SEX WORK AND THE LAW - HIV/AIDS Data Hub

There are also more direct effects, such as the carrying of a number of condoms being
used as evidence of prostitution. This is a particular problem where streetwalkers
operate – they are prominent and therefore more likely to be stopped and searched
by the police at any time. This, and the reluctance of cafés and guesthouses in the
areas where streetwalkers operate to stock condoms for similar reasons, increases
the risk of any ensuing penetrative sex being without a condom unless the client
provided it. 600
Viet Nam
Thu-Hương Nguyễn-Võ describes the detention centres that operated until 2012 as
follows:
The organization of these rehabilitation ‘centres’ resembles the organization of a low
security prison. Inmates are forcibly committed and incarcerated for the duration of
the ‘administrative’ sentence, which could last anything from three months to twentyeight
months, depending on repeat offence or further infractions of camp rules such
as escape attempts. Rehabilitative incarceration also entails a strict regimentation
of daily tasks and routines, which include STD testing and education, political and
ethical classes, and vocational training... 601
Sex workers often returned to sex work, hence reoffending, after release from detention.
Recidivism rates as high as 80% were reported. 602 In addition to female sex workers, male
and transgender sex workers were also subject to administrative detention. 603
A study published in 2002 reported that sex workers detained at 05 Centres in Ho Chi Minh
City were subjected to mandatory testing and treatment for STIs, as well as HIV testing. 604
Condom promotion among sex workers based on the 100% CUP model has been
implemented in selected sites and is being scaled-up. Provincial Heath Departments are
responsible for 100% CUP implementation including cooperative arrangements with
police. Activities include regular detection of STIs and social marketing of condoms. It
was reported in 2006 that law enforcement efforts among entertainment establishments
had caused sex workers to move to street work where they are more difficult to reach by
the 100% CUP services. 605 The support to harm reduction provided by Decree 108/2007
on HIV is intended to address this problem; however, tensions between public security
and public health approaches to sex work remain. In 2011, it was reported that Hanoi
authorities allocated funding to support the police to strengthen its crackdown on
brothels and sex work in public places. 606
600 Doussantousse S. and Tooke L. (2002) Women involved in prostitution in Viet Nam – a Hanoi snapshot
Hanoi, March 2002, Available at: http://unaids.org.vn/resource/topic/sexwork/cswprostitution.doc.
601 Thu-Hương Nguyễn-Võ, (2008), op cit., p.122.
602 Ngo A., McCurdy S., Ross M., et al., (2007) The lives of female sex workers in Vietnam: Findings from a
qualitative study Culture, Health & Sexuality 9(6).
603 UNDP (2011) Men Who Have Sex with Men and Transgender Populations Multi-City HIV Initiative: Ho Chi
Minh City Report, available at: http://asia-pacific.undp.org/practices/hivaids/documents/msmtg_multi_city/pdf/
Reference_Guide_HCMC.pdf
604 Rekart M. (2003) Sex in the city: sexual behaviour, societal change, and STDs in Saigon, Sex Transm Infect
2002; 78(Suppl I):i47–i54, pi.48.
605 UNFPA/WHO (2006) Report of the joint UNFPA/WHO Meeting on 100% Condom Use Programme, Manila:
WHO WPRO, pp.15-70; Ricard D., Long T., Huan T., et al; Scaling-up condom promotion among sex-workers
(SWs) and their clients in Viet Nam. Int Conf AIDS. 2004, abstract no. C12656.
606 Hanoi funds prostitution crackdown, Thanh Nien News, 14 May 2011.
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