Is it obligatory to prove for not involved in prostitution trade when being inspected at hotels in Vietnam?

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• In Vietnam, is it obligatory to prove for not involved in prostitution trade when being inspected at hotels?
• In which cases are hotels inspected by public security?

In Vietnam, is it obligatory to prove for not involved in prostitution trade when being inspected at hotels?

Pursuant to Point dd, Clause 1, Article 3 of the Law on Handling Administrative Violations in 2012 stipulating principles for sanctioning administrative violations:

dd) The persons competent to sanction are responsible for proving administrative violations. Sanctioned individuals or organizations can self-prove or be proved by their legal representatives that they do not commit acts of administrative violations;

Pursuant to Article 15 of the Criminal Procedure Code in 2015 stipulating determination of facts in a lawsuit:

Competent procedural authorities are held liable for proving guilt.  A accused person is entitled to but is not obliged to prove his innocence.

Competent procedural authorities, within their duties and authority, must use legitimate measures to determine the facts of a lawsuit in unbiased, thorough and complete ways, to clarify the evidences of guilt and innocence, aggravation and mitigation of criminal liabilities of the accused person.

As regulations above, when public security inspect at hotels, it is optional for you to prove for not involved in prostitution trade. The persons competent to sanction are responsible for proving that instead.

When public security carry out administrative inspection at hotels, you and your girlfriend must be able to show personal papers, and answer some personal information related to each other such as name, occupation, place of birth, address, etc in order to prove that you are close to each other and not using money or any kinds of benefit to trade for sex.

In which cases are hotels inspected by public security?

Hotels are a kind of accommodation services. As prescribed in Appendix IV issued together with Law on Investment in 2020 stipulating accommodation services are conditional business lines.

Pursuant to Article 50 of the Decree 96/2016/NĐ-CP stipulating inspection on hotels services:

1. Competent police authorities shall carry out comprehensive inspection of the compliance with security and order regulations by business establishments in business sectors subject to security and order conditions on the basis of one inspection yearly or on irregular basis.

The irregular inspection shall be only conduced when a business establishment has violation or denotes violation against regulations on security and order; or any organization or individual files complaint or denunciation for violation against regulations on security and order committed by the business establishment; or the irregular inspection is conducted to strengthen the guarantee of security and order as instructed in writing by competent authorities.

2. Inspection contents:

a) Inspect and verify legal documents; business contents specified in the License and Certificate of satisfaction of security and order conditions issued by competent police authorities to business establishments in comparison with those in reality;

b) Inspect the compliance with regulations in this Decree and other relevant legislative documents;

c) Inspect people and facilities, traded products, and services relating to business activities of business establishments in accordance with the law regulations.

The record of each inspection must be made (according to the form promulgated by Ministry of Public Security), which includes inspection results and shortcomings or violations (if any).

3.Authorities competent to conduct inspection:

a) The police authority that issues Certificate of satisfaction of security and order conditions and directly manages which business establishment shall carry out the yearly or irregular inspection of that business establishment;

b) Competent units affiliated to police authorities at all levels may only conduct the inspection of business establishments in their management areas when they discover that a business establishment has violation or denotes violation against regulations on security and order; or when they receive complaints or denunciations by organizations or individuals in connection with security and order matters at business establishments within their management areas. Upon the completion of an inspection, that competent unit must send written notice of inspection results and the handling of violations (if any) to the police authority that issued Certificate of sastisfaction of security and order conditions to that business establishment;

c) Police authorities at all level shall, within the ambit of assigned functions and duties, may conduct irregular inspections in service of performing political duties or strengthening security and order guarantee provided that such inspections must be conducted with the written approval by police authorities at district level or instructional documents by police authorities of higher levels.

Best regards!