Title: Are Owners of Guesthouses and Hotels Hosting Prostitution Subject to Penalties? A Number of Related Judgments

1. Will the owner of inns and hotels housing prostitution be penalized?

According to Clause 4, Article 3 of Ordinance 10/2003/PL-UBTVQH11, the term "housing prostitution" is explained as follows:

“Housing prostitution is the act of using, renting, leasing, borrowing, or lending a location or means for conducting the act of buying and selling sex.”

Therefore, if the owner of an inn, hotel, or coffee shop uses their business location to rent or lend a place or means for conducting the act of buying and selling sex (collecting money from the buyer and arranging for the buyer to engage in prostitution with a prostitute in a room)... the owner of the inn or hotel will be prosecuted criminally for the crime of housing prostitution.

According to Article 327 of the Penal Code of Vietnam 2015 (amended in 2017), the penalty framework for the crime of housing prostitution is as follows:

- Anyone who houses prostitution shall be sentenced to imprisonment from 01 year to 05 years.

- Committing the crime in one of the following cases shall be sentenced to imprisonment from 05 years to 10 years:

+ Organized crime;

+ Coercion into prostitution;

+ Committing the crime 02 times or more;

+ Housing prostitution for 04 or more individuals;

+ Involving persons aged from full 16 to under 18 years;

+ Causing psychological and behavioral disorders of the prostituted person with a body injury rate from 31% to 60%;

+ Illegal profits from VND 50,000,000 to under VND 200,000,000;

+ Dangerous re-offense.

- Committing the crime in one of the following cases shall be sentenced to imprisonment from 10 years to 15 years:

+ Involving persons aged from full 13 to under 16 years;

+ Illegal profits from VND 200,000,000 to under VND 500,000,000;

+ Causing psychological and behavioral disorders of the prostituted person with a body injury rate of 61% or more.

- Committing the crime in one of the following cases shall be sentenced to imprisonment from 15 years to 20 years or life imprisonment:

+ Involving 02 or more persons aged from full 13 to under 16 years;

+ Illegal profits of VND 500,000,000 or more;

+ Coercion into prostitution leading to death or suicide.

- Additionally, the offender may also be fined from VND 10,000,000 to VND 100,000,000, put under probation from 01 year to 05 years, or have part or all of their assets confiscated.

2. Some judgments related to the crime of housing prostitution

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