Does motel owner bear any responsibility when a customer engages in prostitution in Vietnam?

Does motel owner bear any responsibility when a customer engages in prostitution in Vietnam?

Pursuant to Clause 2, Article 26 of Decree 144/2021/ND-CP regulating other acts related to prostitution activities as follows:

2. A fine of from VND 5.000.000 to VND 10.000.000 shall be imposed for concealment, protection for prostitution.

And based on Article 27 of Decree 144/2021/ND-CP, regulations on abusing the business and services for prostitution activities are as follows:

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;”.

According to this Article, if you know that there are acts related to prostitution activities and still allowing guests to stay, your behavior will fall into the case of: Concealing and protecting the acts related to prostitution activities and will be punished from 5 million VND to 10 million VND. If you cannot control it and allow prostitution to occur, you will be administratively sanctioned with a fine from 30,000,000 VND to 40,000,000 VND in Vietnam.

Does motel owner bear any responsibility when a customer engages in prostitution in Vietnam? (Image from the Internet)

Will a motel owner be prosecuted for criminal liability when a customer engages in prostitution in Vietnam? 

Pursuant to Article 327 of the 2015 Criminal Code, regulations on harboring prostitutes are as follows:

1. Any person who harbors prostitutes shall face a penalty of 01 - 05 years' imprisonment.

2. This offence committed in any of the following circumstances carries a penalty of 05 - 10 years' imprisonment:

a) The offence is committed by an organized group;

b) Forced prostitution;

c) The offence has been committed more than once;

d) The offence involves ≥ 04 people engaged in prostitution;

dd) The offence involves a person aged from 16 to under 18 engaged in prostitution;

e) The offence results in 11% - 45% mental and behavioral disability of the aged from 16 to under 18;

g) The illegal profit earned is from VND 50,000,000 to under VND 200,000,000;

h) Dangerous recidivism.

3. This offence committed in any of the following circumstances carries a penalty of 10 - 15 years' imprisonment:

a) The offence involves a person aged from 13 to under 16 engaged in prostitution;

b) The illegal profit earned is from VND 200,000,000 to under VND 500,000,000;

c) The offence results in ≥ 46% mental and behavioral disability of the person engaged in prostitution.

4. This offence committed in any of the following circumstances carries a penalty of 15 - 20 years' imprisonment or life imprisonment:

a) The offence involves more than one person aged from 13 to under 16engaged in prostitution;

b) The illegal profit earned is ≥ VND 500,000,000;

c) Forced prostitution that results in the victim's death or suicide.

5. 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.

According to this Article, if you have act of using, renting, leasing or borrowing or lending places and means to buy or sell sex, you will commit the crime of harboring prostitution and may be sentenced to imprisonment from 01 year to 20 years or life imprisonment and possible fine from 10,000,000 VND to 100,000,000 VND, probation from 01 year to 05 years or confiscation of part or all of property in Vietnam.

Pursuant to Article 328 of the 2015 Criminal Code, regulations on procuring are as follows:

1. Any person who encourages or assists the prostitution of others shall face a penalty of 06 - 36 months' imprisonment.

2. This offence committed in any of the following circumstances carries a penalty of 03 - 07 years' imprisonment:

a) The offence involves a person aged from 16 to under 18 engaged in prostitution;

b) The offence is committed by an organized group;

c) The offence is committed in a professional manner;

d) The offence has been committed more than once;

dd) The offence involves more than one person;

e) The illegal profit earned is from VND 100,000,000 to under VND 500,000,000;

g) Dangerous recidivism.

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

a) The offence involves a person aged from 13 to under 16 engaged in prostitution;

b) The illegal profit earned is ≥ VND 500,000,000;

4. The offender might also be liable to a fine of from VND 10,000,000 to VND 50,000,000.

In addition, if the motel owner acts as an intermediary to seduce or lead others to buy sex, the crime of harboring prostitutes can be punished with imprisonment from 6 months to 15 years and a fine of between 10,000,000 VND to 50,000,000 VND in Vietnam.

Best regards!