How to Prove Not Engaging in Prostitution When Entering a Motel?

According to Circular 33/2010/TT-BCA, operating a business in the hotel or guesthouse sector is considered a conditional business subject to security and order conditions. During the management process, the police authorities have the right to inspect individuals and vehicles at the business location related to the establishment's activities when there are signs of legal violations.

When the police conduct an inspection, the following scenarios may occur:

- If your girlfriend is under 13 years old, you will be prosecuted for the crime of Child Rape as stipulated in clause 4, Article 112 of the 1999 Penal Code as follows: "Any sexual intercourse with a child under 13 years old constitutes the crime of child rape and the perpetrator shall be punished with imprisonment from twelve to twenty years, life imprisonment, or death penalty". In this case, even if both parties are consensual, you will still bear criminal responsibility. In fact, there is no shortage of such cases.- If your girlfriend is between 13 and under 16 years old, then you (an adult) can be criminally liable from 01 to 15 years according to Article 115 of the 1999 Penal Code.

According to clauses 1 and 2, Article 3 of the 2003 Ordinance on Prevention and Combat of Prostitution, the act of buying and selling sex is understood as follows:

1. Selling sex is the act of a person having sexual intercourse with another person in exchange for money or other material benefits.
2. Buying sex is the act of a person using money or other material benefits to pay the sex seller in exchange for having sexual intercourse.

As per the above regulations, the basis for determining whether sex buying and selling occurred depends on the exchange of money and other material benefits in exchange for sexual intercourse, and the sex seller receiving money and other material benefits.

Thus, besides the two aforementioned cases, if the voluntary nature of both parties cannot be proven, you may be suspected of engaging in buying and selling sex.

- For the act of buying sex, you may face administrative penalties according to Article 22 of Decree 167/2013/ND-CP with a fine ranging from five hundred to one million dong or criminal prosecution under Article 256 of the 1999 Penal Code for the crime of Buying Sex with Minors (if your girlfriend is a minor) with imprisonment from 01 to 15 years.- For the act of selling sex, your girlfriend may face administrative penalties according to Article 23 of Decree 167 with a fine ranging from one hundred to three hundred thousand dong.

When the police inspect the room, you should explain that you have previously presented your identification documents to the hotel/guesthouse management and provide information about you being a couple, such as names, occupations, hometowns, places of residence, or other related personal information.

According to point e, clause 2, Article 6 of Circular 33, businesses and individuals engaged in renting accommodation and the lodging person have responsibilities as follows:

For accommodation businesses:

- They must fully record the lodging guests' information in the book before they check into the room and notify the local police station of their stay before 11 PM on the same day. If guests check in after 11 PM, they must be recorded in the book and notify the police before 8 AM the next day (including hourly rental guests). In case of suspicion related to security and order, it must be immediately reported to the commune-level police.- If notifying the police station about the guest stay via the Internet, the full information about the guests staying at the establishment must be stored to serve management tasks.- They must require guests to present a permit issued by the competent police authority, and the business must strictly safeguard any weapon, support tool, or explosive substance carried by the guest.- They must immediately notify the local police station if the guest does not have the required documents.

For lodging guests:

- They are responsible for presenting one of the following documents: Identity card; Passport; photo-attached documents issued by Vietnamese state management institutions; work assignment confirmation from the agency or organization; confirmation from the agency contacted for work; confirmation from the commune-level People's Committee at the place of residence.- If guests check in as a group, the representative or leader must handle check-in formalities for all members but must present identification for verification and accurately record all personal details of the lodged in the accommodation management book according to regulations. If a group member does not carry identification, the representative or leader should provide a written request explaining the reason and providing full details of those without identification for the business to record in the accommodation management book according to regulations.

Thus, when staying at a guesthouse or hotel, guests must comply with the above regulations, particularly the requirement to present a personal identification card or other identification documents. Verifying if there is a sex buying or selling act is the responsibility of the authorities. Typically, determining the act depends on factors such as the personal information of the inspected individual, the purpose of sharing the room, and whether the personal details provided by the two people match. Therefore, it's essential to adhere to the regulations on accommodation and have the necessary information ready to handle such situations.

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