Does karaoke establishments in Vietnam have to take responsibility when their customers use narcotic substances?

Using narcotic substances is illegal. So If a customer uses drugs in the karaoke establishment, will the owner that business have to take responsibility also?

Does karaoke establishments in Vietnam have to take responsibility when their customers use narcotic substances? (Source: Internet)

1. What are Narcotic Substances?

According to Clause 1, Article 2 of the Law on Prevention and Control of Narcotic Substances 2021, “narcotic substance” means an addictive substance or psychotropic substance included in the list of narcotic substances promulgated by the Government..

2. Penalties for karaoke establishments in Vietnam if their customers use narcotic substances

For one of the following violation, a fine of between VND 10,000,000 and VND 20,000,000 will be imposed:

-The head, the legal representative, the person assigned to manage the business or service establishment, and the manager of the means of transport; other individuals are responsible for managing restaurants, accommodation establishments, clubs, karaoke businesses, discotheque businesses, video game businesses, and means of transportation are found illegally stockpiling, trading, and using narcotics in the areas and vehicles under their management.

-Brokering, assisting, or other acts to help other people use illegal drugs.

(According to point a, clause 4, Article 23 of Decree 144/2021/ND-CP)

Thus, the head and manager of a karaoke business can be fined up to 20 million VND if they allow the customer to illegally use drugs.

3. Criminal liability for karaoke establishments that allow guests to use drugs.

According to Article 256 of the Criminal Code 2015, concealment of illegal use of narcotic substances shall receive the following penalties:

- Any person who leases out, lends premises or otherwise conceals the illegal use of narcotic substances, except for the cases in Article 255 of Criminal Code 2015, shall face a penalty of 02 - 07 years' imprisonment.

- This offence committed in any of the following circumstances carries a penalty of 07 - 15 years' imprisonment:

+ The offence involves the abuse of the offender's position or power;

+ The offence has been committed more than once;

+ The offence involves a user aged under 16;

+ The offence involves ≥ 02 users;

+ Dangerous recidivism.

- The offender might also be liable to a fine of from VND 50,000,000 to VND 200,000,000 or have all or part of his/her property confiscated.

Thus, the owner of a karaoke business can be sentenced to between 7 and 15 years in prison if he/she allows customers to use drugs in the establishment.

Chi Nhan

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