English - CEDAW Southeast Asia

A Gendered and Rights-Based Review of Vietnamese Legal Documents through the Lens of CEDAW
Recommendations: To comply with the standard in the Trafficking Protocol, it is
recommended that, for cases falling under Article 344(1)(a) and Article 344(1)(d) of the
Criminal Procedure Code, despite refusal to extradite, investigation for prosecution for
the offence must be initiated. In all extradition treaties, trafficking must be at all times
explicitly included as an extraditable offence.
V.4.3.2 Exploitation of Prostitution
The number of women reported in prostitution was estimated to be 30,600 in 2003, of which
12,912 were on file; that is, undergoing administrative handling measures. 321 Previous figures
showed significantly higher numbers: in 2000, 36,995 women were reported as engaged in
prostitution and 13,923 women were on file; 322 while in 2002, there were 50,833 women reported
and 17,098 women on file. Incidences of child prostitution were also identified, mostly
involving girls and seldom boys. 323
Indicator 46
Indicator 47
Is prostitution considered an offence If so, how is it committed
and who are considered offenders
Are there sanctions in place
Prostitution is prohibited in Viet Nam. Articles 254-256 of the Penal Code punish the
crimes of ‘harboring prostitutes’, ‘procuring prostitutes’, and ‘sexual intercourse with juveniles’.
Harbouring prostitutes
Article 254 of the Penal Code provides for the crime of ‘harbouring prostitutes’. It states that
those who harbor prostitutes will be sentenced to between one and seven years of imprisonment.
The imposable penalty is increased to 5-15 years of imprisonment if the offense if committed
with the following circumstances: (a) in an organized manner; (b) coercing other persons
into prostitution; (c) more than once; (d) against those aged between 16 and 18 years of
age; (e) causing serious consequences; or (f) constituting a case of dangerous recidivism. 324
The imposable penalty is further raised to 12-20 years of imprisonment if the offense is committed
against a child aged 13 to 16 years of age or if causing ‘very serious consequences’.
Life imprisonment is imposed the offense causes ‘particularly serious consequences’. 325
Procuring prostitutes
Article 255 of the Penal Code punishes the crime of ‘procuring prostitutes’. It states that those
who entice or procure prostitutes will be sentenced to between six months and five years of
imprisonment. Article 255 state that, when the offenders commit the offense with the following
circumstances, they will be sentenced to between three and ten years of imprisonment: (a)
against those between 16 to 18 years of age; (b) in an organized manner; (c) in a professional
159
321
GSO Statistics, p. 72
322
lbid.,p. 73
323
See, for example, Le, Bach, Duong, ‘Children in Prostitution in Ha Noi, Hai Phong, Ho Chi Minh City and Can Tho: A
Rapid Assessment’, Investigating the Worst Forms of Child Labour No. 16, International Labour Organization,
International Programme on the Elimination of Child Labour (IPEC), Geneva, July 2002; and Social Work Centre for
Youth of Viet Nam Central Youth Association and Radda Barnen, Children in the “Shadows”, National Political
Publishing House, Ha Noi, 1999
324
Penal Code, Article 254(2)
325
Ibid., Articles 254(3) and 254(4)
Trafficking and exploitation of prostitution (Article 6 of CEDAW)