Are individuals under 18 allowed to book hotel or guesthouse rooms? Are hotels and guesthouses required to check the identification documents of guests in Vietnam?
Are individuals under 18 allowed to book hotel or guesthouse rooms?
Based on Article 21 of the Civil Code 2015, the provisions are as follows:
Minors
1. A minor is a person who is under eighteen years old.
2. Civil transactions of persons under six years old shall be established and carried out by their legal representatives.
3. Persons from six to under fifteen years old, when establishing, carrying out civil transactions, must obtain the consent of their legal representatives, except for civil transactions serving daily needs appropriate to their age.
4. Persons from fifteen to under eighteen years old can establish and carry out civil transactions on their own, except for civil transactions related to real estate, movable property that must be registered, and other civil transactions as stipulated by law requiring the consent of their legal representatives.
Simultaneously, based on Article 116 of the Civil Code 2015, it provides the following:
Civil Transactions
A civil transaction is an agreement or a legal unilateral act giving rise to, changing, or terminating civil rights and obligations.
According to the above provisions, an individual under 18 years old is considered a minor. The act of renting a hotel room or lodging by a person under 18 is classified as a civil transaction in Vietnam.
As analyzed above, renting a hotel room is a civil transaction. Minors will need the consent of their parents or legal representatives to carry out this transaction.
However, individuals from fifteen to under eighteen years old can establish and carry out civil transactions on their own, except for those transactions related to real estate, movable property that must be registered, and other civil transactions as stipulated by law requiring the consent of their legal representatives. Therefore, individuals under 18 but over 15 years old can book hotel rooms or lodgings on their own if they have a citizen identification card.
Are individuals under 18 allowed to book hotel or guesthouse rooms? Are hotels and guesthouses required to check the identification documents of guests in Vietnam? (Internet image)
Are hotels and guesthouses required to check the identification documents of guests in Vietnam?
Based on Article 44 of Decree 96/2016/ND-CP, the provisions are as follows:
Responsibilities of accommodation service providers
In addition to the responsibilities specified in Article 25 of this Decree, accommodation service providers have the following responsibilities:
1. Issue internal regulations on ensuring security, order, social evils prevention, and fire prevention and fighting, and post them in visible and readable places.
2. Check the identification papers of visitors, including one of the following documents: Identity card; Citizen identification card; Passport; Permanent resident card or Temporary resident card (for foreigners); other photo-bearing identification documents issued by Vietnamese state management agencies.
If visitors do not have identification papers, the establishment must notify the local commune-level police station immediately after accommodating the visitor.
3. Fully record the information of visitors in the registration book (or enter it into the computer) before allowing them to enter the room.
4. Notify the local commune-level police station of Vietnamese visitors and make a temporary residence declaration for foreign visitors (staying overnight or by the hour) before 23:00 on the same day. If the visitor arrives after 23:00, notify before 08:00 the next morning. The notification can be made through the following methods:
a) For Vietnamese visitors, if the accommodation service provider has a network connection with the police, notify via the Internet; if not, notify directly at the police station or by phone;
b) For foreign visitors, fill out the Temporary Residence Declaration Form for foreigners and submit it to the police station.
5. Check and manage the identification papers of visitors to visiting customers at the room, record the information in the registry, and return the identification papers when they leave the accommodation service provider.
6. Store the information of visitors and those visiting customers at the room for at least 36 months.
7. If visitors carry weapons or support tools, request them to present the usage permit issued by the police or military. If the visitor does not present the usage permit, notify the police immediately.
Hotels and lodgings must have the responsibility to check the identification documents of visitors, including one of the following: identity card; citizen identification card; passport; permanent residence card or temporary residence card (for foreigners); other photo-bearing identification documents issued by Vietnamese state management agencies.
What are penalties for hotels and guesthouses failing to report guest residency in Vietnam?
Based on point e clause 2 Article 9 of Decree 144/2021/ND-CP and point d clause 4 Article 9 of Decree 144/2021/ND-CP, the provisions are as follows:
Violations of the regulations on registration and management of residency
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2. A fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed for one of the following violations:
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e) Operating accommodation services, collective housing, medical treatment facilities, tourist accommodation establishments, and other lodging services without notifying accommodation for 01 to 03 residents;
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4. A fine ranging from VND 4,000,000 to VND 6,000,000 shall be imposed for one of the following violations:
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d) Operating accommodation services, collective housing, medical treatment facilities, tourist accommodation establishments, and other lodging services without notifying accommodation for 09 or more residents;
The fine may range from VND 1 to 2 million for operating accommodation services, collective housing, medical treatment facilities, tourist accommodation, and other lodging services without notifying accommodation for 01-03 residents.
The fine may be up to VND 6 million if failing to notify accommodation for 09 or more residents.
These penalties apply to individuals; the fines for organizations are double (based on clause 2 Article 4 of Decree 144/2021/ND-CP).
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