INTRODUCTION
Research Background
Prostitution remains one of the most controversial professions globally, addressing a fundamental human need—sexual intimacy—yet often facing discrimination and prejudice Despite ethical concerns and the negative societal impacts associated with it, prostitution has existed for thousands of years and is likely to persist in the future.
The cultural, political, and social diversity across nations shapes varying perspectives on prostitution, influencing legal decisions regarding sex work Research by Procon.org (2018) indicates that out of 197 countries and territories, 53 have legalized prostitution, while 12 acknowledge it within a limited framework Among the 53 countries where prostitution is legal, only 15 officially recognize it as a profession, ensuring rights and responsibilities such as tax obligations and social insurance.
Prostitution policies vary significantly across countries In Argentina, while it is illegal to operate a brothel or profit from prostitution, buying and selling sex is legal In contrast, Austria has a more regulated approach, where prostitution is organized freely but monitored at three levels: central, local, and personal, according to the 2013 report from the Sex-Worker Forum of Vienna.
Many countries exhibit significant limitations in their legislation regarding organized prostitution, with notable examples including Belize, Brazil, Cyprus, and Denmark To mitigate the negative impacts of prostitution, some nations, like Argentina, restrict its legality to designated areas According to Guy (1991), in Argentina, prostitution is only deemed legal when conducted at least 500 meters away from public facilities such as schools, hospitals, and churches.
In countries with stricter prostitution laws, regulatory frameworks vary significantly For instance, Canada’s House Government Bill C-36, enacted in 2014, legalizes prostitution while criminalizing the purchase of sex Similarly, Iceland's parliament has enacted legislation prohibiting the purchase of individuals for prostitution, marking a significant advancement in addressing the negative impacts of the sex trade.
In several countries, prostitution remains illegal yet continues to thrive, with Thailand serving as a prime example Despite the strict regulations imposed by the Prevention and Suppression of Prostitution Act B.E., the practice persists unabated in this Southeast Asian nation.
Since its release in 1996, Thailand has maintained a notorious reputation for sex tourism, with a 2015 Havocscope report estimating the country's prostitution market at $6.4 billion annually, accounting for 3% of its GDP This prevalence is largely attributed to inadequate local governance and significant corruption within law enforcement agencies, including the police and courts.
The need to revise Vietnam's legal system and regulations regarding prostitution is essential to align with contemporary global standards The increasing scale and complexity of prostitution in the country have sparked significant debate over the potential legalization of the practice.
The Prime Minister's Decision No 361/QD-TTg, issued on March 7, 2016, addresses the complex and rapidly evolving situation of prostitution in Vietnam during the 2016-2020 period The proliferation of technology and communication has introduced new methods for prostitution, making it increasingly difficult for the government to monitor and regulate According to reports from 63 provinces and centrally-run cities, there are 11,240 registered sex workers, with significant concentrations in regions such as the Red River Delta (3,673), Southeast (3,200), and others However, the actual number may be higher, as the clandestine nature of these activities complicates effective oversight.
Emerging trends in prostitution include a diverse range of sex workers such as call girls, male and transgender sex workers, and online brokers utilizing platforms like Facebook The use of drugs among sex workers is on the rise, and the clientele spans various demographics, with 75.7% being self-employed individuals and 20% from enterprises Notably, 80% of sex work owners and brokers are aged between 18 and 25, with over 40% being women The resurgence of prostitution in public spaces in urban areas is negatively impacting cultural values and social order, leading to growing public concern.
As prostitution in Vietnam becomes increasingly challenging to regulate, discussions surrounding its legalization have intensified Proponents argue that legalizing prostitution could lead to a reduction in HIV infection rates, generate tax revenue, decrease instances of rape, enhance management of the industry, and fulfill basic human needs Conversely, opponents raise concerns about potential constitutional violations, the government's ability to enforce regulations effectively, and the impact on cultural values.
According to Tien Phong News, on January 29 th , 2013, in a meeting with the press,
Mr Le Duc Hien, Deputy Director of the Department of Social Vices Prevention, firmly stated that prostitution will not be legalized in Vietnam He emphasized that the country's customs, lifestyle, and legal observance do not support the recognition of prostitution as a legitimate profession His remarks reflect the stance of the Communist Party of Vietnam and relevant law enforcement agencies regarding this issue This position aligns with the constitutional articles that uphold the principle of "one husband, one wife."
The legalization of prostitution in Vietnam necessitates thorough research and careful consideration to address inconsistencies in existing legal decrees regulating sex work Currently, there is a lack of comprehensive studies examining both the drawbacks and benefits of legalization from various perspectives, including economic, policy, social security, human rights, and cultural aspects This study aims to contribute to the understanding of these critical issues surrounding the legalization of prostitution.
Problem Statement
The debate over the legalization of prostitution in Vietnam has sparked significant controversy within the community This issue demands attention from legal researchers and policymakers alike, as it highlights various management loopholes related to this sensitive activity.
Research purpose and questions
The research's target is answering the question "Shall prostitution be legalized in Vietnam?" The following sub-questions will give the final answer an overview and diversified perspective:
- How does the public audience think about legalizing prostitution?
- Does legalizing prostitution protect and improve the lives of sex workers?
- Are there any adverse consequences caused by legalizing prostitution in Vietnam?
Research scope and time
Regarding the time scale, the data collected and published by Government are from
2016 The data collected by survey and in-depth interviews are from March 2021 till April 2021.
Research significance
This research aims to provide an overview of public perceptions on the legalization of prostitution in Vietnam, incorporating insights from sex workers and law enforcement regarding its consequences and benefits Through in-depth interviews with various stakeholders, the study seeks to shed light on the experiences of sex workers in this sensitive and illegal industry By understanding their perspectives, policymakers and researchers may uncover innovative solutions to improve the current situation in Vietnam.
This research aims to provide a fresh perspective on prostitution by incorporating the voices of various stakeholders, thereby raising awareness of its societal impacts Additionally, it emphasizes the importance of advocating for the rights of sex workers, highlighting their experiences and challenges within the broader social context.
5 and needs of this research could help them speaking out the inner fear of the industry and insecurity about the financial problem they are facing with.
Methodology
This research employs a qualitative methodology, utilizing desk research to analyze academic materials and guide the exploration of the legalization of prostitution in Vietnam To enhance understanding of public sentiment, a survey will be conducted with 100 participants from diverse regions, including major cities like Hanoi, Da Nang, and Ho Chi Minh City, as well as surrounding and rural areas Participants, aged 18 to 50 with varying monthly incomes, will provide insights into their views on legalizing prostitution Additionally, in-depth interviews will be conducted with five key stakeholders, including two lawyers, two sex workers, and one NGO expert, ensuring a comprehensive perspective on the issue.
Structure of research
The thesis will contain four chapters with the content as follow:
This chapter highlights the research background and clarifies the research questions, while also addressing the research methodology and the significance of the study.
Chapter 2: Literature review and methodology
This chapter examines global academic research on the legalization of prostitution, exploring its connection to human trafficking and the current state of prostitution in Vietnam It includes a thorough review of Vietnam's legislative documents and legal frameworks regarding prostitution Additionally, the chapter discusses the methodology and theoretical framework utilized in the research.
This chapter illustrates and evaluates the findings resulting from both surveys and in- depth interviews The data will be analyzed and discussed
The final chapter of the thesis summarizes all the findings, discussion from the research Based on those results, recommendations for the laws of prostitution in Vietnam would be given
LITERATURE REVIEW AND METHODOLOGY
Literature review
The status of prostitution remains a contentious issue globally, particularly in countries where it is legal, yet regulations are still in development Despite Europe being home to the most countries legalizing prostitution, the European Union (EU) has not prioritized the establishment of common regulations Research by Allwood (2018) highlights the absence of a specific EU policy on prostitution, despite existing regulations on gender equality and human rights The lack of uniformity among EU member states, each with its own prostitution laws, complicates discussions on the topic Additionally, the EU tends to focus on more pressing issues, often sidelining prostitution, even as related concerns like human trafficking are addressed The challenge of creating an effective policy framework for prostitution is compounded by the need for a strong, unified agency to draw attention at EU conferences Allwood suggests that progress can be made if relevant organizations, such as EU-affiliated women's unions, enhance their lobbying efforts and engage in more effective problem-solving initiatives through forums and seminars.
Raising awareness about the goals and benefits of establishing a unified regulation for prostitution within the EU is crucial However, significant time and effort are required to elevate prostitution and its policymaking to a priority issue in the European Union.
A study by Jonsson and Jakonsson (2017) highlights the connection between public attitudes towards prostitution and the sex market across eight EU countries Their findings indicate that in nations where prostitution is illegal, public sentiment tends to be more negative compared to countries where it is legalized Furthermore, the acceptance of prostitution is higher in countries that permit brothels Conversely, public attitudes significantly influence legislative decisions regarding prostitution, with the primary rationale for restricting it being the fight against human trafficking Policymakers often believe that criminalizing prostitution will diminish demand, consequently reducing the supply of sex workers and, ultimately, human trafficking Additionally, Sweden's approach to managing the negative impacts of prostitution serves as a noteworthy example in this context.
In countries like the Netherlands where prostitution is legalized, it is recognized as a legitimate profession, allowing sex workers to enjoy the same labor rights as individuals in other occupations This perspective aligns with the principles of human rights and gender equality, reflecting a societal belief that supports women's rights in the context of sex work.
Human rights organizations have significantly influenced policy changes regarding prostitution, particularly in Norway, where women's rights groups have campaigned for over 30 years The movement against the buying and selling of sex services began in 1980 with the Norwegian Women's Union, leading to pivotal discussions and statements Their persistent advocacy culminated in 2006 when the Norwegian Confederation of Trade Unions Congress proposed a draft to criminalize prostitution Importantly, this initiative does not oppose sexual activity itself; instead, it aims to promote a healthy working environment and safeguard the rights and interests of sex workers Strom (2009) encapsulates the comprehensive struggle for these objectives.
Over the past 30 years, Norway has seen significant advancements in women's rights and opposition to prostitution, as highlighted in a research paper by Strom The findings reveal that a methodical struggle, supported by human rights and women's rights organizations, has been crucial in amplifying their voices through international collaboration This collective effort garnered support from the National Assembly and key figures, emphasizing the economic implications of prostitution Strom notes that the alliance with the Trade Union marked a pivotal victory for the movement, providing substantial political backing Ultimately, these efforts culminated in the enactment of a law on January 1, 2009, that penalizes prostitution in Norway.
In 2014, the Canadian Parliament enacted a law criminalizing prostitution, reflecting the challenges of regulating this activity across various government levels (Johnson & Porth, 2020) Despite the introduction of the Prostitution Act, effective control remains elusive, as it requires collaboration among multiple stakeholders, including local councils that address community concerns Furthermore, the policy faced opposition from both governmental and activist groups, with gender equality advocates arguing that it was implemented hastily, potentially harming sex workers.
The introduction of laws banning prostitution may worsen the lives of sex workers, as they face increased scrutiny from both sex brokers and law enforcement A study by Bilardi et al (2010) on female sex workers in licensed brothels in Victoria, Australia, revealed that only 25% of the 112 surveyed felt comfortable and satisfied with their work The majority engage in sex work primarily to address financial difficulties rather than out of enjoyment Dissatisfaction stems from poor working conditions and societal prejudices, yet many find it challenging to secure alternative employment that offers a better income than prostitution.
Spain's smokeless industry significantly contributes 3.6 million euros to the national economy While prostitution was decriminalized in 1995, activities such as brothels and human trafficking remain illegal According to Villacampa and Torres (2013), Spain must enhance its efforts to create an effective environment for regulating prostitution The country's lenient policies and inadequate control measures have exposed several weaknesses in managing this sector, proving to be ineffective in practice.
The implementation of a comprehensive regulatory framework for managing prostitution presents numerous challenges worldwide Many countries aim to legalize prostitution primarily to combat human trafficking Research by Choi et al (2013) highlights a significant link between human trafficking and the legalization of prostitution, indicating that trafficking rates fluctuate with the size of the sex market in these nations However, accurately measuring the relationship between prostitution and human trafficking remains difficult due to insufficient data.
Prostitution and human trafficking have severe consequences for law enforcement in countries with weak governance According to Petras and Wongchaisuwan (2016), Thailand's sex-tourism industry significantly contributes to the country's economic growth, despite prostitution being illegal The rampant corruption and market manipulation complicate the issue, leading to the proliferation of brothels and entertainment venues that not only offer sex services but also serve as breeding grounds for STDs and AIDS The lack of effective management and oversight allows human trafficking to thrive, endangering countless children and perpetuating their involvement in this exploitative industry.
Prostitution laws and regulations vary significantly across countries, creating a complex legal landscape It is challenging to categorize any nation as strictly supportive or opposed to prostitution, as the actual circumstances often reflect a nuanced approach to the issue.
Therefore, when assessing the policy on prostitution can be put into three forms:
Table 2.1: List of countries with legal and limited legal prostitution
The global experience with the legalization of prostitution reveals both positive and negative aspects that must be carefully evaluated when considering the potential legalization of prostitution in Vietnam.
Table 2.2 The Pros and Cons of Legalization of prostitution
Gender equality and human rights
- Protect the right to work as a sex worker of women
- Protect sex workers from the risk of violence, harassment, and discrimination
- May cause corruption and ineffectiveness in an incomplete unready governing system
Economic - Create new contribution to the economy and reduce the tax loss
- May cause corruption and ineffectiveness in an incomplete unready governing system
Moral value - Improve the public perception of prostitution, free choice to work
- Degrade the value of humanity as the human body now can be traded as goods to supply services
- Make it easier for sex workers to report abuse to police
- Increase the inflow of human trafficking to fulfill the rising demand
- Control the HIVs epidemic more effectively as the government may encourage and promote the use of condom and public health center in prostitution activities
- May cause operating and economic ineffectiveness since it takes days to weeks for the STDs test’s result to be available
Referring to the situation of prostitution management in other countries, to develop an effective prostitution management policy framework, there are three important factors:
- Management level of the government
- An approach to addressing the issue of prostitution management
- Public opinion on issues related to prostitution
These are factors that can be used to refer to and evaluate whether prostitution should be legalized in Vietnam
2.1.1 Studies on prostitution in Vietnam
In Vietnam, discussions surrounding sex work predominantly emphasize the risks of STDs and HIV rather than addressing gender equality and policy issues A study by Ngo et al (2007) involving thirty in-depth interviews with female sex workers in Hanoi and Ho Chi Minh City reveals that these women face significant limitations in protecting themselves from workplace risks Regulations tend to favor clients and sex brokers, leaving sex workers vulnerable to exploitation and violence, with their relationships with brokers heavily influencing their experiences Financial constraints create a cycle that traps sex workers, making it difficult to transition to alternative professions due to social stigma, financial instability, and threats from brokers and gangs Many enter sex work without sufficient awareness of the challenges they will face, and while starting in prostitution may be relatively easy, exiting the profession proves to be far more complex, with minimal societal and governmental support available to assist them.
A recent study by Nadol et al (2017) highlights a significant risk of HIV transmission between sex workers and their clients in Vietnam Although HIV infection rates have decreased over the past decade, the transmission rate linked to sex work remains alarmingly high This persistent issue is attributed to inadequate regulation and insufficient awareness campaigns regarding prostitution in the country.
2.1.2 Media coverage of prostitution legalization
Research gap
The limited research and discussions surrounding prostitution policies and legal activities in Vietnam have resulted in significant gaps in the law, failing to address the evolving societal context This thesis seeks to fill this research gap by examining the legalization of prostitution from various perspectives, aiming to provide an updated overview of the current situation and offer legislative recommendations on this critical issue.
Legislative framework in Vietnam
After 17 years of implementation, the 2003 Ordinance on Prostitution Prevention and Control in Vietnam has demonstrated significant limitations that hinder effective prostitution prevention and control The absence of comprehensive policies to safeguard sex workers from violence, coupled with ineffective community integration support, highlights the need for improved measures in addressing the challenges faced by this vulnerable population.
Vietnam has made significant efforts over the years to address prostitution through prevention programs, harm reduction interventions, and support for sex workers' reintegration into society Despite these initiatives, the rising number of sex workers and sensitive service businesses presents challenges in evaluating existing laws and their implementation Therefore, it is crucial to propose solutions for enhancing policies and legal frameworks to better protect the rights of sex workers Supporting their integration into the community is essential for changing perceptions and dismantling stereotypes associated with this profession.
The existing legal framework disproportionately criminalizes sex workers while neglecting to hold sex buyers accountable The 2015 Criminal Code, revised in 2017, recognizes that sex workers often find themselves as victims of crime, highlighting the need for a more balanced approach to legislation that addresses the responsibilities of all parties involved.
The legal framework addresses various sexual crimes, including rape (Article 141), the rape of minors under 16 (Article 142), and human trafficking (Article 150) However, prostitution is illegal and typically viewed as non-coercive, leading to sex workers often being excluded from victim status in cases of rape or fornication This stigma results in feelings of guilt and shame among sex workers, discouraging them from reporting incidents of violence to the authorities.
Sex workers often face economic and emotional violence from sex buyers and organizations that exploit their services The 2013 Constitution guarantees every citizen's right to life, safety, health, honor, and dignity, which is further reinforced by the Civil Code of 2015 Despite these legal protections, sex workers frequently experience economic pressure, such as being coerced into selling sex to repay loans and interest This raises the question of whether such actions constitute economic violence and if victims are entitled to protection under the Civil Code.
Sex workers who experience physical violence and sustain injuries can seek legal protection under Article 134 of the Criminal Code 2015, which addresses the crime of intentionally causing injury or harm to their health.
According to Criminal Law, individuals engaging in erotic acts or same-sex relations—such as male-to-male or female-to-female interactions—do not fall under the definition of "prostitution" unless there is an act of intercourse, which is traditionally defined as a sexual relationship between a man and a woman This legal perspective creates a loophole for cases involving sex workers and clients of the same gender, as same-sex sexual activity is not categorized as "copulation." Consequently, without the occurrence of sexual intercourse, it becomes challenging to address homosexual prostitution as a crime or to impose administrative penalties on service businesses for prostitution-related activities occurring within their premises.
The ongoing debate surrounding the legalization of prostitution in Vietnam highlights significant gaps in current legal regulations and policies This raises critical questions about whether legalizing prostitution would enhance the safety and rights of sex workers or if existing laws should be reinforced to ensure fairness and accountability By examining the perspectives of both the public and experts, this thesis aims to capture societal opinions on the potential legalization of prostitution, ultimately seeking a balanced approach to protect the welfare of sex workers while addressing legal inadequacies.
Research flow
This research will employ a qualitative methodology to address the research question It will consist of two surveys targeting distinct groups: a broad survey aimed at the general public and in-depth interviews with experts in gender equality, women's rights, and the rights of sex workers in Vietnam.
Survey and in-depth interview
The primary goal of both the survey and in-depth interviews is to gather diverse perspectives from key stakeholders regarding the legalization of prostitution in Vietnam The survey aims to capture the general public's opinions, reflecting the societal voice, while the in-depth interviews focus on insights from a group of experts in the field.
The study aims to identify gaps and shortcomings in Vietnam's legal system regarding prostitution by conducting 20 focused interviews and a mass survey involving 100 participants aged 18 to 50 from diverse income backgrounds across the country To ensure a comprehensive understanding, the research includes in-depth interviews with two sex workers, two legal professionals, and one expert from a non-governmental organization, ultimately seeking measures and recommendations to enhance the current situation.
FINDINGS
Survey result
To achieve a diverse survey sample, 100 participants were selected with varying characteristics, including age, location, and income The demographic breakdown reveals that 54% of respondents are male and 46% are female Age distribution shows that 46% of participants are between 18-22 years old, 33% fall within the 22-35 age range, and 21% are aged 35-50.
Figure 3.1 The gender and age distribution of survey respondents
73% live in big cities (Hanoi, Danang, Ho Chi Minh) - where entertaining services and prostitution thrive and the remaining 23% live in other areas
Figure 3.2 The living areas distribution of survey respondents
Only 9% of individuals earn less than 5,000,000 VND per month, while 42% have monthly incomes ranging from 5,000,000 to 8,000,000 VND A significant 37% enjoy a good average income between 8,000,000 and 12,000,000 VND, and 12% report a high income exceeding 12,000,000 VND per month.
Figure 3.3 The income distribution of survey respondents
Only 46 participants of the survey do care about the news, conversation, and debate about prostitution They are often interested in information and discussions related to
Below 5.000.000 VND 5.000.000 - 8.000.000 VND8.000.000 - 12.000.000 VND More than 12.000.000 VND
A recent study highlights the prevalence of prostitution discussions on social networking sites, press outlets, and mass media Among participants, 32% showed limited interest in prostitution-related topics, while 22% expressed complete disinterest Interestingly, those engaged in conversations about prostitution often also demonstrated a strong interest in gender equality issues.
A recent survey revealed that 78% of respondents in Vietnam disapprove of prostitution, citing ethical concerns, social order issues, and legal implications as primary reasons for their stance In contrast, only 22% of those interviewed support the prostitution industry, viewing sex as a fundamental human need and arguing that selling sex services is akin to offering any other form of labor.
A recent survey revealed that 64 out of 100 participants are aware of the ongoing discussions and controversies surrounding the legalization of prostitution in Vietnam Among the 46 individuals interested in this topic, all are informed about the legalization debate and are eager to share their opinions Additionally, 20 participants have actively engaged in discussions and debates about this issue on social media platforms.
The survey population showed moderate interest in the topic of prostitution in Vietnam Most see prostitution as a crime or illegal activity
3.1.3 Public perception about the legalization of prostitution in Vietnam
A recent survey on the legalization of prostitution in Vietnam revealed a significant public disapproval, with an average rating of only 1.8 out of 5 Despite this, respondents acknowledged three potential benefits: economic advantages scored 4.3, addressing basic sexual needs rated 3.8, and reducing HIV/STDs infections at 3.5 However, concerns about moral implications (4.8) and fears of financial and governmental corruption (4.6) dominated the negative perceptions surrounding legalization.
24 public disagrees with the legalization of prostitution in Vietnam: The capability of governing prostitution (4.8/5), increasing human trafficking (4.5/5)
Despite recognizing the potential benefits, the public in Vietnam largely opposes the legalization of prostitution This resistance aligns with global perspectives on the issue To address challenges associated with sex work, it is essential to enhance public awareness of gender and sex work, provide support to improve the lives of sex workers, and increase the operational efficiency of law enforcement agencies.
Vietnam faces a significant gender imbalance, exacerbated by persistent gender inequalities in society This imbalance is likely to drive an increased demand for sex, which may further promote prostitution and heighten the risk of sexual violence and exploitation within these activities Although public surveys indicate a lack of interest in the issue of sexual violence related to prostitution, there is a prevailing belief that addressing these activities could lead to improvements in the situation.
3.1.4 Reaction to a vision where prostitution is legalized in Vietnam
A recent survey in Vietnam revealed that 23% of male participants are open to trying sexual services if prostitution were legalized, highlighting the persistent demand for sex in society Most respondents indicated a willingness to pay between VND 500,000 and 1,000,000, while only 12% would spend over 1,000,000 VND for such services Additional insights suggest that the prostitution market in Vietnam has evolved significantly, becoming more complex since the introduction of relevant laws This growth is facilitated by information technology, which has enabled the organization of sexual services with varying prices and features through a distinct network Notably, 84% of male respondents reported having visited pornography websites that provide information on these services.
Survey data indicates that the legalization of prostitution in Vietnam has not significantly altered societal acceptance, with only 23% of respondents expressing willingness to engage in legal prostitution, a slight increase from the 22% who approved at the survey's outset This suggests that transforming deeply rooted stereotypes surrounding prostitution will require more than just legal changes; it necessitates active involvement from community organizations to promote awareness of gender equality and women's rights.
Participants unanimously agree that if prostitution is legalized in Vietnam, it should be regulated within designated areas rather than permitted to occur freely There are significant concerns regarding the potential for sex work to take place in residential neighborhoods or near sensitive locations such as schools and hospitals.
In-depth interview result
3.2.1 Sex workers’ perception about legalizing prostitution
Life in my hometown presents significant challenges, particularly in securing a stable income to support my aging parents and younger brother, who is preparing for college entrance exams The limited job opportunities and low income levels make it increasingly difficult to find suitable employment As a result, I have turned to sex work in the Cau Giay area of Hanoi to meet my family's needs.
At 18, N.T.L moved to Hanoi and, two years later, turned to sex work due to the lack of higher-paying job opportunities to support herself and her family Her daily routine begins at 11 a.m with breakfast and preparation, including getting dressed and applying makeup, before starting work at 6 p.m On nights without overnight bookings, her workday concludes around 2 a.m.
In just four years in the profession, I have witnessed significant changes in the landscape of prostitution; whereas in the past, sex brokers were the primary means of connecting with clients, I now leverage internet forums, messaging apps, and social media platforms to build my customer network.
The evolution of information technology has transformed the economic landscape, impacting various sectors, including the sex industry Freelance sex workers, such as N.T.L, now enjoy increased opportunities to find and choose clients, reshaping their professional interactions.
Does N.T.L have a positive vision for the legalization of prostitution in Vietnam? The answer is neutral She is not too concerned about whether prostitution is legal in Vietnam or not
Legalizing prostitution may not significantly impact my life or work environment, as the existing policy management could hinder any potential improvements for sex workers like myself.
This concern and suspicion come from negative experiences with the law enforcement system in Vietnam She shared about having repeatedly received harassment from people in the law enforcement apparatus
The experience of being arrested while selling sex often leads to a choice between paying a bribe for a quicker release or enduring the lengthy paperwork process, which results in lost income Legalizing prostitution in Vietnam may introduce additional complications, as it would require the preparation of practice papers and a professional license, potentially leading to further harassment.
Societal judgment and stigma pose significant barriers to the acceptance of prostitution legalization in Vietnam Many potential sex workers remain indifferent to the idea, fearing the public exposure of their identities and involvement in the industry Even with legalization, it is unlikely that a substantial number of individuals would come forward to participate.
In cities like Hanoi and Ho Chi Minh, where attitudes may be more liberal, sex workers still face significant disrespect and stigma In less educated areas, such as my hometown, the discrimination and negative perceptions are even more pronounced The thought of my profession becoming public knowledge in my hometown is unimaginable, highlighting the deep-rooted challenges and societal judgments we face.
B.N.M, unlike N.T.L, is currently engaged in sex work within a local gang's organized network To conduct an interview with her, prior approval from the gang's leader is mandatory, and strict guidelines must be followed: no inquiries about the gang's details or the structure of prostitution networks are permitted, and audio recordings are prohibited Additionally, all interview notes undergo scrutiny by a gang member before they are returned to the interviewer This stringent oversight of information highlights the gang's tight control over its sex workers.
B.N.M, female, 27 years old, has been selling sex for 6 years She joined the gang's prostitution network from the first day of her career B.N M’s parents owe the gang a huge debt They were unable to pay and had left, leaving her unable to pay the debt She accepts an offer to work as a prostitute so she can pay off her parents' debt
Currently, there seems to be no better alternative available Reporting to the police appears to be ineffective The reality at that time was clear: my parents had a debt to me, and I felt compelled to settle it on their behalf.
She expects to pay off the debt within a year and a half The future after paying off the debt is still open
I anticipate paying off my debt in a year and a half, with the first year being particularly challenging due to high interest and principal payments However, in the second year, my connections with gang members helped me secure a reduced interest rate, enabling me to make progress in repaying the debt Although I haven't decided on my next steps after becoming debt-free, I am considering working additional hours to save capital for starting a business, though I doubt it will generate as much income as my current job.
B.N.M faced significant challenges in reintegrating into the community after leaving prostitution, largely due to a lack of government support Her connection to a gang member, who was also her boss, intensified over time, as the nature of the sex industry often prioritizes youth and beauty As B.N.M aged, she increasingly relied on the gang for assistance in attracting clients.
“For me, legalizing prostitution has not had a significant impact on sex workers in the gang like me Thanks to being in a gang, she is protected from customers who behave
Many sex workers face inappropriate behavior from customers, including instances of drunkenness and aggression, often requiring intervention from gang leaders I joined the gang primarily to pay off debts, with personal safety as a secondary concern Working within a gang provides a stable and protected clientele, and the gang's connections with government officials allow for smoother operations without police interference I believe that even with the legalization of prostitution, the working conditions will remain largely unchanged.
B.N.M feels lucky to have joined a "relatively nice" gang that protects her and gives her a chance to work and pay off her debt She shared about many friends in the same profession as her at other gangs who fell into the loop of no way out of "debt - sex labor - debt" These people are lured by the gang that manages them or forced to access other social evils such as drugs or gambling This very loop is also a way for the gangs to control their influence over sex workers
Finding and discussion
A recent survey and in-depth interviews with key stakeholders have uncovered significant insights into the state of prostitution in Vietnam The findings highlight critical challenges in the management of prostitution, as well as the existing regulations and policies surrounding the issue.
The ethical values of Vietnamese society are one of the main barriers that make the legalization of prostitution in Vietnam less feasible
In Vietnam, prostitution is viewed as a social vice rather than a legitimate profession, with the sale and purchase of sex services seen as contrary to the country's cultural norms and traditions This societal perception renders sex work unacceptable within families, as involvement in prostitution by a husband, father, or child can jeopardize family happiness Consequently, sex workers face ridicule, discrimination, and violence from society Until these social prejudices change, the legalization of prostitution in Vietnam remains an unrealistic prospect.
Sex workers in Vietnam are unlikely to engage in registration for incentives and protections under legalized prostitution due to fears of judgment and prejudice from society.
Sex workers find it difficult to reintegrate into society when they give up prostitution due to social stigma and lack of support from the government
Many individuals turn to prostitution primarily due to challenging economic conditions and a lack of job opportunities, which often leaves them unpaid Discrimination further complicates the situation for sex workers seeking to transition to alternative livelihoods Although government policies exist to provide loans for sex workers aiming to reintegrate into society, fear of community stigma prevents many from applying, resulting in low participation rates Current sanctions and policies tend to focus more on reducing prostitution rather than offering meaningful support for sex workers Consequently, those who wish to leave the industry find it difficult to secure job opportunities and face significant challenges in reintegrating into society, as they are often stigmatized and labeled negatively.
Legalizing prostitution can bring more downsides and social problems than economic benefits
Weak management capabilities among authorities at all levels hinder effective handling of the complex issue of prostitution, leading to increased security and social order problems rather than safeguarding the rights of sex workers or generating economic benefits Additionally, taxing this sector poses significant challenges and adds to the burdens faced by Vietnam's already strained administrative system.
Existing sanctions, as well as legal provisions, need improvement to ensure fairness as well as protect the rights of sex workers
The current penal code and associated documents primarily emphasize fines for sex work, neglecting essential support measures for sex workers These legal provisions are outdated and fail to address the evolving landscape of the sex work industry in Vietnam While the presence of male and foreign sex workers is not extensive, their activities persist and are increasingly visible, highlighting the need for updated legal frameworks that reflect contemporary realities.
32 develop complicatedly The phenomenon of gay male prostitution or men disguised as girls to deceive customers into buying sex is increasing in public areas
The existing legal documents regarding prostitution prevention and control are inconsistent and overlapping, leading to challenges in their application The legal validity of these documents is insufficient, and the responsibilities of state agencies and mass organizations in addressing prostitution are not clearly defined Therefore, it is essential to establish a comprehensive legal framework that consolidates and strengthens the regulations on prostitution prevention and control to effectively address these shortcomings.
CONCLUSION AND RECOMMENDATIONS
Conclusion
Based on global experiences with prostitution legalization, along with public surveys and consultations with key stakeholders such as sex workers, lawyers, and experts, it is evident that legalizing prostitution in Vietnam is currently unsuitable for numerous reasons.
The law enforcement system faces significant challenges, particularly in effectively managing complex activities like prostitution Ineffective management can lead to a range of issues, including corruption, market manipulation, threats to social safety and security, moral degradation, human trafficking, and increased rates of sexually transmitted diseases (STDs).
The legalization of prostitution in Vietnam faces significant opposition from various stakeholders, as prevailing ethical standards and cultural values do not support its recognition as a legitimate profession This lack of acceptance hinders sex workers, the primary group affected by potential legalization, from actively engaging in policy discussions and advocating for changes related to their rights and working conditions.
Third, the legalization of prostitution in Vietnam is contrary to the constitution on human rights and ethical standards - the core of stability and development of Vietnamese society
To effectively reduce the supply in the sex market, it is more beneficial to enhance existing legislation and policy tools that support sex workers in leaving the industry, rather than increasing penalties Additionally, it is crucial to address emerging forms of prostitution, such as gay prostitution and activities disguised as social relationships, by updating relevant laws and regulations.
Policy implications
To gain better prevention and respond to violence, harm reduction, interventions, and support community integration for sex workers, Vietnam may consider these implications:
To effectively combat prostitution, it is essential to establish a comprehensive Law on Prostitution Prevention and Control, replacing the existing ordinance This law should adopt a human rights framework, addressing legal discrepancies between Vietnamese legislation and international standards, particularly regarding the rights of marginalized groups, in accordance with the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) It must include explicit provisions to safeguard individuals from violence, ensure equal access to support services, and eliminate stigma and discrimination, thereby preventing the exploitation and violation of the rights of sex workers.
It is essential to define acts of violence against sex workers in the Law on Prostitution Prevention and Control Establishing these regulations will lay the groundwork for a protective mechanism for sex workers, particularly female sex workers, empowering them to overcome feelings of inferiority and fear This framework will enable them to access support and protection from relevant agencies in challenging situations.
The law must ensure that sex workers who experience violence have the right to access essential medical care and legal aid services provided by the State As a marginalized group, sex workers require support to address health issues, which is crucial for preventing the spread of social diseases Additionally, they need assistance in navigating legal challenges, enabling them to find solutions to escape prostitution and enhance their understanding of their rights and protective measures against violations.
To enhance support for sex workers, it is essential to implement supplementary regulations that include vocational training, job placement services, and access to credit loans These initiatives will empower sex workers to transition into new careers and improve their lives without the requirement to prove their intention to leave the profession in order to benefit from these policies.
Last but not least, there should be adjustments in the promulgation of laws to address new types of prostitution such as gay prostitution, disguised prostitution, and limit the
35 development of prostitution in the means of high technology development such as using a social network or communicating application
Implementing the suggested measures simultaneously and effectively will lead to significant positive changes in the situation of prostitution in Vietnam, benefiting both society and sex workers This approach is more effective than legalizing prostitution in the country.
Limitations
Due to constraints in time and resources, the survey had a limited number of samples and participants for in-depth interviews To enhance the effectiveness of the research, it is essential to engage additional key stakeholders, including sex buyers, regulatory bodies like the police, and activists advocating for gender equality and feminism Furthermore, variations in the size and nature of prostitution across different regions mean that the survey data primarily reflects activities in larger cities The author hopes these recommendations will inform future studies.
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Survey questionnaire on the topic "Should legalize prostitution in Vietnam"
Comments and participation in the questionnaire are crucial data sources for Nguyen Cong Thai Son, a student in the Master of Public Policy program at Vietnam Japan University, as he works towards completing his graduation thesis.
All information and your comments will be kept confidential
Thank you very much for your support!
1 Are you Male or Female (Male/Female)
2 Where are you living now? (Big cities: Hanoi, Danang, Ho Chi Minh / Others)
4 Are you interested in topics related to prostitution, prostitution prevention? (Yes/No/Not too much)
5 Do you know about the recent debate about the legalization of prostitution in Vietnam? (Yes/No/Not too much)
6 Do you support the legalization of prostitution in Vietnam? (Yes/No/No idea)
7 On a scale from 1-5 (1 being strongly disagreed), please show your opinion on the issues below:
Legalizing prostitution helps improve policy revenue
Legalizing prostitution reduces rape rates
Legalizing prostitution reduces the HIV transmission rate
Legalizing prostitution helps reduce the rate of sexually transmitted diseases
The legalization of prostitution protects the rights of sex workers as well as users of sex services
Legalizing prostitution helps address basic human sexual needs
The legalization of prostitution leads to the growth of human trafficking
Legalizing prostitution in Vietnam will not be effective due to incompetent management agencies
Legalizing prostitution in Vietnam is more likely to lead to corruption than budget efficiency
Legalizing prostitution in Vietnam violates fine customs
Legalizing prostitution in Vietnam will affect personal life, marriage, and family
8 Have you ever taken participant in sex services? (Yes/No)
9 Will you try sex services if prostitution is legal in Vietnam? (Yes/No)
10 How much are you willing to pay for the sex services if you are going to try it?
11 If prostitution is legal in Vietnam, where should it be operating?
- Anywhere that has been approved by the government
- In special areas with specific conditions for operation
INTERVIEW QUESTIONS FOR SEX WORKERS
1 How long have you been working?
2 Can you give me some personal information about yourself like age, education level and hometown?
3 Do you have any concerns about your current job? (Health, safety and stability)
4 Do you use any line or system to work or is this freelance job?
5 How does technology development impact your work?
6 Do you support or oppose the legalization of prostitution in Vietnam? Do you receive any support from the Government or local government on working?
7 If you have the opportunity or support to quit your current job and find another legal job, will you change your career?
8 How do you assess the idea that legalizing prostitution in Vietnam will enhance and protect the interests of sex workers?
INTERVIEW QUESTIONS FOR LAW EXPERTS
1 Do you support or oppose the legalization of prostitution in Vietnam? Why?
2 In the cases of defending and implementing legal proceedings for prostitution- related cases in Vietnam, are there gaps, inadequacies in the law related to this issue?
3 Do you think that the sanction of sanctioning prostitution brokerage activities in Vietnam is sufficient to deter and prevent this activity? Do you have any personal suggestions?
4 In your opinion, where should sex work be handled most thoroughly?
5 According to you, does Vietnam need more sanctions or support programs for individuals working and providing prostitution services?