What is harboring prostitution? What are some judgments related to the crime of harboring prostitution in Vietnam?

Hello, Lawnet would like to provide an explanation as follows:

1. What is harboring prostitution?

According to Clause 3, Article 3 of the 2003 Ordinance on Prostitution Prevention and Combat, harboring prostitution is the act of using, renting, leasing, or lending locations, means to enable prostitution activities.

This includes the acts of organizations or individuals with the right to manage, possess, use or dispose of assets by renting or lending them for prostitution activities.

2. What are penalties for the crime of harboring prostitution in Vietnam?

According to Article 327 of the 2015 Criminal Code of Vietnam (amended in 2017), the penalties for the crime of harboring prostitution are prescribed as follows:

- Any person who harbors prostitution shall be sentenced to imprisonment from 01 year to 05 years.

- If the offense is committed in one of the following cases, the offender shall be sentenced to imprisonment from 05 years to 10 years:

+ Organized crime;

+ Coercing prostitution;

+ Committing the crime 02 times or more;

+ Harboring prostitution for 04 people or more;

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

+ Causing mental and behavioral disorders for the sex worker with bodily damage rate from 31% to 60%;

+ Illegally gaining property worth between 50,000,000 VND and under 200,000,000 VND;

+ Dangerous recidivism.

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

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

+ Illegally gaining property worth between 200,000,000 VND and under 500,000,000 VND;

+ Causing mental and behavioral disorders for the sex worker with a bodily damage rate of 61% or higher.

- Committing the crime in one of the following cases, the offender 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;

+ Illegally gaining property worth 500,000,000 VND or more;

+ Coercing prostitution leading to the victim's death or suicide.

- In addition, the offender might also be liable to a fine of from VND 10,000,000 to VND 100,000,000 or put under mandatory supervision for 01 - 05 years or have part or all of his/her property confiscated.

3. What are some judgments related to the crime of harboring prostitution in Vietnam?

Judgment on the crime of harboring prostitution No. 58/2023/HS-PT

Trial level: Appellate

Adjudicating body: People's Court of Nam Dinh Province

Excerpt from the content: In mid-December 2022, Lang Thi P came to kiosk No. 33 “Y” owned by Dinh Van H to apply for a job as a cleaning staff. On December 25, 2022, Lang Thi P proposed to H, “If any customers want, just tell me,” meaning if any customers wanted to buy sex, inform P to engage in prostitution to earn extra income. H and P agreed that for each instance of selling sex to customers, P would receive 100,000 VND. Around 7:00 PM on December 31, 2022, Vu Van S came to kiosk “Y” to drink water and asked H, “Can you arrange it for me, whatever the cost, I’ll pay,” implying he wanted to buy sex. H agreed for 300,000 VND. After receiving the money, H told S to wait in room No. 9 of the kiosk and called Lang Thi P to room No. 9 to sell sex to S. At 8:30 PM the same day, while Vu Van S and Lang Thi P were engaging in prostitution, they were caught in the act by the Hai Hau District Police.

Judgment on the crime of harboring prostitution No. 21/2023/HS-ST

Trial level: First instance

Adjudicating body: People’s Court of Na Ri District, Bac Kan Province

Excerpt from the content: At 3:40 PM on October 30, 2022, the task force of the Criminal Police Department of Bac Kan Provincial Police inspected the Karaoke D managed by Nong Thi L and discovered two pairs of men and women having sex at the karaoke bar. In the left bedroom from the entrance, there was one couple engaging in sex; Luc Van T and Dang Thi N, with one used condom found on site, along with one blue mobile phone brand OPPO, one white mobile phone brand OPPO with 320,000 VND in the phone case, one blue VIVO phone, and one unused condom, and one torn condom wrapper. The Court sentenced defendant Nong Thi L to 18 months in prison for "Harboring prostitution" but granted a suspended sentence.

Judgment on the crime of harboring prostitution No. 23/2023/HS-ST

Trial level: First instance

Adjudicating body: People’s Court of Ninh Giang District, Hai Duong Province

Excerpt from the content: In July 2022, defendant Pham Van T rented a house from Mr. Bui Van to open a service massage and health care shop and hired Tran Manh C to manage the shop. On December 9, 2022, T went to the shop to meet T, and they agreed that from January 9, 2023, T would work as a relaxation masseuse and health care worker and engage in prostitution. If customers came for relaxation massages, they would charge 200,000 VND per session; for sex, 400,000 VND per instance; and for overnight sex, 1,000,000 VND per night, with T keeping half of the proceeds. T then informed C to collect money from customers, arrange accommodation and rooms for T to engage in these activities. Around 9:00 PM on January 10, 2023, Nguyen Huu S came to the shop, asked for sex, C collected 400,000 VND from S, arranged a room, provided condoms for T to have sex with S. At 10:08 PM the same day, while T and S were engaging in sexual intercourse in room No. 5, the Ninh Giang District Police caught them in the act and collected evidence.

Judgment on the crime of prostitution brokerage No. 86/2023/HS-PT

Trial level: Appellate

Adjudicating body: People's Court of Ho Chi Minh City

Excerpt from the content: Around 1:00 PM on June 1, 2022, Vo Thi B was at karaoke bar L when 08 customers, including Truong Van T, Le Van C, Tran Van H, Duong Huy H, Duong Tan P, Tran Van T, Phan Van D, and Nguyen Van H, came to the bar to drink beer and sing karaoke. B let female hosts Tran Thi My T, Mai Thi V, Vo Thi My D, Le Thi Bich T, and Thach Thi T into the room to serve customers. Around 2:00 PM the same day, Nguyen Van H, Tran Van T and Phan Van D asked to buy sex one by one from Mai Thi V, Le Thi Bich T, and Thach Thi T, all of whom agreed but mentioned they needed B's consent. Thus, Truong Van T went out to negotiate with Vo Thi B for permission for the three hosts (V, T, T) to sell sex at 1,200,000 VND each, totaling 3,600,000 VND. After receiving the money, Vo Thi B allowed the three hosts to go and sell sex to customers at Q guesthouse. Around 3:10 PM the same day, Cau Ke District Police checked the guesthouse and found three pairs of men and women in rooms No. 6, 7, 8 engaging in prostitution and made a record of the inspection.

Thank you.

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