English - CEDAW Southeast Asia

CEDAW and the Law:
Indicator 44
What measures are provided by legislation concerning responsibilities
of embassies abroad for protection of victims of traffickers
Indicator 45
V.4.2.2. Exploitation of Prostitution
Is trafficking an extraditable offense
Indicator 46
Indicator 47
Indicator 48
Indicator 49
Indicator 50
Indicator 51
Indicator 52
Is prostitution considered an offense If yes, how is it committed and
who are considered offenders
Are there sanctions in place
Is sex tourism prohibited
Are there measures required by law to address the needs of women
exploited for prostitution
Is inter-agency cooperation to address prostitution mandated by law Is
there in legislation a clear designation of responsibilities of ministries
and agencies to eliminate prostitution
Are women in prostitution given equal protection of the law in relation to
crimes of rape or sexual assault
Is there legislation to ensure that women in prostitution are given equal
access and benefits to health care, education and other basic services
V.4.3 RELEVANT LEGAL PROVISIONS
V.4.3.1 Trafficking
148
The trafficking of women and children is a significant problem in Viet Nam. Women and children
are trafficked both within Viet Nam and internationally for sexual and labour exploitation,
forced marriage, and domestic servitude. 272 It is difficult to get an accurate estimate of the number
of women and children being trafficked. Among the various statistics and information on
trafficked women are as follows. During the last 10 years at least 10,000 Vietnamese women
and children were trafficked to Cambodia and China. 273 A Border Guard Command report indicates
that between 2000 and 2004 the border guard force discovered 196 trafficking cases,
arrested 403 traffickers, uncovered 53 networks of cross-border trafficking in women and children,
rescued 641 women, and coordinated with functional authorities in receiving 3,667 trafficked
Vietnamese women and children. 274 On Viet Nam’s southwestern border with Cambodia,
from 2000 to December 2004, there were 217 cases involving 1,395 women and children who
were trafficked or entered illegally. 275 Women and children were taken to Cambodia to work as
sex workers in restaurant, hotels and brothels, or sold to foreigners for marriage, brokerage or
child adoptions. 276 Along Viet Nam’s northern border with China, from 2000 to December 2004,
2,917 persons were returned by Chinese authorities, of whom 947 had been trafficked and
272
Wells, op. cit., p. 50
273
Ibid., p. 51
274
The Programme of Action against Trafficking in Women and Children from 2005 to 2010, Decision No. 312/2005/QD-
TTG of November 30, 2005 (Programme of Action against Trafficking), Project on Communication and Education in
Communities on Prevention and Combat of Trafficking in Women and Children from 2005 to 2010, Paragraph I.1
275
Ibid.
276
Ibid.
Review of key legal documents and compliance with CEDAW