Market

In recent years, when the open culture helps us learn and absorb many foreign cultures. One of them is very open and frank views and thoughts about sex. Related to that phenomenon, now on the street, every one of us must have at least a few times seen shops displaying and trading products that are sex toys. One question is how does the legal framework regulate that business? Should the sex toy trade be banned? Let's find out…

1. Not a prohibited profession

According to the provisions of Clause 1, Article 6 of the Investment Law 2020 , it can be seen that the list of prohibited business lines does not appear the names of industries related to the sex toy trade.

In addition, Article 33 of the 2013 Constitution stipulates that citizens are allowed to freely do business in industries that are not prohibited by law.

From the above two bases, it can be concluded that the sex toy trade is a business that is not prohibited by Vietnamese law.

How are other legal provisions governed?

As can be seen, the sale of sex toys is not prohibited by law. However, trading in sex toys must be careful and pay attention to relevant laws. Specifically:

First, about the origin.

Products that are sex toys sold on the market must be products of clear origin. The production must be inspected strictly according to the provisions of law. If it is an imported product, customs invoices and documents must be made in accordance with the law provisions. Trading in sex toys of unknown origin will be sanctioned according to the provisions of Article 21 of Decree 185/2013/ND-CP. The maximum fine can be up to 40 million VND.

Second, about the product's packaging design

At Point dd, Clause 1, Article 21, there are regulations on sanctioning acts of trading in goods with untrue labels or packages containing untruthful images, drawings, writing, signs, symbols or other information. , causing confusion about national sovereignty, historical traditions or prejudice to cultural identity, ethics, lifestyle, national unity and social order and safety.

This regulation is understood that, if the products are sex toys to be sold on the market, they must meet certain conditions. Accordingly, product labels and packages must not contain vulgar words, signs and drawings that are harmful to culture, morality and lifestyle.

Sex toys are products of a sensitive nature, because sex is a matter related to the private life of citizens. Therefore, it is easy to make mistakes according to the above regulations because the images of the product itself have evoked delicate issues. So the line between violating and not violating the above regulation is sometimes very thin. Currently, there is no document in Vietnam's law that specifically stipulates what is ethical, lifestyle, and cultural identity, so the adjustment and sanction sometimes face many obstacles. Therefore, in the case of sex toys, it is best for businesses to pay attention to the issue of display, not to display the products "naked" butshould be displayed in the product packaging. Products. And do not trade in toys that have obscene images and words on the package.

In summary, in order to avoid legal risks, it is best for individuals/organizations selling this product to note two issues:

- Manufacture/Import genuine goods with clear origin.

- Do not sell products with vulgar images or packaging. Products should not be displayed "naked" but should be displayed in the manufacturer's packaging.