Are hostesses in karaoke lounges and coffee shops prostitutes? What are the penalties for prostitution in Vietnam?
What are host/hostess lounges and coffee shops in Vietnam?
Currently, it does not have any regulations that define or give the concept of host/hostess lounges and coffee shops.
However, Vietnamese use "handrails" as a slang word to refer to karaoke lounges or coffee shops that have hosts/hostesses to serve beers and “talk” to customers.
Are hostesses in karaoke lounges and coffee shops prostitutes? What are the penalties for prostitution in Vietnam?
Are hostesses in karaoke lounges and coffee shops prostitutes?
Pursuant to Clause 1, Article 3 of the Ordinance on Prostitution Prevention and Combat 2003 has defined prostitution as follows:
"Article 3.- Interpretation of terms
In this Ordinance, the following words and phrases are construed as follows:
1. Selling sex means a person having sexual intercourse with another for pay with money or other material benefits.”
Accordingly, a person who receives money or other material benefits to have sex with another person is considered an act of prostitution.
Pursuant to Clause 2, Article 3 of the Ordinance on Prostitution Prevention and Combat 2003 has defined the purchase of sex as follows:
“Article 3.- Interpretation of terms
In this Ordinance, the following words and phrases are construed as follows:
…
2. Buying sex means a person paying money or other material benefits to a prostitute for having sexual intercourse with such person.”
Thus, the act of a person using money or other material benefits to give to another person to have sex with that person is considered an act of buying sex.
According to Clause 3, Article 3 of the Ordinance on Prostitution Prevention and Combat 2003, prostitution is the act of buying and selling sex.
Pursuant to Clause 4, Article 3 of the Ordinance on Prostitution Prevention and Combat 2003 has the following provisions:
“Article 3.- Interpretation of terms
In this Ordinance, the following words and phrases are construed as follows:
…
4. Prostitution harboring means acts of using, renting, leasing, borrowing or lending venues and/or means for buying and selling sex.”
Thus, if a karaoke lounges and coffee shops uses or leases or lends its location to perform acts of buying and selling sex, it is considered to contain prostitution.
Accordingly, if hosts/hostesses at karaoke lounges and coffee shops have sexual intercourse to receive money or other material benefits from customers, they are buying sex, selling sex and considered as prostitution.
At this time, host/hostess karaoke lounges and coffee shops are considered to contain prostitution according to the provisions of the Ordinance on Prostitution Prevention and Combat 2003.
Therefore, if there is no act of sexual intercourse to receive money or other material benefits from customers, host/hostess karaoke lounges or coffee shops will not be considered prostitution.
What are the penalties for prostitution in host/hostess karaoke lounges or coffee shops in Vietnam?
Pursuant to Article 24 of Decree 144/2021/ND-CP stipulating as follows:
“Article 24. Sex buying;
1. A fine of from VND 1.000.000 to VND 2.000.000 shall be imposed for buying sex:
2. A fine of from VND 2.000.000 to VND 5.000.000 shall be imposed for buying sex in case the offence involves more than one person at the same time.
3. Additional penalty:
Confiscate the exhibits and means used for committing administrative violations specified in Clauses 1 and 2 of this Article.”
Thus, anyone who buys sex will be administratively fined from VND 1,000,000 to VND 2,000,000. If two or more people buy sex at the same time, they will be administratively fined from VND 2,000,000 to VND 5,000,000.
Pursuant to Article 25 of Decree 144/2021/ND-CP stipulating as follows:
“Article 25. Sex selling;
1. A warning or a fine ranging from 300.000 VND to 500.000 VND shall be imposed for selling sex.
2. A fine of from VND 1.000.000 to VND 2.000.000 shall be imposed for selling sex in case the offence involves more than one person at the same time.
3. Additional penalties:
a) Confiscate the exhibits and means used for committing administrative violations specified in Clauses 1 and 2 of this Article.
b) Expel foreigners committing the administrative violations specified in Clauses 1 and 2 of this Article.
4. Remedial measure:
Enforced return of benefits illegally obtained from the commission of the violation in prescribed Clauses 1 and 2 of this Article;”
Accordingly, those who commit acts of selling sex may be fined with warning or from 300,000 VND to 500,000 VND. If selling to 2 or more people at the same time, they will be fined from 1,000,000 VND to 2,000,000 VND.
Pursuant to Article 27 of Decree 144/2021/ND-CP stipulates as follows:
“Article 27. Abusing the business and services for prostitution activities;
1. A fine ranging from 20.000.000 VND to 30.000.000 VND shall be imposed for prostitution or sexual activities as the business methods.
2. A fine ranging from 30.000.000 VND to 40.000.000 VND shall be imposed for a head, a legal representative, a person assigned to manage the service and business establishment(s) who allows prostitution or sexual acts to happen in the area(s) under their management
3. Additional penalties:
a) Suspend the certificate of security and order from 06 to 12 months in case of violations specified in Point a Clauses 1 and 2 of this Article;
b) Expel foreigners committing the administrative violations specified in Clauses 1 and 2 of this Article.
4. Remedial measure:
Enforced return of benefits illegally obtained from the commission of the violation in Clause 1 of this Article;”
Thus, if a host/hostess karaoke lounges or coffee shops uses the buying of sex, selling sex and other sexual activities as a business method, it will be subject to an administrative fine of from VND 20,000,000 to VND 30,000,000.
The head, the legal representative, the person assigned to manage the host/hostess karaoke lounges or coffee shops will also be administratively fined from VND 30,000,000 to VND 40,000,000.
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