DECREE No. 178/2004/ND-CP OF OCTOBER 15, 2004 DETAILING THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE ORDINANCE ON PROSTITUTION PREVENTION AND COMBAT
THE GOVERNMENT
Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the March 17, 2003 Ordinance on Prostitution Prevention and Combat;
Pursuant to the July 2, 2002 Ordinance on Handling of Administrative Violations;
At the proposal of the Minister of Labor, War Invalids and Social Affairs,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.- Regulation scope
This Decree details and guides the implementation of a number of articles of the Ordinance on Prostitution Prevention and Combat, which was passed on March 17, 2003, (hereinafter called the Ordinance for short) by the Standing Committee of the XIth National Assembly.
Article 2.- Subjects of application under the provisions of Clause 2, Article 2 of the Ordinance
Foreign organizations and individuals defined in Clause 2, Article 2 of the Ordinance include: agencies, organizations having their headquarters or offices based in the Vietnamese territory; foreigners, stateless persons permanently residing or temporarily residing in the Vietnamese territory.
Foreign agencies, organizations and/or individuals in the Vietnamese territory, that commit acts of violating the legislation on prostitution prevention and combat, shall be handled according to the provisions of Vietnamese legislation on prostitution prevention and combat and other relevant law provisions. Where the international agreements which the Socialist Republic of Vietnam has signed or acceded to contain different provisions, the provisions of such international agreements shall apply.
Article 3.- Specific definitions of a number of terms
1. “Leasing, lending locations, means for prostitution activities” prescribed in Clause 4, Article 3 of the Ordinance are acts of organizations, individuals that have the rights to manage, possess, use or dispose of the properties but lease or lend them for prostitution activities.
2. “Other acts related to prostitution activities” stipulated in Clause 9, Article 4 of the Ordinance mean acts of lending a hand, concealing, tolerating prostitution activities in order to create conditions for, encourage prostitution activities.
3. “Service business establishments easy to be abused for prostitution activities” prescribed in Clauses 1 and 2, Article 15 of the Ordinance are those dealing in lodging services, cultural services or other services employing dancing girls, female attendants, waitresses (hereinafter referred collectively as laborers) in order to satisfy the needs of convalescence, food and drink catering, creation, relaxation, health care, such as hotels, guest houses, rest houses, restaurants, inns, tourist business villas, bungalows, lease apartments, dancing halls, karaoke bars, massage, sauna bath, hot or cool shower parlors, air-conditioned barbershops, dim-light coffee shops,...
4. “Depravity” defined in Article 16 and Clause 1, Article 26 of the Ordinance means the display in acts, images or sounds of a pleasure-seeking lifestyle which is so mean, evil and decadent that it is morally depraved and contrary to the nation’s good morals and fine customs.
5. “Obscenity” defined in Article 16 and Clause 1, Article 26 of the Ordinance means the act of employing gestures, actions, images and/or sounds to incite sexual lust.
Chapter II
MEASURES AND RESPONSIBILITIES OF AGENCIES, ORGANIZATIONS, FAMILIES AND INDIVIDUALS IN PROSTITUTION PREVENTION AND COMBAT
Article 4.- Prostitution prevention and combat propagation and education in combination with drug prevention and combat as well as HIV/AIDS spread prevention and combat provided for in Article 10 of the Ordinance
The contents of propagation for, and education in, prostitution prevention and combat in combination with drug prevention and combat as well as HIV/AIDS spread prevention and combat include:
1. The harms of prostitution, drug evils;
2. High risk of HIV/AIDS epidemic for prostitutes and drug addicts;
3. Legislation on prostitution, drug and HIV/AIDS prevention and combat;
4. Measures for prostitution, drug and HIV/AIDS prevention and combat;
5. Responsibilities of agencies, organizations, families and individuals in prostitution, drug and HIV/AIDS prevention and combat.
Article 5.- Prostitution prevention and combat propagation and education in agencies, organizations, people’s armed force units, provided for in Article 11 of the Ordinance
Agencies, organization and people’s armed force units shall, within the scope of their respective tasks and powers, have the responsibility to coordinate with information and propaganda bodies in organizing the propagation for, education in, the nation’s cultural traditions, social ethics, healthy lifestyle, harms of prostitution evil, undertakings, policies, measures and legislation on prostitution prevention and combat, forms of handling violations of legislation on prostitution prevention and combat among state officials, employees and public servants as well as people’s armed forces personnel.
Article 6.- Prostitution prevention and combat propagation and education in schools, provided for in Clause 1, Article 12 of the Ordinance
The contents of propagation for, and education in, prostitution prevention and combat among pupils, students, trainees in junior- and senior- high schools, universities, colleges, intermediate vocational schools and job-training establishments shall include:
1. Harms caused by prostitution to the society, human honor, dignity and health, the impacts on gender equality as well as on the strategy for human development in Vietnam;
2. Prostitution prevention and combat measures;
3. Prostitution prevention and combat policies and legislation;
4. Forms of handling violations of legislation on prostitution;
5. Responsibilities of citizens in prostitution prevention and combat.
Basing themselves on the above contents, schools shall elaborate specific contents of prostitution prevention and combat propagation and education, suitable to their respective school types.
Article 7.- Contents of coordination among schools, families and local administrations, provided for in Clause 2, Article 12 of the Ordinance
Contents of coordination among schools, families and local administrations include:
1. The schools shall maintain regular contacts for, and exchanges of ideas with families of pupils, students or trainees as well as the People’s Committees of the localities where the schools are based, on the work of prostitution prevention and combat;
2. Organizing talks and idea exchanges among the parties on the work of prostitution prevention and combat, on preventive education measures and activities suitable to the age groups, gender, religion of pupils, students, trainees;
3. Organizing social activities in localities with the participation of pupils, students, trainees.
Article 8.- Responsibilities of individuals in prostitution prevention and combat, provided for in Clause 1, Article 8 of the Ordinance.
Every individual shall have the responsibility:
1. To strictly observe the law provisions on prostitution prevention and combat;
2. To actively participate in prostitution prevention and combat activities;
3. To educate, manage and prevent his/her family members from falling into prostitution;
4. To detect and promptly supply information on prostitution to police offices or other competent agencies.
Article 9.- Responsibilities of families in prostitution prevention and combat, provided for in Article 13 of the Ordinance
1. Each family shall have the responsibility:
a) To propagate and educate the family members about prostitution prevention and combat;
b) To build up the family harmony, faithful and healthy family life;
c) To actively participate in prostitution prevention and combat activities;
d) To closely coordinate with and assist the People’s Committees at all levels, concerned agencies and organizations in managing and educating persons committing acts of sex buying or sex selling in the localities.
2. Apart from the responsibilities prescribed in Clause 1 of this Article, the families of sex sellers shall also have the responsibility:
a) To manage, assist and take care of the sex sellers subject to education at communes, wards, district townships under the guidance and supervision by organizations and/or individuals assigned to help them and by the local administrations;
b) To manage, supervise, prevent and stop sex sellers from recidivism or from committing acts of causing social disorder and insecurity;
c) To encourage and assist sex sellers to rid themselves of their inferior complex, and to create conditions for their integration into the community.
Article 10.- Specific contents of socio-economic measures for prostitution prevention and combat, provided for in Article 14 of the Ordinance
The specific contents of socio-economic measures for prostitution prevention and combat include:
1. To create jobs, organize job-training, vocational guidance, hunger elimination and poverty reduction for poor families and unemployed persons. To create conditions for poor women to borrow capital, to provide consultancy and guidance for them to access to production and business services, to use capital for economic activities in order to increase their incomes under programs, projects, aiming to prevent prostitution from occurrence or development;
2. To organize medical treatment, education, vocational training and to create jobs for reformed sex sellers; to provide difficulty allowances or create conditions for them to borrow capital, to advise and guide them on production and/or business methods so that they can have stable incomes;
3. To apply financial and tax preference policies for establishments which provide medical treatment, job-training or create jobs for sex sellers or business establishments where reformed sex sellers work. The Finance Ministry shall coordinate with the Ministry of Labor, War Invalids and Social Affairs in guiding them to observe this provision;
4. The People’s Committees at all levels shall coordinate with Vietnam Fatherland Front and its member organizations of the same levels in directing and organizing the implementation of the provisions of Clauses 1, 2 and 3 of this Article in localities under their respective management.
Article 11.- Responsibilities of service business establishments easy to be abused for prostitution activities, provided for in Article 15 of the Ordinance
The service business establishments prone to be taken advantage of for prostitution activities have the responsibility:
1. To strictly comply with the law- prescribed criteria and conditions for permit granting, operation conditions;
2. To register their business and obtain business licenses as provided for by law; not to employ under-18 laborers to perform jobs in direct contacts with customers, adversely affecting their physical, intellectual and personality development; to sign written labor contracts with laborers and manage their activities according to law provisions on labor contracts. The establishment owners, managers and administrators must check the laborers’ professional diplomas and/or certificates before signing labor contracts and take responsibility before law for laborers’ failure to get professional practice certificates;
3. To make written commitments with the People’s Committees of communes, wards or district townships where the business establishments operate not to let prostitution occur in their respective establishments; to comply with regulations on business criteria and conditions and strictly observe the law provisions on prostitution prevention and combat;
4. To manage, examine and guide the laborers, to register temporary residence of persons liable to temporary residence registration with competent police offices; to produce people’s identify cards, labor contracts, written certifications by the administrations of the localities where such persons permanently reside that they are local residents or the notices on their temporary absence from the localities to earn their living and the written commitments not to be involved in prostitution, when so requested by competent agencies or individuals;
5. To organize quarterly health checks for laborers and monitor and supervise their medical treatment;
6. Laborers working in service business establishments prone to be taken advantage of for prostitution activities must possess professional diplomas or certificates suitable to their assigned jobs according to law provisions; observe the regulations on household registration management, have periodical health checks and commit not to violate legislation on prostitution prevention and combat.
Article 12.- State bodies competent to conduct examinations, inspections, defined in Article 18 of the Ordinance
The state bodies competent to conduct examinations and inspections, which are defined in Article 18 of the Ordinance, are the inspectorates of the sectors of Labor, War Invalids and Social Affairs; Culture and Information; Health; Trade and Tourism or specialized prostitution prevention and combat offices of the Labor, War Invalids and Social Affairs or Police sectors. Depending on the practical situation, presidents of the People’s Committees at different levels may set up inter-branch inspection teams among the above agencies to conduct inspections or examination of the observance of legislation on prostitution prevention and combat.
Article 13.- Regimes and policies of compensations, subsidies for persons who participate in prostitution prevention and combat and suffer from losses of property, health or life, which are prescribed in Clause 2, Article 21 of the Ordinance
1. Persons who detect, denounce or fight prostitution, if suffering from property loss, shall be compensated for the lost property value.
2. Persons who detect, denounce or fight prostitution, if getting injured and working capacity decline, shall get medical expense subsidies, working capacity loss allowances according to the level of working capacity decline, which, however, shall not exceed VND 20,000,000.
3. If the persons who detect, denounce or fight prostitution die, their families or lawful representatives shall be provided with a lump-sum pecuniary support for actual expenses, which shall, however, not exceed VND 50,000,000.
Funds for compensation and support payment to persons suffering from property or health damage or life loss shall be ensured by local budgets. The Finance Ministry shall coordinate with the Ministry of Labor, War Invalids and Social Affairs in guiding the implementation of the above provisions.
4. State officials or employees, if getting injured while performing the tasks of prostitution prevention and combat, shall enjoy policies and regimes similar to those enjoyed by war invalids; if they die, they shall be considered for recognition as war martyrs according to law provisions.
Chapter III
HANDLING VIOLATIONS OF LEGISLATION ON PROSTITUTION PREVENTION AND COMBAT
Article 14.- Principles for handling of administrative violations in prostitution prevention and combat, which are prescribed in the Ordinance
1. All acts of violating the legislation on prostitution prevention and combat must be detected and handled in a timely and strict manner according to law provisions. Organizations which commit acts of violating the legislation on prostitution prevention and combat shall, depending on the nature and seriousness of their violations, be administratively handled. Individuals who commit acts of violating the legislation on prostitution prevention and combat shall, depending on the nature and seriousness of their violations, be disciplined, administratively handled or examined for penal liability.
2. The handling of violations shall depend on the law-prescribed competence of branches. Where a violation act falls under the sanctioning competence of many persons in different branches, the sanctioning powers shall belong to the president of the competent People’s Committee of the locality where such violation act is committed.
3. The administrative handling of violations of legislation on prostitution prevention and combat shall be effected by competent persons defined in Articles 15 and 16 of this Decree.
Individuals and organizations shall be administratively handled for acts of violating the legislation on prostitution prevention and combat when committing violations prescribed in Chapter III of this Decree.
4. An act of administrative violation regarding prostitution prevention and combat shall be sanctioned only once. A person committing many violation acts shall be sanctioned for every violation act. If many persons jointly commit a violation act, each of the violators shall be sanctioned.
5. The handling of administrative violations regarding prostitution prevention and combat must be based on the violation nature and seriousness, violators’ personal records and extenuating as well as aggravating circumstances so as to decide on forms of principal sanction, additional sanction and the application of proper handling measures.
6. Persons competent to administratively handle acts of violating the legislation on prostitution prevention and combat must sanction them strictly according to their competence; for violations falling beyond their handling competence or violations showing criminal signs, they must make records thereon and transfer such records together with the relevant documents, material evidences, violation means (if any) to agencies competent to handle administrative violations or competent criminal procedure-conducting agencies.
Article 15.- Competence of the People’s Committees at different levels in handling administrative violations regarding prostitution prevention and combat
1. The commune, ward or township People’s Committee presidents shall have powers:
a) To serve caution;
b) To impose fines of up to VND 500,000;
c) To confiscate material evidences and means used for commission of violations, valued at up to VND 500,000;
d) To decide on application of measures of education at communes, wards or district townships and remedial measures as prescribed in Article 28 of the Ordinance on Handling of Administrative Violations applicable to acts of violating the legislation on prostitution prevention and combat, prescribed in this Decree, in areas under their local management.
2. The presidents of the People’s Committees of urban districts, rural districts, provincial capitals or towns shall have powers:
a) To serve caution;
b) To impose fines of up to VND 20,000,000;
c) To confiscate material evidences, means used for commission of administrative violations;
d) To apply remedial measures prescribed in Article 29 of the Ordinance on Handling of Administrative Violations;
e) To decide on the application of the measure of sending to medical treatment establishments the violators of legislation on prostitution prevention and combat, as provided for in this Decree, in areas under their local management.
3. The provincial/municipal People’s Committee presidents shall have powers:
a) To serve caution;
b) To impose fines of up to VND 30,000,000;
c) To apply remedial measures prescribed in Article 30 of the Ordinance on Handling of Administrative Violations for acts of violating the legislation on prostitution prevention and combat, prescribed in this Decree, in areas under their local management.
Article 16.- Competence of the People’s Police, the Border Guard and specialized inspectorates in handling administrative violations regarding prostitution prevention and combat
1. The People’s Police forces shall have the power to sanction according to the competence prescribed in Article 31 of the Ordinance on Handling of Administrative Violation acts of violating the legislation on prostitution prevention and combat, prescribed in this Decree.
2. The Border Guard forces shall have the power to sanction according to the competence prescribed in Article 32 of the Ordinance on Handling of Administrative Violations acts of violating the legislation on prostitution prevention and combat, prescribed in this Decree.
3. The specialized inspection forces of the Labor, War Invalids and Social Affairs; Culture and Information; Trade; Tourism; and Health sectors shall have the power to sanction according to the competence prescribed in Article 38 of the Ordinance on Handling of Administrative Violation acts of violating the legislation on prostitution prevention and combat, prescribed in this Decree.
Article 17.- Administrative handling of sex buyers prescribed in Article 22 of the Ordinance
1. Those who commit acts of buying sex shall be fined with between VND 500,000 and 1,000,000.
2. A fine of between VND 2,000,000 and 5,000,000 shall be imposed in cases where many persons buy sex simultaneously at a time.
3. A fine of between VND 5,000,000 and 10,000,000 shall be imposed in one of the following cases:
a) Buying sex in a depraved manner;
b) Dragging or forcing other persons into joint sex buy.
Article 18.- Administrative handling of persons who commit acts of selling sex prescribed in Article 23 of the Ordinance
1. Those who commit acts of selling sex shall be imposed with caution or fines of between VND 100,000 and 300,000.
2. A fine of between VND 300,000 and 500,000 shall be imposed in case of selling sex to many persons at a time.
3. A fine of between VND 500,000 and 1,000,000 shall be imposed in case of selling sex in a depraved manner.
4. Frequent sex sellers aged full 14 years or older and having fixed residence places shall be subject to the measure of education at communes, wards, district townships; frequent sex sellers aged full 16 years or older who have been subject to the measure of education at communes, wards or district townships or have not yet been subject to this measure but have no fixed residence places, shall be subject to the measure of sending to medical treatment establishments.
The procedures for application of measures of education at communes, wards or district townships or sending to medical treatment establishments shall comply with law provisions on handling of administrative violations.
5. Foreign sex sellers shall, depending on each specific case, be administratively sanctioned under the provisions of Clauses 1, 2 and 3 of this Article and be expelled from the country.
Article 19.- Handling of persons who commit prostitution-related administrative violation acts prescribed in Clause 1, Article 24 of the Ordinance
1. A fine of between VND 10,000,000 and 15,000,000 shall be imposed in one of the following cases, which is, however, not serious enough for penal liability examination:
a) Abusing prestige to protect, maintain prostitution activities;
b) Threatening to use force to protect, maintain prostitution activities;
c) Prostitution brokerage not on a regular basis;
d) Contributing capital for use for purposes of prostitution activities.
2. A fine of between VND 15,000,000 and 30,000,000 shall be imposed in one of the following cases, which is, however, not serious enough for penal liability examination:
a) Abusing positions and/or powers to protect, maintain prostitution activities;
b) Using force to protect, maintain prostitution activities.
3. Those who commit acts of contributing capital for use for purposes of prostitution activities shall, apart from the sanctions prescribed in Clause 1 of this Article, also be subject to confiscation of their contributed capital for use for purposes of prostitution activities.
Article 20.- Administrative handling of organizations or individuals that take advantage of business and/or service provision to conduct prostitution activities, provided for in Clause 2, Article 25 of the Ordinance
1. A fine of between VND 15,000,000 and 20,000,000 shall be imposed in one of the following cases, which is, however, not serious enough for penal liability examination:
a) Employing sex buy and sale as well as other sexual activities as business mode;
b) Employing tricks to control, intimidate sex buyers, sex sellers to extort properties.
2. A fine of between VND 10,000,000 and 15,000,000 shall be imposed on the heads of service business establishments for lack of responsibility, thus letting prostitution activities occur in their establishments, but not to the extent of penal liability examination.
3. Apart from fines, organizations and individuals committing violation acts prescribed in Clauses 1 and 2 of this Article shall also be deprived of the right to use licenses, professional practice certificates.
Article 21.- Handling of organizations and/or individuals that disseminate or circulate cultural products with obscene contents and forms, provided for in Clause 1, Article 26 of the Ordinance
Agencies, organizations or individuals operating in the fields of culture, cultural services, post and telecommunications, that commit acts of disseminating, storing or circulating images, articles, products, information with depraved, obscene, sex-stimulating contents and/or forms, shall be sanctioned according to the Government’s regulations on sanctioning of administrative violations in the culture-information domain. Apart from fines, the violating individuals and organizations shall also be deprived of the right to use licenses, professional practice certificates, depending on the nature and seriousness of their violations.
Article 22.- Handling of State officials and employees, people’s armed force personnel who violate legislation on prostitution prevention and combat, provided for in Clause 1, Article 27 of the Ordinance
1. State officials and employees, public servants or persons in the people’s armed forces who commit violation acts prescribed in Articles 22, 23, 24, 25 and 26 of the Ordinance on Prostitution Prevention and Combat shall, apart from fines as prescribed in Articles 17, 18, 19, 20 and 21 of this Decree, also be notified to the competent heads of their managing agencies, organizations or units for disciplining them.
2. Functional agencies, when detecting persons committing violation acts prescribed in Articles 22, 23, 24, 25 and 26 of the Ordinance on Prostitution Prevention and Combat, who are State officials, employees, public servants or people’s armed force personnel, must immediately notify such to the competent heads of the agencies, organizations or units managing such persons; in cases where the heads of agencies, organizations or units commit violation acts, they must notify such to the heads of the immediate superior managing agencies for consideration and decision on disciplinary forms.
3. The heads of the agencies, organizations or units of the violating persons must discipline them and manage, educate, prevent and check such persons from relapse into violations.
The Ministry of Home Affairs shall coordinate with the Ministry of Labor, War Invalids and Social Affairs in guiding the disciplining of State officials, employees or public servants who commit acts of violating the legislation on prostitution prevention and combat.
People’s armed force personnel who commit violation acts shall be handled according to law provisions and the Discipline Statute of the armed forces.
Article 23.- Handling of persons who commit acts of law violation when performing tasks of prostitution prevention and combat, provided for in Article 28 of the Ordinance
1. Persons having the tasks of struggling to prevent and combat prostitution but committing acts of protecting, tolerating, covering up or failing to promptly handle prostitution, thus letting prostitution activities occur in areas under their management, but not seriously enough for penal liability examination, shall, depending on the nature and seriousness of their violations, be disciplined according to law provisions on State officials and employees. Persons disciplined in form of caution, salary grade or rank lowering or dismissal must be transferred to other jobs.
2. People’s armed force personnel who commit violation acts prescribed in Clause 1 of this Article shall be handled according to law provisions and the Discipline Statute of the armed forces.
Article 24.- Handling of persons who commit acts of covering up or failing to discipline in time violators of legislation on prostitution prevention and combat, provided for in Article 29 of the Ordinance
1. Persons with positions and powers who commit acts of covering up or failing to discipline those who are under their direct management and commit prostitution acts, involve in prostitution activities, but not to the extent of being examined for penal liability, must, depending on the nature and seriousness of their violations, be disciplined according to law provisions on State officials and employees.
2. People’s armed force personnel who commit violation acts prescribed in Clause 1 of this Article shall be handled according to law provisions and Discipline Statute of the armed forces.
Chapter IV
RESPONSIBILITIES OF STATE MANAGEMENT AGENCIES IN PROSTITUTION PREVENTION AND COMBAT
Article 25.- Responsibilities of the Ministry of Labor, War Invalids and Social Affairs, prescribed in Articles 31 and 32 of the Ordinance
1. To assume the prime responsibility for, and coordinate with the other ministries, the ministerial-level agencies, the Government-attached agencies in, performing the uniform state management over the work of prostitution prevention and combat.
2. To elaborate and promulgate according to competence or submit to superior bodies for promulgation legal documents, strategies, undertakings, policies and/or plans on prostitution prevention and combat and guide the implementation thereof.
3. To act as the prostitution prevention and combat standing body of the National Committee for AIDS Prevention and Combat and Drug, Prostitution Prevention and Combat.
4. To uniformly manage establishments which provide medical treatment, vocational training and job creation for sex sellers.
5. To train personnel performing the work of prostitution prevention and combat; to direct the system of social vice prevention and combat organizations at all levels in the prostitution prevention and combat under its respective management.
6. To make State statistics on prostitution prevention and combat.
7. To assume the prime responsibility for, and coordinate with the Ministry of Health and concerned ministries and branches in, specifying lists of work places and jobs not allowed to employ laborers aged under18 years.
8. To enter into international cooperation in the prevention of, and combat against, prostitution, trafficking of women and children in service of prostitution activities according to the Government’s decentralization.
9. To examine, inspect and settle complaints, denunciations about prostitution prevention and combat.
Article 26.- Responsibilities of the Ministry of Public Security, prescribed in Articles 31 and 33 of the Ordinance
1. To assume the prime responsibility for, and coordinate with the concerned ministries and branches in, organizing the struggle to prevent and combat prostitution, woman and child trafficking in service of prostitution activities; to organize the reception and processing of information on prostitution woman and child trafficking crimes in service of prostitution activities.
2. To provide training to raise the capabilities of the branch’s officers and soldiers specialized in performing the work of prostitution prevention and combat.
3. To make State statistics on prostitution crimes; crimes of trafficking women and children in service of prostitution activities; manage information on prostitution crimes.
4. To assume the prime responsibility for, and coordinate with the concerned ministries and branches in, guiding service business establishments prone to be taken advantage of for prostitution activities to register temporary residences, temporary absences and commit to observe the regulations on ensuring security, social order and safety.
5. To coordinate with the Ministry of Labor, War Invalids and Social Affairs and the concerned ministries and branches in guiding and directing the management of education of persons committing acts of prostitution, related to prostitution at communities; to compile dossiers proposing the sending of subjects into medical treatment establishments; to direct the police force to support the maintenance of security and order at medical treatment establishments at the proposal of the Labor, War Invalids and Social Affairs sector.
6. To coordinate with the Ministry of Labor, War Invalids and Social Affairs and the concerned ministries and branches in checking, inspecting and handling service business establishments which commit acts of violating the legislation on prostitution prevention and combat.
Article 27.- Responsibilities of the Ministry of Health, prescribed in Clause 1, Article 34 of the Ordinance
1. To elaborate and promulgate according to competence or submit to the superior body for promulgation legal documents on export, import, trading and use of pharmaceuticals and devices with sex-stimulating effects.
2. To assume the prime responsibility for, and coordinate with the Ministry of Labor, War Invalids and Social Affairs as well as the concerned ministries and branches in, guiding in detail the criteria and business conditions of service business establishments prone to be taken advantage of for prostitution activities under its management.
3. To direct the medical forces to organize quarterly health checks for laborers in the service business establishments prone to be taken advantage of for prostitution activities; to assume the prime responsibility for, and coordinate with the Finance Ministry in, guiding the regime of funding for organization of quarterly health checks for laborers in these establishments.
4. To guide and direct the treatment of sex sellers in medical treatment establishments according to law provisions; to coordinate with the Ministry of Labor, War Invalids and Social Affairs in specifying the lists of work places and jobs not allowed to employ laborers aged under 18.
5. To organize the inspection and examination of service business establishments prone to be taken advantage of for prostitution activities under its management.
Article 28.- Responsibilities of the Ministry of Culture and Information, prescribed in Clause 1, article 34 of the Ordinance
1. To direct and mobilize the mass media for prostitution prevention and combat communication and education activities.
2. To propagate legislation on prostitution prevention and combat; to guide and mobilize people in building a cultured lifestyle in combination with prostitution, drug, HIV/AIDS prevention and combat, mobilize people of all strata to denounce, combat and get rid of these evils.
3. To organize prostitution prevention and combat in activities of exporting, importing and market-circulating depraved cultural products; to manage cultural service business establishments.
4. To assume the prime responsibility for, and coordinate with the Ministry of Labor, War Invalids and Social Affairs and concerned ministries and branches in, guiding criteria and business conditions of cultural service business establishments prone to be taken advantage of for prostitution activities; to build up mechanisms for management, supervision, examination and inspection of these establishments; the contents of information, education and communications on prostitution prevention and combat and the methods of integrating prostitution prevention and combat communication and education with drug prevention and combat as well as HIV/AIDS infection prevention and combat.
Article 29.- The responsibilities of the Ministry of Education and Training, prescribed in Clause 2, Article 34 of the Ordinance
1. To organize, direct and guide the prostitution prevention and combat education in the school system, suitable to pupils and students at each educational level, to school types and to the customs and practices of each ethnic group.
2. To educate pupils, students, trainees in healthy cultured lifestyle.
3. To assume the prime responsibility for, and coordinate with the Ministry of Labor, War Invalids and Social Affairs in, elaborating contents and methods of prostitution prevention and combat education in schools.
Article 30.- Responsibilities of the Ministry of Trade, Vietnam National Tourism Administration, prescribed in Clause 1, Article 34 of the Ordinance
1. To assume the prime responsibility for, and coordinate with the Ministry of Labor, War Invalids and Social Affairs and the concerned ministries and branches in, elaborating documents guiding in detail the criteria, business conditions and business registration of various forms of service business prone to be taken advantage of for prostitution activities under their respective management.
2. To coordinate with the Ministry of Labor, War Invalids and Social Affairs in inspecting and examining service business establishments prone to be taken advantage of for prostitution activities, which are under their respective management.
Article 31.- Responsibilities of the ministries, ministerial-level agencies and Government-attached agencies, prescribed in Clause 3, Article 31 of the Ordinance
1. To organize the work of prostitution prevention and combat according to the Government’s assignment and direction.
2. To closely coordinate with the Central Committees of Vietnam Fatherland Front, Vietnam Women’s Union and the Ho Chi Minh Communist Youth Union as well as other socio-political and social organizations in prostitution prevention and combat.
Article 32.- Responsibilities of the People’s Committees of all levels, prescribed in Article 35 of the Ordinance
1. To perform the State management over prostitution prevention and combat in their respective localities; to scrutinize and arrange service business establishments prone to be taken advantage of for prostitution activities; to grant business registration certificates strictly according to specific criteria and conditions.
2. To conduct the implementation, propagation and education of legislation on prostitution prevention and combat for local population.
3. To direct the implementation of plans on prostitution prevention and combat within their respective localities on the basis of elaborating and implementing programs, projects on job training and creation, hunger elimination, poverty alleviation, building of cultural life.
4. To arrange officials and budget for prostitution prevention and combat, meeting the task requirements; to mobilize communities’ contributions for prostitution prevention and combat activities.
5. To report on the results of prostitution prevention and combat work to the People’s Councils and the immediate superior People’s Committees; annually, the provincial/municipal People’s Committees shall report to the Government on prostitution prevention and combat in their respective localities.
6. To build and manage medical treatment establishments to provide education, medical treatment, labor and job training for sex sellers.
7. To examine, inspect and settle complaints and denunciations and handle violations of legislation on prostitution prevention and combat according to their competence.
Article 33.- Prostitution prevention and combat inspection prescribed in Article 36 of the Ordinance
Where the inspection of prostitution prevention and combat activities in service business establishments involves many branches, the presidents of the People’s Committees of different levels shall set up inter-branch inspectorates of their respective levels to inspect and handle violations of legislation on prostitution prevention and combat in localities. At the provincial and district levels, the Labor, War Invalids and Social Affairs agencies shall act as main bodies for coordination with the concerned agencies in conducting inter-branch inspection activities. At the commune level, the commune-level People’s Committees shall direct and conduct activities of examination and inspection of prostitution prevention and combat in localities.
Article 34.- Responsibilities for inspection of prostitution prevention and combat, prescribed in Article 36 of the Ordinance
The inter-branch prostitution prevention and combat inspectorates have the responsibilities:
1. To inspect the observance of legislation on prostitution prevention and combat;
2. To inspect the implementation of prostitution prevention and combat programs, plans, measures and tasks; the implementation of the regulations on State management over the use of funding, the building and the management of activities of medical treatment establishments;
3. To verify, conclude and propose the settlement of complaints and denunciations in prostitution prevention and combat activities;
4. To handle violations or propose competent State bodies to handle violations of legislation on prostitution prevention and combat;
5. To propose measures to ensure the enforcement of legislation on prostitution prevention and combat; to propose addition or amendment of the State’s policies and regulations on prostitution prevention and combat.
Chapter V
IMPLEMENTATION PROVISIONS
Article 35.- Implementation effect
This Decree takes effect 15 days after its publication in the Official Gazette.
The previous regulations contrary to this Decree are all hereby annulled.
Article 36.- Implementation guidance
The Ministry of Labor, War Invalids and Social Affairs, the Ministry of Health, the Ministry of Public Security, the Ministry of Culture and Information, the Ministry of Education and Training, the Ministry of Home Affairs, the Ministry of Trade, the Ministry of Finance, and the concerned ministries and branches shall, within the ambit of their respective functions, tasks and powers, have to coordinate with one another in providing specific guidance, conducting examination and reporting to the Prime Minister on the implementation of this Decree.
Article 37.- Implementation responsibility
The ministers, the heads of the ministerial-level agencies, the heads of the Government-attached agencies and the presidents of the provincial/municipal People’s Committees shall have to implement this Decree.
On behalf of the Government
Prime Minister
PHAN VAN KHAI
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Thủ tướng |
(Signed) |
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Phan Van Khai |