Market

Situation Summary

Hello, we want to open a sex toy store.

Before officially opening the store, we have a few questions that we would like to ask a lawyer to answer.

– What sex toys can we legally sell in Vietnam?

– The law regulates the same sex toys throughout Vietnam?

– What records do we need to keep for purchasing and importing sex toys?

– Do we need to have local authorities review the toys we sell?

– No person under the age of 18 can shop at a sextoy store, right?

- What are the harmful toys for personality education and children's health?

– What should we know about selling sex toys?

Please advise.

1. Legal grounds

– Law on Investment 2014;

– Decree 59/2006/ND-CP dated June 12, 2006 of the Government guiding the Commercial Law on goods and services banned from business, restricted from business and subject to conditional business;

– Joint Circular No. 64/2015/TTLT-BTC-BCT-BCA-BQP dated May 8, 2015 stipulating the invoice and voucher regime for goods imported and circulated on the market;

– Decree 103/2009/ND-CP dated November 6, 2009 promulgating regulations on cultural activities and business in public cultural services.

2. Are sex toys legally sold in Vietnam?

According to Article 6 of the Law on Investment 2014 stipulating the industries that are prohibited from doing business

first. The following business investment activities are prohibited:

a) Trading in narcotic substances as prescribed in Appendix 1 of this Law;

b) Trading in chemicals and minerals specified in Appendix 2 of this Law;

c) Trading in specimens of wild plants and animals as prescribed in Appendix 1 to the Convention on International Trade in Endangered Species of Wild Fauna and Flora; specimens of endangered and rare and precious wild animals and plants of Group I originating from nature as prescribed in Appendix 3 of this Law;

d) Doing business in prostitution;

dd) Buying and selling people, tissues and organs of the human body;

e) Business activities related to human cloning.

second.The production and use of products specified at Points a, b and c, Clause 1 of this Article in analysis, testing, scientific research, healthcare, pharmaceutical production, criminal investigation, insurance National defense and security protection shall comply with the Government's regulations.”

It can be seen that according to current Vietnamese law, sex toy trading is not one of the prohibited business types of enterprises. Besides, the business of this item is not included in the conditional business activities specified in Law No. 03/2016 amending and supplementing Article 6 and Appendix 4 on the list of investment industries and trades. conditional business of the Investment Law. You can completely trade this item according to the constitutional principle that everyone has the right to do business in industries that are not prohibited by law.

However, the law does not specify which sex toys are legally sold and which are prohibited. Therefore, when doing business, you only need to note that the goods will not be considered legal if there are not enough legal documents to prove the clear origin. In addition, because there are no specific regulations, market managers can still consider sex toys as debauched cultural products or harmful to aesthetic and personality education according to operational regulations. culture and community cultural service business (issued together with Decree 103/2009/ND-CP dated November 6, 2009) and handling administrative violations

What records do we need to keep for purchasing and importing sex toys

You need to keep the receipts and proof of purchase in case the regulatory agency checks the origin. Regarding import, according to Article 5 of the Joint Circular No. 64/2015/TTLT-BTC-BCT-BCA-BQP dated May 8, 2015 stipulates: For goods of direct production and trading establishments Imported goods when displayed for sale at stores or stored, must have a note for ex-warehousing and internal transportation (for the case where the store is dependent on the same province or city), a note for ex-warehousing and internal transportation. sets or invoices (in case the store does independent accounting or is not located in the same area as the head office), warehouse receipt (in the case of goods in stock).

Do we need to have local authorities review the toys we sell?

The market manager will be the body that directly checks the legitimacy of your business.

No person under the age of 18 can shop at a sextoy store, right?

According to Decree 59/2006/ND-CP dated 12/6/2006 of the Government guiding the Commercial Law on goods and services banned from business, restricted from business and subject to conditional business.

Accordingly, the authorities now often consider sex toys to be included in the list of items: "Dangerous toys, toys harmful to children's health and personality education or to the security of children." , social order and safety (including video game programs)…”  in Appendix I to this Decree, although there is still no specific regulation on whether sex toys belong to this group of goods or not. are not. Therefore, to ensure business, your store should have a regulation that prohibits people under the age of 18 from participating in shopping at the store.

How are toys harmful to personality education and children's health?

In Appendix I of Decree 59/2006/ND-CP detailing the Commercial Law on goods and services banned from business, restricted from business and subject to conditional business, specifying the list of goods banned from trading. include: "Dangerous toys, toys harmful to children's personality and health education or to social security, order and safety (including video game programs)"

According to Decision 88/2000/QD-BTM dated January 18 , 2000, children's toys that are harmful to character education, health or social security, order and safety will be banned. Specifically:

1. Toys shaped like guns: Air or spring compressed air guns that shoot plastic bullets or other bullets; water gun, steam gun; firearms that shoot luminescent or fire explosives.

2. Toys shaped like other weapons: Like grenades, bombs, mines, explosives; like swords, marks, pears, daggers, bows and crossbows (made of all kinds of materials including wood, bamboo, compressed paper...).

3. Firecrackers: firecrackers, fireworks, firecrackers, bullets made of firecrackers or other materials that can cause fires and burns.

4. Virtual toys.

5. Toys in the form of cultural products (publications, tapes, discs), electronic toys with images, sounds, actions depicting fighting scenes, brutal murders or emotional actions violate human dignity, destroy the environment harmful to children's aesthetics and education.

6. Computer software and video games with content inciting violence and prostitution.

7. Electric toys with remote control may cause interference to other appliances and equipment or are not safe for children.

8. Toys with the use of the national flag, map of Vietnam, image of the leader are not in accordance with regulations, bad purposes”.

What should we know about selling sex toys?

The sale of sex toys is not currently prohibited under Vietnamese law, however, the specific regulations on goods as well as how to trade this type of goods have not yet been guided specifically. In order to properly comply with current business regulations, you need to pay attention to the import of these products, which must have clear origins, full invoices and sales documents. must present the customs clearance documents of the goods.