Question : My sister opens a coffee shop. Every day, many girls come to drink and ask customers to buy sex. Out of respect, my sister accepted the invitation to help them.

Two weeks ago, a visitor came to the restaurant, asked my sister to find a ‘happy’ place and was introduced to a girl who still came to the shop. This couple was arrested by the police at the hotel.

Please ask, has my sister been dealt with because she did not receive any money from that brokerage; If so, how should I be responsible?


Answer: As long as the act of seducing or leading a prostitute, the broker can be imprisoned without any factors of profit from doing it or not.

Prostitution brokerage is an act to act as an intermediary for sex buying and selling activities. Prostitution brokers can actively create conditions for people who want to sell sex to meet with people who want to buy sex or vice versa, and then let the two parties agree on prices, places of purchase and sale and time. .. The crime of prostitution not only directly violates the public order, but also violates traditional ethics, civilized lifestyle and national customs and traditions.

Usually, the act of brokerage for sex work is accompanied by a factor of self-seeking. However, according to Article 255 of the Penal Code, “Those who seduce or lead a sex worker shall be sentenced to prison …” . Thus, just having the act of seducing or leading sex workers (collectively referred to as brokerage) constitutes the crime of brokering prostitution without the fact that the broker can benefit from the act of brokerage that or not.

Regarding the handling: The person performing the act of prostitution brokerage, depending on each specific case, may be administratively sanctioned or examined for penal liability.

Under the provisions of Clause 3, Article 22 of Decree No. 73/2010 / ND-CP dated July 12, 2010 of the Government stipulating the sanctioning of administrative violations in the field of social security and order, have acts of “leading prostitution activities” but not to the extent of being examined for penal liability, then a fine of between VND 2,000,000 and 5,000,000

In the case of the act of brokerage prostitution to the extent that it requires criminal prosecution, the sex worker shall be sentenced under Article 255 of the Criminal Code. Specifically:

– A prison term of between 6 months and 5 years for those who seduce or guide prostitutes (without aggravating circumstances specified in Clauses 2 and 3 of this Article).

– A prison term of between 3 years and 10 years for offenders in one of the following cases: Committing the crime against minors aged between full 16 years and under 18 years; organized crime; criminals of a professional nature; commit crimes many times; dangerous recidivism; crime against many people; causing other serious consequences.

– A prison term of between 7 years and 15 years for offenders in one of the following cases: Committing the crime against a child from full 13 years old to under 16 years old; Causing very serious consequences.

– A prison term of between 12 and 20 years for offenders, causing particularly serious consequences.

In addition, offenders may also be subject to a fine of between VND 1 million and VND 10 million.

According to the above provisions, if your sister violates for the first time, if she does not get any benefit from the brokerage, she can only sanction it.