The Penal Code 2000 provides that those who ‘harbour prostitutes’ shall be sentenced to between one and seven years of imprisonment.592 Where harbouring involves coercing others into sex work, the penalty is between five and fifteen years imprisonment. The Penal Code also provides that it is an offence to ‘entice or procure’ prostitutes, with penalties of between six months and five years imprisonment.593
Viet Nam
and Control.590 The UN reported that campaigns to ‘clean the streets’ of sex workers had created an atmosphere in which HIV prevention activities are difficult and sex work has been driven further underground.591
The Law on HIV/AIDS Prevention and Control 2006 states that sex workers (and other most-at-risk populations) will be given priority access to information, education and communication on HIV prevention and control.594 A Government Circular on condom use in entertainment establishments has been issued by the Ministry of Culture, Sport and Tourism, circulated to Ministry of Labour, Ministry of Culture, Sport and Tourism, and Ministry of Public Security.595 Decree 108/2007 on Implementation of Articles of the Law on HIV/AIDS Prevention and Control provides that harm reduction interventions (including provision of free or subsidized condoms and guidance on condom use) are to be provided to sex workers. The Decree provides for identity cards to be provided to outreach workers including peer communicators and volunteers, and protects peer educators from prosecution if they have notified the People’s Committee and police prior to conducting outreach and are carrying their cards. The People’s Committee and police are responsible for creating favourable conditions for programmes and projects to operate and development of the network of condom distribution points in their localities.596 The National Programme of Action Against Prostitution, 2011-2015 was approved by the Prime Minister in 2011.597 The National Programme of Action sets a series of targets including: •
reducing the number of communes and wards that are hotpots for sex work by 40% by 2015;
•
100% of ‘hot’ provinces/cities have intervention models for reducing vulnerabilities to HIV and HIV prevention for sex workers and models supporting the reintegration of sex workers to the community;
•
to provide education, vocational training, social and legal support for sex workers to re-integrate into the community.
590 See: Statement by Mr. Bruce Campbell, UNFPA Representative, 27 September 2010, Review workshop on the 5-year implementation of sex work prevention in the period 2006-2010 and Plan of Action for Sex Work for the period 2011-2015. 591 UNFPA (2010) Reducing HIV transmission among sex workers through stronger partnerships http://vietnam. unfpa.org/public/cache/offonce/pid/5922. 592 Article 254. 593 Article 255. 594 Article 11. 595 Survey response to UNDP (2011), Pham Nguyen Bang, UNFPA Vietnam. 596 Articles 7 and 8. 597 Decision No. 679/QD-TTg of 2011. See: Statement by Acting UN Resident Coordinator Bruce Campbell at the launching ceremony of the Five Year Programme of Action on Sex Work 2011-2015, 28 June 2011; Pouille L., (2011) Global monitoring: status of action against commercial sexual exploitation of children, Vietnam, Bangkok: ECPAT, p.14.
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