HANOI: The Ministry of Health has proposed harsher penalties for people who use computer networks, telecommunications systems, electronic devices or technology applications to broker prostitution, as part of a draft revised Penal Code now under appraisal by the Ministry of Justice.
The ministry wants the offence added as an aggravating circumstance under Article 328, which covers prostitution brokerage, saying it would give authorities a stronger legal tool against increasingly sophisticated high-tech prostitution rings and closed-group networks.
The ministry cited Prime Ministerial Decision 732, which sets a key task of managing online spaces effectively and eliminating new, sophisticated methods used by prostitution networks in cyberspace.
It said the 2003 Ordinance on Prevention and Suppression of Prostitution does not cover this form of offending.
The Ministry of Public Security, which is leading the drafting of the revised Penal Code, has incorporated the proposal into the draft.
Under the revised draft, brokering prostitution would carry a sentence of six months to three years in prison.
Penalties would rise to three to seven years for organised or professional operations, repeat offences, or cases involving two or more prostituted persons.
This range would also apply to offences involving prostituted persons aged 16 to under 18, illicit profits of VNĐ200 million (US$7,600) to under VNĐ1 billion ($38,000), dangerous recidivists, or offences carried out using computer networks, telecommunications networks or electronic devices.
Offences involving prostituted persons aged 13 to under 16, or illicit profits of VNĐ1 billion or more, would carry seven to 15 years. Offenders could also face fines of VNĐ20 million ($760) to VNĐ100 million ($3,800).
The draft also revises the penalties under Article 327, which covers the operation of a brothel.
A base sentence of two to five years is proposed. That would rise to five to 10 years for offences that are organised, involve coercion, or are repeated two or more times.
Sentences of five to 10 years would also cover cases involving four or more prostituted persons, prostituted persons aged 16 to under 18, or prostituted persons with severe or extremely severe disabilities.
The same term would apply to offences causing psychiatric or behavioural harm resulting in bodily impairment of 31 per cent to 60 per cent, illicit profits of VNĐ100 million to under VNĐ400 million ($15,200), or committed by dangerous recidivists.
Sentences of 10 to 15 years would apply to offences involving prostituted persons aged 13 to under 16, illicit profits of VNĐ400 million to under VNĐ1 billion, or psychiatric or behavioural harm resulting in bodily impairment of 61 per cent or more.
The toughest penalties – 15 to 20 years or life imprisonment – would apply to offences involving two or more prostituted persons aged 13 to under 16, illicit profits of VNĐ1 billion or more, or coercion that leads to the person's death or suicide.
Those convicted of operating a brothel could also face fines of VNĐ20 million to VNĐ200 million, probation of one to five years, or partial or total confiscation of assets.
The draft revised Penal Code is expected to be presented to the National Assembly for comment at its third session and passed at the fourth session of the 16th National Assembly. - Vietnam News/ANN
