Is the act of harboring prostitutes liable to imprisonment sentence in Vietnam?

Is the act of harboring prostitutes liable to imprisonment sentence in Vietnam?

Pursuant to Article 327 of the Criminal Code in 2015 (amended by Clause 2.r Article 2 of the Law on amendments to the Criminal Code in 2017) stipulating regulations on harboring prostitutes 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 31% - 60% 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 ≥ 61% 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 16 engaged 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.

As regulations above, depending on the detail of the case, the panalty imposed on the act of harboring prostitutes shall be between 01 - 20 years' imprisonment. 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.

Is it permissible to impose suspended sentence on any person harboring prostitution in Vietnam?

Pursuant to Article 2 of the Resolution 02/2018/NQ-HDTP (supplemented by Point b, Clause 1, Article 1 of the Resolution 01/2022/NQ-HDTP) stipulating as follows:

1. Being sentenced to imprisonment for not more than 03 years.

2. The person sentenced to prison has a personal identity that, apart from this crime, the offenders abide by the policies and laws and fulfill the obligations of citizens in the places of residence or work.

a) For a person who has been convicted but is considered to have no criminal record, who has been convicted but whose criminal record has been expunged, who has been administratively sanctioned or disciplined, taking into account the following: If the date of this offense has passed the time limit, it will be considered as having not yet been administratively sanctioned or disciplined in accordance with law if it is considered that the nature and seriousness of the new crime is committed in the school. In less serious cases or the offender is an accomplice who plays an insignificant role in the case and meets other conditions, a suspended sentence may also be served;

b) For convicts who, when determining crime, have used the circumstances of "having been disciplined" or "have been administratively sanctioned" or "have been sentenced" and have met other conditions may also be given a suspended sentence;

c) For convicts whose cases are separated for settlement in different stages (separated into many cases) and meet other conditions, suspended sentences may also be served.

3. There are 02 or more extenuating circumstances, including at least 01 extenuating circumstance specified in Clause 1, Article 51 of the Criminal Code and there are no circumstances aggravating the penal liability specified in Clause 1, Article 52 of the Criminal Code.

In case there are aggravating circumstances of penal liability, the number of extenuating circumstances of penal liability must exceed the number of aggravating circumstances of penal liability by 02 or more circumstances including at least one extenuating circumstance for penal liability specified in Clause 1, Article 51 of the Criminal Code.

4. Having a clear place of residence or a stable place of work for competent agencies and organizations to supervise and educate.

A place of obvious residence is a place of temporary or permanent residence with an address specifically determined in accordance with the Law on Residence where a person serving a suspended sentence returns to reside and live regularly after serving the suspended sentence.

A stable workplace is a place where the offender works for a term of one year or more under a labor contract or under a decision of a competent agency or organization.

5. Considering that there is no need to force the execution of prison sentences if the offenders are capable of self-improvement and the suspension of sentences does not pose a danger to society; not adversely affect security, social order and safety.

Thus, based on the above provisions, your friend will only be entitled to a suspended sentence when one of the above conditions is met.

Best regards!