the People's Armed Forces have committed violations as prescribed in Articles 22, 23, 24, 25, and 26 of the Ordinance on Preventing and Combating Prostitution, they must immediately report the matter to the heads of agencies, organizations, or units authorized to manage them; if the head of the agency, organization, or unit has committed a violation, it must be reported to the head of the superior managing agency for consideration and decision on disciplinary measures.

3. The heads of agencies, organizations, or units where violators work must carry out disciplinary actions against the violators and organize management, education, prevention, and suppression of their reoffending. The Ministry of Home Affairs will coordinate with the Ministry of Labor, Invalids, and Social Affairs to guide disciplinary actions against state civil servants and public officials who violate laws on preventing and combating prostitution. Members of the People's Armed Forces who commit violations shall be handled according to the law and the Disciplinary Regulations of the armed forces.

Article 23. Handling of persons who violate the law when performing tasks to combat prostitution as stipulated in Article 28 of the Ordinance

1. Persons directly responsible for combating prostitution who engage in acts of protecting prostitution, tolerating, covering up, or failing to promptly handle such that prostitution activities occur within their jurisdiction without reaching the level of criminal prosecution shall be subject to disciplinary action according to the provisions of the law on cadres and civil servants depending on the nature and severity of the violation. Those disciplined with warnings, demotion in salary grade, demotion in rank, or dismissal must be reassigned to other work.

2. Members of the People's Armed Forces who violate the provisions of Clause 1 of this Article shall be handled according to the law and the Disciplinary Regulations of the People's Armed Forces.

Article 24. Handling of persons who cover up or fail to promptly impose disciplinary measures on those violating the law on combating prostitution as stipulated in Article 29 of the Ordinance

1. Persons in positions of authority who engage in acts of covering up or failing to promptly impose disciplinary measures on those under their direct management who are involved in prostitution or related activities without reaching the level of criminal prosecution shall be subject to disciplinary action according to the provisions of the law on cadres and civil servants depending on the nature and severity of the violation.

2. Members of the People's Armed Forces who violate the provisions of Clause 1 of this Article shall be handled according to the law and the Disciplinary Regulations of the People's Armed Forces.

Chapter IV

RESPONSIBILITIES OF STATE MANAGEMENT ORGANIZATIONS IN COMBATING PROSTITUTION

Article 25. Responsibilities of the Ministry of Labor, Invalids and Social Affairs as stipulated in Articles 31 and 32 of the Ordinance

1. To take the lead and coordinate with ministries, ministerial-level agencies, and government agencies in uniformly managing state administration over anti-prostitution work.

2. To develop and promulish legal documents, strategies, policies, plans, and guidelines for organizing the implementation of anti-prostitution activities according to their authority or submit them to higher authorities for issuance.

3. To serve as the permanent body for anti-prostitution work of the National Committee for HIV/AIDS Prevention and Control and Social Evils Prevention and Control.

4. To uniformly manage medical facilities, vocational training centers, and job creation programs for sex workers.

5. To train and enhance the capacity of cadres working in anti-prostitution efforts; to guide the system of social evil prevention organizations at all levels in anti-prostitution work under their management.

6. To conduct national statistics on anti-prostitution efforts.

7. To take the lead and coordinate with the Ministry of Health and relevant ministries and sectors to specify the list of jobs and occupations that do not employ individuals under 18 years old.

8. To cooperate internationally in anti-prostitution and trafficking of women and children for prostitution purposes according to the Government's division of responsibilities.

9. To inspect, audit, and resolve complaints and reports regarding anti-prostitution efforts.

Article 26. Responsibilities of the Ministry of Public Security as stipulated in Articles 31 and 33 of the Ordinance

1. To take the lead and coordinate with relevant ministries and sectors in organizing the fight against crimes related to prostitution and trafficking of women and children for prostitution purposes; to organize the reception and handling of information about prostitution crimes and trafficking of women and children for prostitution purposes.

2. To train and enhance the capabilities of specialized officers in the field of anti-prostitution efforts.

3. To conduct national statistics on prostitution crimes and crimes of trafficking women and children for prostitution purposes; to manage information on prostitution crimes.

4. To take the lead and coordinate with relevant ministries and sectors in guiding service businesses prone to being exploited for prostitution activities to register temporary residence and absence, and to commit to implementing regulations ensuring public security and order.

5. To coordinate with the Ministry of Labor, Invalids and Social Affairs and relevant ministries and sectors in guiding and directing the management and education of individuals involved in prostitution or related activities in the community; to prepare files for referral to medical facilities; to instruct police forces to support the maintenance of security and order at these facilities upon request from the Labor, Invalids and Social Affairs sector.

6. To coordinate with the Ministry of Labor, Invalids and Social Affairs and relevant ministries and sectors in inspecting, auditing, and handling service businesses that violate laws on anti-prostitution efforts.

Article 27. Responsibilities of the Ministry of Health as stipulated in Clause 1 of Article 34 of the Ordinance

1. To draft and promulgate legal documents on export, import, sale, purchase, and use of pharmaceuticals and devices that stimulate sexual desire, either within its authority or by submitting to higher authorities for issuance.

2. To take the lead and coordinate with the Ministry of Labor, Invalids and Social Affairs and relevant ministries and sectors to provide specific guidelines on business standards and conditions for businesses operating services that are easily exploited for prostitution activities under their management.

3. To direct health forces to organize quarterly health check-ups for workers at businesses operating services that are easily exploited for prostitution activities; to take the lead and coordinate with the Ministry of Finance to guide the financial regime for organizing quarterly health check-ups for workers at these businesses.

4. To guide and direct treatment for prostitutes in medical facilities according to the provisions of the law; to coordinate with the Ministry of Labor, Invalids and Social Affairs to specify the list of workplaces and jobs that do not employ individuals under 18 years old.

5. To organize inspections and supervision of businesses operating services that are easily exploited for prostitution activities under their management.

Article 28. Responsibilities of the Ministry of Culture and Information as stipulated in Clause 1 of Article 34 of the Ordinance

1. To direct and mobilize the mass media system to implement communication and education activities aimed at preventing and combating prostitution.

2. To publicize laws on preventing and combating prostitution; to guide and combine efforts to encourage the people to build a civilized lifestyle while preventing and combating prostitution, drug abuse, and HIV/AIDS transmission, and to motivate various social strata to report and combat this social evil.

3. To organize the implementation of prevention and control of prostitution in the export, import, and circulation on the market of pornographic cultural products; to manage cultural service businesses.

4. To take the lead and coordinate with the Ministry of Labor, Invalids and Social Affairs and relevant ministries and sectors to provide specific guidelines on business standards and conditions for cultural service businesses that are easily exploited for prostitution activities; to develop management mechanisms, monitoring, inspection, and supervision of these businesses; contents of information, education, and communication on preventing and combating prostitution and methods of integrating prevention and education against prostitution with prevention and education against drug abuse and HIV/AIDS transmission.

Article 29. Responsibilities of the Ministry of Education and Training as stipulated in Clause 2 of Article 34 of the Ordinance

1. To organize, direct, and guide the implementation of education on preventing and combating prostitution in the school system, appropriate to the level of students and students at each educational level, suitable to the type of school, and customs and traditions of each ethnic group.

2. To educate a healthy and civilized lifestyle for students and trainees.

3. To take the lead and coordinate with the Ministry of Labor, Invalids and Social Affairs in developing the content and methods of education on preventing and combating prostitution in schools.

Article 30. Responsibilities of the Ministry of Trade and the General Department of Tourism as stipulated in Clause 1 of Article 34 of the Ordinance

1. To take the lead and coordinate with the Ministry of Labor, Invalids and Social Affairs and relevant ministries and sectors to draft specific guidelines on business standards and conditions and registration procedures for types of businesses operating services that are easily exploited for prostitution activities under their management.

2. To coordinate with the Ministry of Labor, Invalids and Social Affairs in inspecting and supervising businesses operating services that are easily exploited for prostitution activities under their management.

Article 31. Responsibilities of Ministries, ministerial-level agencies, and government agencies stipulated in Clause 3, Article 31 of the Ordinance

1. Organize the implementation of work to prevent and combat prostitution according to the division of labor and directives of the Government.

2. Closely coordinate with the Central Committee of the Vietnam Fatherland Front, the Vietnam Women's Union, the Ho Chi Minh Communist Youth Union, and other political and social organizations, as well as other social organizations, in the work to prevent and combat prostitution.

Article 32. Responsibilities of People's Committees at all levels stipulated in Article 35 of the Ordinance

1. Implement state management over work to prevent and combat prostitution in their localities; conduct reviews, planning, and reorganization of business service establishments that are easily exploited for prostitution activities; implement business registration in accordance with specific standards and conditions.

2. Organize the implementation and dissemination of education on laws related to preventing and combating prostitution among local residents.

3. Direct the implementation of plans to prevent and combat prostitution within their local jurisdictions based on building and implementing vocational training programs, job creation, poverty alleviation, and cultural life improvement initiatives.

4. Allocate personnel and budget for anti-prostitution work to meet requirements and tasks; mobilize community contributions to anti-prostitution activities.

5. Report the results of anti-prostitution work to the People's Councils and higher-level People's Committees; annually, provincial and centrally-administered city People's Committees report to the Government on anti-prostitution efforts in their areas.

6. Establish and manage medical facilities for education, treatment, labor, and vocational training for sex workers.

7. Inspect, investigate complaints and denunciations, and handle violations of laws related to preventing and combating prostitution within their authority.

Article 33. Inspection on Prevention and Combating Prostitution stipulated in Article 36 of the Ordinance

In cases where inspection involves activities to prevent and combat prostitution in business service establishments that involve multiple sectors, the Chairpersons of People's Committees at all levels shall establish inter-sectoral inspections at their respective levels to inspect and handle violations of laws related to preventing and combating prostitution in their localities. At the provincial and district levels, the Department of Labor, Invalids, and Social Affairs acts as the lead agency coordinating with relevant agencies to carry out inter-sectoral inspections. At the commune level, the People's Communes directly direct and conduct inspections and inspections related to anti-prostitution work in their localities.

Article 34. Responsibilities of Inspection on Prevention and Combating Prostitution stipulated in Article 36 of the Ordinance

Inter-sectoral inspections on prevention and combating prostitution have the responsibility to:

1. Inspect compliance with laws related to preventing and combating prostitution;

2. Inspect the implementation of programs, plans, measures, and tasks related to preventing and combating prostitution; the implementation of regulations on state management of the use of funds, construction, and management of activities of medical facilities;

3. Verify, conclude, and recommend solutions for handling complaints and denunciations in anti-prostitution activities;

4. Handle violations or recommend to competent state agencies to handle violations of laws related to preventing and combating prostitution;

5. Recommend measures to ensure the enforcement of laws related to preventing and combating prostitution; propose supplements and amendments to national policies and regulations on preventing and combating prostitution.

Chapter V

IMPLEMENTING PROVISIONS

Article 35. Effective Date

This Decree takes effect fifteen days from the date of publication in the Official Gazette. Previous provisions that conflict with this Decree are hereby abolished.

Article 36. Guidance on Implementation

The Ministry of Labor, Invalids, and Social Affairs, the Ministry of Health, the Ministry of Public Security, the Ministry of Culture, Sports and Tourism, the Ministry of Education and Training, the Ministry of Home Affairs, the Ministry of Industry and Trade, the Ministry of Finance, and other relevant ministries and sectors within their functions, tasks, and authorities have the responsibility to cooperate in providing detailed guidance, inspection, and reporting.

Article 37. Responsibility for Implementation

The Ministers, Heads of Ministries equivalent to ministries, Heads of government agencies, and Chairmen of provincial people's committees directly under the central government shall be responsible for implementing this Decree./.