English - CEDAW Southeast Asia

A Gendered and Rights-Based Review of Vietnamese Legal Documents through the Lens of CEDAW
In relation to legal protection for persons in prostitution, many of the recommendations
under Part V.1.3.3 and Part V.1.3.6 are applicable, especially provisions on confidentiality,
protection, body searches and examinations, incorporating social workers
in State management and procedure handling works. In particular, the following protection
is essential: (a) the right to privacy and confidentiality must be maintained during
administrative handling of cases. It must be provided by law that details on the identity
of women in prostitution must not be divulged with specific administrative sanctions
for violations. Proceedings must be held behind closed doors, upon request; (b) protection
orders and witness protection must be available for these women. If necessary,
orders for protection must be issued on the same day as the request; (c) social workers
must be called during the administrative proceedings to provide assessment on the
appropriateness of the measures to be imposed, to make further recommendations to
enable rehabilitation and reintegration of these women, and for continuous counselling;
(d) in relation to children in prostitution, mandatory procedures should be in
place on custody of these children, such as to notify immediately a designated social
worker in the state management agency for the protection of the child’s rights, counselling,
etc., to escort the child for immediate medical check up, and to ensure non-disclosure
of the child’s identity, especially by the media.
Indicator 50
Indicator 51
Indicator 52
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
The Ordinance on Prostitution designates MOLISA as having the primary responsibility
for State management on prostitution prevention and combat, in coordination with MPS. The
State management work of MOLISA includes: (a) promulgating and organizing the implementation
of undertakings, policies, laws and plans on prostitution prevention and combat; (b)
organizing the apparatus for managing, training, fostering and raising the capability of personnel
engaged in the prostitution prevention and combat work; (c) organizing and managing the
establishments that provide medical treatment, job training and creation for prostitutes; (d)
gathering statistics on prostitution prevention and combat; mobilizing, managing and utilizing
resources, and concluding scientific research and application; (e) organizing the prevention
and combat of crimes and other laws violations related to prostitution; (f) propagating legislation
on prostitution prevention and combat; (g) international cooperation; (h) and supervising,
inspecting, settling complaints and denunciations about, and handling violation of the legislation
on, prostitution prevention and combat. 336
165
336
Ordinance on Prostitution, Articles 30 and 31
Trafficking and exploitation of prostitution (Article 6 of CEDAW)