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Related to this issue within Vietnam, the author wants to set out to prevent sex toys business, although there are no valid grounds and it is not completely illegal, but it leads to consequences. seriously, it is infringing upon the legitimate rights and interests of both the seller and the buyer. Therefore, in this article, the author will prove that legalizing sex toy trading in Vietnam is a must.

1.LEGAL PROVISIONS ON SEX TOY TRADING IN VIETNAM

1.1. Vietnamese law does not prohibit the purchase, sale and sale of sex toys

First, it can be affirmed that the purchase, sale and trading of sex toys are not directly mentioned in the list of industries and trades banned from business investment specified in Clause 1, Article 6 of the Law on Investment 2020. At the same time, Article 33 of the 2013 Constitution stipulates that "Everyone has the right to freely do business in professions that are not prohibited by law". In addition, Clause 1, Article 5 of the Law on Investment 2020 also continues to affirm: "Investors have the right to carry out business investment activities in industries and trades that this Law does not prohibit". From all the above grounds, it can be said that Vietnamese law does not prohibit the sale and sale of sex toys.

1.2. Vietnamese law minimizes the purchase and sale of sex toys

Currently, there is no legal document regulating the purchase, sale and trading of this item, although this can be considered a rather special commodity, requiring many strict standards because it directly affects the health of users. However, the authorities often apply some general regulations of goods for the sex toy business but still contain many shortcomings.

For example, Point d Clause 3 Article 34 of Decree No. 98/2020/ND-CP stipulates a fine from VND 30,000,000 to VND 50,000,000 for the act of displaying and introducing goods and services or using forms and means of display or introduction contrary to historical, cultural and moral traditions,  fine customs and customs of Vietnam. The phrase "contrary to the historical, cultural, moral and fine customs of Vietnam" makes us think to explain according to the current social situation. From the author's point of view, when the provisions of Point d, Clause 3, Article 34 of Decree No. 98/2020/ND-CP are applied depends on the packaging and how the product is promoted. The sex toy itself, according to the author, is not contrary to "historical, cultural, moral traditions, and fine customs of Vietnam". Because, whether it is Vietnam or Eastern culture in general, it values secrecy in all activities, behaviors, especially sexual activities, but all cannot deny the need for it. And the use of sex toys, in a sufficient measure to meet physiological needs and take place as discreetly as casual sex, has no reason to prohibit it. Therefore, the problem is only in the packaging and how to advertise and display the product. How not to "contravene the historical, cultural, moral and fine customs traditions of Vietnam", as mentioned above, it is necessary to have a clear guideline to define the line for both sellers and competent people to check. The sex toy itself is already a sensitive item, so the choice of product introduction should be considered very carefully.

2. REASONS TO LEGALIZE THE PURCHASE, SALE AND TRADING OF SEX TOYS IN VIETNAM

2.1. The use of sex toys cannot be considered as the main cause of health problems experienced by sex toy users

First, the author argues that experts have not yet made a comprehensive comment on sex toys. Sex toys can be classified into devices that directly satisfy sexual needs and devices that increase the pleasure of having sex. It makes sense that not all sex toys are used by cramming, acting directly on the genital organs or anus, sex toys that increase pleasure do not take on this role. 

Secondly, with sex toys that directly impact the genitals and anus, the above negative effects only occur with poor-quality sex toys and abusive or poorly informed users. So if the goal is to protect people's health, banning or restricting them with vague regulations can't help. Reality is proving that radical restrictive efforts are not working, and most of all, the author argues that this is not something to ban for the reasons that will be mentioned in the next section.

2.2. Restrict the purchase, sale and trading of sex toys by unclear regulations that infringe on the freedom of business of citizens

Although not defined, throughout legal documents, such as the Constitution 2013, the Law on Enterprises 2020, the Law on Investment 2020, all turn up the understanding of freedom of business as the right of citizens to freely choose professions that are not prohibited by law to do business. As demonstrated in part 2, Vietnamese law does not prohibit the buying, selling and trading of sex toys and the regulations put in place to eliminate this industry in Vietnam are not valid. Therefore, the sale and purchase of sex toys in Vietnam today is the fact that citizens are exercising their legal rights and cannot be prevented by the law. 

2.3. Prohibition of buying, selling and trading in sex toys and restrictions on buying, selling and trading sex toys by unclear regulations infringing on human natural rights

2.3.1. Freedom of sexual needs is a natural right

Natural rights are rights that are independent of the laws, customs or beliefs of any particular culture or government, and are therefore universal and non-transferable (i.e. rights that cannot be erased or restricted by human law)[5]. In simpler terms, it is the rights inherent and there is anyone from the moment that the person is born that the state cannot use the law to limit.

And the freedom of sexual needs, including the freedom to choose how sexual needs are satisfied, has been demonstrated throughout history, fulfilling the conditions of natural rights that should be considered natural rights.

2.3.2. Prohibition of buying, selling and trading of sex toys and restrictions on buying, selling and trading sex toys by unclear regulations infringing on human natural rights

Natural rights are not specifically recognized, but they are the basis for the construction of the Constitutions of nations and the rest of the legal documents. The infringement of natural rights causes this foundation to be shaken because those who infringe on it seem to implicitly deny a lot of the norms set by the law. Since natural rights are a system of rights that are closely related to each other, we cannot admit some and deny some without thorough research. The lack of freedom to choose how to satisfy this sexual need has not been clearly explained in Vietnam.

3. CONCLUSIONS 

The legal path of buying and selling sex toys will solve the above inadequacies. When legalized, lawmakers and relevant agencies will have to embark on researching and researching standards for materials and packaging specifications. Most importantly, then, we can give sellers the obligation to guide users on the use, preservation and assurance of product quality. Users who have health problems or questions are also more confident to see a specialist or doctor. In particular, it is necessary to include the sale of sex toys in conditional business lines and must refer to countries with the experience of previous countries to come up with a specific set of standards.

In short, instead of the current lax regulations, a solid legal framework demonstrating the legalization of sex toys in Vietnam will show the State's respect for freedom of business, so that sellers do not need to find all kinds of ways to wriggle but still retain their own resources and close. contribute more resources to the country, while maximizing the controlling role of the law.