NATIONAL ECONOMICS UNIVERSITY

SCHOOL OF ADVANCED EDUCATIONAL PROGRAM

-------***-------

ASSIGNMENT REPORT

Course: Introductory Ethics

Topic: The morality of commercialized sex

Group 9

Members: Le Thi Linh Chi 11204673

Tran Thi Ngoc Minh 11206159
Dang Thi Phuong Ngoc 11206318
Ngo Viet Phuong 11206581

Hanoi, March 2022

 ACKNOWLEDGEMENTS

First, we would really like to thank Mrs. Nguyen Bich Ngoc, our lecturer, for her
professional advice and encouragement during this abstract subject. She explained things
clearly, made it easy to comprehend, and always led us in a detailed and enthusiastic
manner. Her methodology is really scientific, and it allows us to assimilate information
rapidly. She seems to be a very passionate instructor who carefully considers how she
teaches the subject. Without her passion and assistance, we would have struggled to
understand the ethical theories. Moreover, this report would not have been done without
the assistance of our seniors, who provided us with a fantastic reference presentation. So
far, I'd want to thank my incredibly supportive teammates who took responsibility of the
data gathering and data entry processes for this project's analysis. Finally, I'd want to
thank everyone who assisted me in completing this project, and I hope to work with you
again in the future.

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Table of Contents
1. Introduction............................................................................................................................1
1.1. Background of the problem...........................................................................................1
1.2. Objectives.........................................................................................................................1
1.3. Methodology....................................................................................................................1
1.4. Report outline..................................................................................................................1
2. Problem Analysis....................................................................................................................3
2.1. Overview of commercial sex...........................................................................................3
2.1.1. Definition..................................................................................................................3
2.1.2. Types of commercialized sex....................................................................................3
2.1.3. A global view of commercialized sex........................................................................4
2.2. Opinions over commercialized sex................................................................................5
2.2.1. Opinions for commercialized sex.............................................................................5
2.2.2. Opinions against commercialized sex......................................................................6
2.3. Ethical view on commercial sex.....................................................................................6
2.3.1. Deontological Theory...............................................................................................6
2.3.2. Virtue ethics..............................................................................................................7
2.3.3. Consequential Ethical Theory..................................................................................8
2.4. Commercial sex in Vietnam...........................................................................................8
2.4.1. Fact............................................................................................................................8
2.4.2. Media coverage of prostitution legalization.............................................................9
2.5. Our group opinion towards this problem...................................................................11
2.5.1. The reasons why we should legalize commercialized sex.....................................11
2.5.2. Purposes of legalizing commercial sex..................................................................12
2.5.3. Conclusion..............................................................................................................15
2.5.4. Recommendations...................................................................................................16
3. Conclusion.............................................................................................................................18
REFERENCES............................................................................................................................19

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 TABLE OF FIGURES

Table 1. Characteristics of types of prostitution.................................................................4

Table 2. Attitudes toward legalization of prostitution......................................................15

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1. Introduction
1.1. Background of the problem
Economic life is developing more and more, people are sometimes busy running
after work, material, and money, but forgetting the dignity and morality that have existed
for a long time. The selfish desires that each person owns, but because they are not
controlled and well managed, lead to some painful problems that society has to endure,
and commercialized sex is one of them. Prostitution and other forms of commercialized
sex are hotly discussed topics, and contemporary ethical approaches such as social
contract ethics and feminist ethics address the subject of the moral implications and
moral legitimacy of commercialized sex. Within these perspectives, there are differing
viewpoints on whether commercialized sex is morally acceptable or even legal. As a
result, the moral question of whether commercial sex is acceptable or bad could be raised.
This thesis is a modest attempt to describe and evaluate some basic moral conceptions
about commercialized sex from the viewpoints of contractarian ethics and feminist ethics.
For Asian people, commercialized sex is a sign of moral degradation as well as a
loss of dignity for women but the West and some countries in the world have an open
view on this issue, even considering this as an obvious fact. 
In terms of morality, most people in society disagree. In fact, in America or France,
or in any other country, most people don't like commercialized sex at all. But
commercialized sex is also a social fact that many places have accepted that it has to
exist.
1.2. Objectives
The purpose of this study is to provide a comprehensive, systematic, and scientific
view of legal and social issues related to commercialized sex in the world. This report
also presents some respective moral arguments, either defending or rejecting the social
practice of commercialized sex.
1.3. Methodology
The theoretical basis used to study this topic is the points of view of moral theory
such as Deontology, Virtue, or Utilitarianism.
The specific methods used to solve the problems raised in this report are synthesis,
statistics, analysis, and comparison.
1.4. Report outline
This report discusses the morality of commercialized sex throughout four main
parts.

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 The first part that is mentioned in the report is the introduction, providing
information and the general background of the main problem - the morality of
commercialized sex.
The second part of the report contains three main parts. The first part of the body
part gives you an overview of commercialized sex. The second part of the body part
brings you some opinions over-commercialized sex. Last but not least, the report contains
ethical theories and how to apply these theories to this global problem.
The third part writes about commercialized sex in Vietnam - the current situation,
facts and media coverage of prostitution legalization.
The last part will be the conclusion of the report, which will summarize the
information that has been gathered in the report.

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2. Problem Analysis
2.1. Overview of commercial sex
2.1.1. Definition
The trading of money or products for sexual services is known as commercial sex. It
always includes a sex worker and a client as well as a third party on occasion.
Sex work is the arrangement of sexual administrations for cash or products.
Sex laborers are ladies, men, and transgendered individuals who get cash or
products in return for sexual administrations, and who deliberately characterize those
exercises as pay producing regardless of whether they don't consider sex function as their
occupation.
The words "ladies", "men" and "individuals" in this report incorporate physically
dynamic youths. Kids who have not reached the period of pubescence may likewise take
part in sex work, yet they are not the focal point of this record.
Clients are persons (typically males) who purchase sexual services with cash or
even other resources, either expressly or as part of a package that includes other services
like entertainment or domestic servants.
2.1.2. Types of commercialized sex
Prostitutes, call girls, escorts, and dominatrices are examples of commercial sex
workers that perform sexual activities for payment.
Prostitutes are sometimes known as streetwalkers, and they are regarded as the
lowest level of sex workers by the rest of the business. These men and women are
physically on the street, offering "dates" or "johns" to possible clients. Streetwalking
prostitutes are the most dangerous of this category because of their employment on the
streets, the lack of customer screening, and the flexibility of the location of the sexual act.
Call girls and escorts work in another industry, such as a massage clinic, hotel, or
nightclub, and give sexual services to a regular customer base. These individuals usually
interact with pre-screened customers and execute acts on-site, which promotes safety.
Pornography actresses and actors, as well as sexual models, are sexual services
workers who provide audio or visual depictions of themselves. Some of the firms that
make these movies have policies in place for their employees, such as verifying that they
are of 18 years or older to agree to sex and requiring STI testing. Phone sex workers and
those who use webcams to offer live streams of themselves doing sexual activities over
the Internet are examples of this. Because both participants have a high level of

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 anonymity and availability, this type of Internet pornographic content offers a unique
context for the sexual encounter.
People who operate at one or more designated sites delivering sexual entertaining
for an audience in the same area are referred to as commercial sex workers working a live
sexual event or performance. Strippers or exotic dancers, burlesque show performers, and
peep show actresses and actors are all examples of sexually active adolescents.

Table 1. Characteristics of types of prostitution

BUSINESS PRICES EXPLOITATIO RISK OF PUBLIC IMPACT ON

LOCATION CHARG N BY THIRD VIOLENT VISIBILIT COMMUNIT
ED PARTIES VICTIMIZATI Y Y
ON
CALL GIRL Independent High Low to none Low None None
operator; private
premises/hotels
ESCORT Escort agency; High Moderate Low to Very None
private modera low
premises/hotels te
BROTHEL Brothel Modera Moderate Very low Low None, if
WORKER te discreet
MASSAGE Massage parlor Modera Moderate Very low Low Little, if
PARLOR te discreet
WORKER
BAR OR CASINO Bar/casino contact; Low to Low to Low to Moderat Equivalent
e to
WORKER sex elsewhere moderat moderate moderate impact of
e bar/ casino
STREETWALKER Street contact; sex Low High Very high High Adverse
in cars, alleys,
parks, etc.
Note: This table refers to female employees. The brothel and massage parlor employees shown here do not involve those who have
been trafficked or otherwise coerced into prostitution, as their experiences different from those who have chosen this job voluntarily.
Third-party exploitation implies that at least some of the earnings are received by a third party. The threat of violent victimization here
refers to victimization of a prostitute rather than victimization of a customer. The term "impact on community" refers to the
consequences on the quality of life in the surrounding neighborhood.

2.1.3. A global view of commercialized sex

Until now, commercialized sex is still a controversial topic. It is caused by the
extremely different in each region and culture. In particular, some countries consider that
prostitution and all related activities are illegal, such as in Sweden, Thailand and Vietnam
because of concerns about increasing trafficking in women and children, rape, violence
and the rate of sexually transmitted diseases in society. Referring to Thailand, many
people will be surprised to learn that Thailand does not legalize prostitution, but the
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industry is extremely developed. However, rape in this country is the highest in Asia,
from 7-8 cases per 100,000 people, twice as high as the Philippines, 3 times of Singapore
and 5 times of Vietnam.
In Vietnam, according to ILO data in 2018, Vietnam has about 100,000 sex workers,
of which, mainly women. Objects and forms of prostitution are still mainly in the form of
call girls, sex tourists, foreigners selling sex, male prostitutes, gay sex workers,
transgender people selling sex, and sex brokers. This situation causes many crime
problems, including HIV/AIDS infectious diseases.
However, according to the US website Ranker, in fact, in the world, there are about
77 countries that have legalized prostitution and 11 countries that limit this profession but
still allow it. From an economic perspective, there have been very serious studies on this
issue. It can be seen that prostitution is always associated with changes in the economy,
the law of supply and demand of the market and the trade-offs of those directly involved.
According to Lena Edlund and Evelyn Korn, two pioneering female professors in
the study of prostitution: "Prostitution is a multi-billion dollar industry and is the routine
work of millions of female around the world. Recent research by the International Labor
Office shows that in Indonesia, Malaysia, the Philippines, and Thailand, up to 0.25-1.5%
of women are involved in sex work, and this profession contributes between 2-14% of the
total domestic income (GDP)".
In countries that legalize prostitution and its associated activities, typically Austria,
Singapore, and Switzerland. According to statistics in 2014, the Swiss sex industry has
about 20,000 prostitutes, contributing an estimated $3.5 billion, equivalent to 0.5% of
Swiss GDP.
Some places like Australia, Germany, the Netherlands, Hungary, the UK and the US
state of Nevada allow prostitution, but third-party activities are considered illegal. In the
Netherlands, according to 2014 data, the whole Netherlands has more than 40,000
prostitutes and contributes 2.5 billion euros a year in taxes, equivalent to 0.4% of GDP.
2.2. Opinions over commercialized sex
2.2.1. Opinions for commercialized sex
Human sexuality is believed to play a significant role in a person's creative life and
overall development, and it expresses the values of equal respect and concern for
independence, necessitating tolerance of a variety of views on the role of sexuality in
humanity. Any individual selling sex has the right to request whatever resources they

8
need to transition out of prostitution and into a circumstance where they can thrive and
grow.
If it is claimed that commercial sex destroys a prostitute's abilities by emotionally
alienating her, the same points may be made, probably more forcefully, regarding other
sorts of service that our society not only tolerates but encourages. Prostitutes definitely
provide a valuable social service; many people find a sense of emotional release and
comfort with them that they would not otherwise have, and many prostitutes provide
sophisticated supportive and even therapeutic roles for their clients in addition to sexual
services. It is frequently well-paid and well-compensated, and the needs met are profound
and real.
2.2.2. Opinions against commercialized sex
Commercialized sex work has long been regarded as a dangerous vocation. In recent
years, the focus has switched away from individuals who supply sexual services and onto
those who buy them. Simultaneously, prostitution-related women are increasingly being
viewed as victims in need of assistance rather than criminals deserving of punishment.
Debra Satz (1995) presents a viewpoint that includes some fundamental reasons against
commercial sex. This viewpoint is based on the necessity of building and promoting
methods for gender equality in society. She directs her criticisms at pervasive stereotypes
about girls and female prospects in society. Satz describes and explores the specific moral
view of trading sexual services as immoral and unfit to be compared to behaviors in any
work force. She is concerned that commercial sex is a social institution in and of itself
that undermines the conditions for societal growth that promotes gender equality.
Commercial sex is thus harmful to close the gender gap within the creation of an
egalitarian society, and she consequently condemns commercial sex and the act of
prostitution as a major impediment to the process of establishing an equal society.
Satz (1995) expresses her dissatisfaction with two typical charges leveled against
commercialized sex: the economic and the essentialist approaches. According to the
economic viewpoint, commercial sex could be equated to any other sort of physical work
in life. According to this viewpoint, it is only logical cost/benefit analysis that supports
transactions, not specific moral issues inherent in activities. Sexual labor, in this view,
can be reified and handled as a commodity on level with another economic item.
According to the essentialist viewpoint, commercial sex is ethically wrong since it is
intrinsically destructive and injurious to human happiness. According to Satz, the
problem is that commercial sex fosters societal inequities, and we should concentrate our

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moral focus on prescribing proper equitable principled foundations for society, excluding
processes that contribute to and/or reproduce institutional inequalities.
2.3. Ethical view on commercial sex
2.3.1. Deontological Theory
Deontological theory is a theory that states that actions are either good or harmful
based on a set of principles. Actions that adhere to these norms are ethical, but those that
do not are. As a result, they are either correct or incorrect. Deontologists also advise us to
follow the universal laws that we set for ourselves. These norms must be reasonable - in
specific, they have to be logically coherent and not inevitably lead to conflicts. It is
important to remember that deontology is frequently considered as significantly opposed
to consequentialism. This is because deontology holds that by emphasizing the intention
to act in line with our duties, the outcomes of our acts have no ethical relevance at all.
According to deontology, the act of commercial sex may be moral, because its
purpose is ethical. Females believed that sex work allowed them to be "excellent
mothers" and it allows them to cope with their roles as sex workers. Rather than throwing
the concepts of "virtuous motherhood" and "deviant prostitute" against one another, the
responsibility of parenthood and the ability to support one's family financially resulted in
less criticism from these women's family people as a result of their sex trade engagement.
Moreover, those who recognize agency see the ability to set one's own hours, have a say
in the conditions of one's workplace and decide what services to offer as a "self-chosen
means for social and personal betterment," all of which may or may not be available in
other workplace choices available to marginalized women.
2.3.2. Virtue ethics
Virtue ethics is a moral philosophy that emphasizes the importance of virtue. A
steady inclination to behave and feel in accordance with some ideal or model of
perfection is referred to as a virtue. Virtue is a deeply ingrained character attribute that
may influence behavior in a variety of settings. People have the freedom to pick different
aims and personalities for their own "virtue," according to this viewpoint.
When one looks past the act of prostitution and into the person, one may sense
courage and strength. The moral and ethical element does not assess the act as well as the
actor, according to virtue ethics (Borcoman, 2011). Borcoman describes virtue as what is
in a person's heart, not the cause for their actions (Borcoman, 2011). If the community
stopped condemning prostitution and focused on the traits of the prostitute, it might be
able to appreciate the person's inner strength and courage (Borcoman, 2011). A lady who
chooses to become a prostitute because she has no other means to encourage her children
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is bold and gutsy. When one considers the moral, ethical, and religious context, being a
prostitute is not simple. The lady, on the other hand, has decided to defy her principles
because she loves her kids and would go to any length to provide for them. If social
norms were to alter, the lady would be able to cope with the mental and physical strains
of being a prostitute. A mother who has sacrificed her personal, societal, and religious
values for her children does not need to be condemned; she has already made her
decision and recognizes that she is morally unacceptable. It takes guts to lay down your
life for another, and also the woman who is forced to be a prostitute is well aware of the
consequences. When prostitution is legalized and programs are established, the prostitute
may be able to pursue her schooling and eventually leave prostitution behind.
2.3.3. Consequential Ethical Theory
The Consequential Ethical Theory defines a moral action or deed as one that
promotes the optimal outcomes for all parties involved (Easton, 2014). When two
consenting individuals engage in sexual intercourse, it is clear that the act enhances
happiness.
Thus, it becomes a morally accepted decision between the two parties. The debate
over whether or not prostitution should be permitted can be justified as a moral act if the
end result is pleasure (Sinnott-Armstrong, 2003). According to the Consequential Ethical
Theory, a woman who sells her body for financial gain or pleasure is justifiable (Easton,
2014). The Consequential Ethical Theory would grant women the right to govern their
bodies, removing the moral and ethical aspects of prostitution and allowing them to make
their own decisions (Sinnott-Armstrong, 2003).
According to Sinnott-Armstrong, consequentialist ethics is also known as
utilitarianism (Sinnott-Armstrong, 2003). When viewing prostitution through the lens of
utilitarianism, one might defend that prostitution is morally acceptable when making a
moral decision based on the benefits that it will provide (Sinnott-Armstrong, 2003).
Prostitution, according to utilitarianism, is an act that brings happiness to all parties
involved, including the prostitute, the client, and their families. Our society would be
governed by laws and regulations if prostitution were legalized. Legalizing prostitution
would allow the government to develop initiatives to reduce and combat sexual assault,
violence, medical problems, and, if necessary, counseling and therapy. This is a
significant issue that prostitution has created in our culture. If prostitution were legalized,
the current violence associated with it would disappear. Normative ethics, according to
Gowdy, is concerned with what our society considers moral standards or appropriate or
inappropriate social behavior (Gowdy, 2013). The men, women, and children who are

11
victims of the current agony and suffering associated with illegalized prostitution would
benefit if today's social standards changed their views on prostitution and legalized it.
2.4. Commercial sex in Vietnam
2.4.1. Fact
Prostitution is common in Vietnam, despite the fact that it is officially banned. "Hair
salons, karaoke bars, and massage parlors offering "extra services" are plentiful in Hanoi,
as they are in other cities around the country, according to AFP. State personnel
frequently celebrate national holidays and professional accomplishments with a night out
on the town that typically includes huge amounts of booze, a slap-up feast, and an
evening in a karaoke bar followed by more "after hours" entertainment. For clandestine
bedroom fun, mini hotels are the preferred location. Although the government possessed
official statistics on about 14,000 prostitutes, state media reported that the country had
around 37,000 prostitutes in late 2002. According to some estimates, the real amount is
above 130,000. According to one estimate, there were around 50,000 prostitutes in Ho
Chi Minh City alone at one time. Commercialized sex in Vietnam can be found at bars,
cafés, massage parlors, karaoke bars, hotels, and on the streets. Some even ride their
motorcycles around town looking for new clients.
In Vietnam, study publications and conversations tend to focus on the danger of
STDs and HIV among sex workers, rather than gender equality and policy issues.
Through thirty in-depth interviews and sex workers groups functioning in two major
cities, Hanoi and Ho Chi Minh, Ngo et al. (2007) investigated the lives of female sex
workers in Vietnam. The study's findings demonstrate that female sex workers in
Vietnam have little choice for protecting themselves from the dangers of their jobs.
Instead of sex workers, sanctions and rules promote and protect the interests of other
essential parties such as clients and sex brokers. The rate at which sex workers are
abused, exploited, or attacked is entirely determined by their interaction with sex brokers.
The vicious cycle of financial difficulties - sex workers make it impossible for them to
break free. Even when it is necessary to abandon prostitution and seek employment
elsewhere, numerous obstacles stand in the way, such as societal biases, financial
difficulties, threats from sex brokers and gangs, and so on. They lack sufficient
knowledge and understanding of the "fait accompli" position they are about to face as
soon as they decide to work as a sex worker. Starting a prostitution business is extremely
challenging but quitting needs more than a simple exchange of goods and services. In
reality, sex workers don't get much aid from the community or the government.
2.4.2. Media coverage of prostitution legalization

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 The Ho Chi Minh City Law Newspaper (2018) quotes a member of the National
Assembly on the question of "Legalizing prostitution" as follows: "Don't look at
prostitution just through the lens of noble customs and traditions. Is the prostitute
problem, which has endured for hundreds of years, pure culture or custom?'' In
particular, during the seminar "Should sex work be acknowledged as a career field? On
April 5, 2018, Mr. Luu Binh Nhuong, a standing member of the Committee for Social
Affairs of the National Assembly of Vietnam, offered his view on whether or not to
legalize prostitution. This is one of the views on legalizing prostitution expressed by a
member of the National Assembly of Vietnam. Commercialized sex, in his perspective,
should be treated as a distinct profession with its own set of management rules. It would
be preferable to attack the issue from this angle rather than allowing the prostitute
industry to take its course.
Furthermore, while examining the possibility of legalizing prostitution, he does not
analyze it exclusively from a conventional standpoint. He claims that this is an activity
that has occurred for thousands of years in all genders, including men, women, and
homosexuals. The present management punishments are insufficient to keep up with the
growth of this activity.
Mr. Cao Van Thanh, Deputy Director of the Department of Social Vices Prevention
(Ministry of Labour, War Invalids, and Social Affairs), made a comment on the online
platform of the " Báo điện tử Đảng Cộng sản Việt Nam" (2018) - the official information
organization of the Communist Party of Vietnam, that sanctions for administrative
violations with sexual exploitation are not fair because there is no specific policy to deal
with sex buyers. According to him, the legislation governing the prevention and
administration of criminal activities involving prostitutes is not viable in the current
environment. The penalties for prostitution are insufficient and ineffective. He stated that
the establishment of prostitution legislation is focused on the goal of institutionalizing the
notion that sex work is banned in Vietnam. However, the establishment of prostitution
prevention and battle policies and legislation would assure respect for human rights while
concentrating on public measures to lessen the harm caused by prostitution to the
government, sex workers, and society, contributing to the country's stability and growth.
In this article, Dr. Tran Van Dat, Deputy Director of the Department of General
Legislative Affairs (Ministry of Justice), agreed with Mr. Luu Binh Nhuong that the
creation of commercialized sex legislation should be geared progressively toward the
view of prostitution as a vocation. According to him, the authorities should acknowledge
prostitution and establish prostitution management in various zones, as several nations,
and around the globe do. Only then will Vietnam be able to regulate and reduce the
13
spread of sexually transmitted illnesses. There has been a lot of engagement and input
from individuals who have the power to make choices and impact the development of
prostitution regulations in Vietnam. This is one of the key points in the heated argument
over whether or not prostitution should really be allowed. On social media, the debate
raged on several sites, with people in the community offering their thoughts and ideas.
The public's views centered on the benefits and drawbacks of legalizing prostitution in
Vietnam. Perspectives and responses to the issue are also quite diverse: ethical
perspective, management level, legal feasibility, social safety, public health, human
trafficking, and so on. The analysis provided on the Tifosi page on Facebook (2020)
typically received over 8100 responses, 945 comments, and 634 shares. This is a
significant number, indicating public interest in this contentious subject.

2.5. Our group opinion towards this problem

2.5.1. The reasons why we should legalize commercialized sex
Legalization has left a significant illicit prostitution industry in each jurisdiction,
which is likely greater than the legal sector. This is due to a variety of factors. The shame
linked to prostitution has not changed as a result of legalization; this stigma, together
with a reluctance to pay taxes, is one of the primary factors preventing women from
registering as prostitution workers. Minimum criteria, particularly in terms of health and
drug abstinence, are another barrier discouraging women from partaking in legalized
prostitution. It is true that women who work in a legalized brothel are more likely to be
protected from assault. They are, however, occasionally pressured to have sex without
condoms or to welcome a client with whom they do not want to have sex. Clients, on the
other hand, do not limit themselves to regulated brothels and continue to contact women
engaged in illicit prostitution. They have it for a variety of reasons, including decreased
pricing, more availability, and the reality that many men aren't interested in safe sex or
don't want to be supervised or restricted in what they do to the women they meet
(including injury to them). If only because of the existence of warning buttons, such
activity is more difficult in authorized brothels.
On the basis of financial analysis, pimps have likewise been hesitant to support
legalization. While legalizing eliminates the illegal label from their actions and lessens
the chance of arrest and punishment, the cost of institutionalization outweighs the
benefits. In a legalized brothel, the profit margin is less; also, taxes are paid, and women
employed on a salary basis must be awarded individual liberties. Illegal prostitution has
costs associated with it, such as the need to conceal activities, pay bond fees, and so on,

14
but the profit margin allows them to be quickly recouped. Despite preventative steps such
as scrutinizing the arrest histories of applicants for permits, governments that have
legalized prostitution have not been able to prevent criminal elements from entering the
sex business. In several cases, falsified documents have been utilized to get through the
barriers erected by institutionalization, and trafficking victims have been found working
in permitted, legal brothels in all the jurisdictions we investigated. The quality of
enforcement is a critical aspect in the efficacy of legalization and the growth of the legal
prostitution business. Has the approach resulted in more creative and efficient action in
circumstances where enforcement was lax prior to institutionalization?
2.5.2. Purposes of legalizing commercial sex
It is critical to learn from other nations' experiences with legalizing prostitution.
However, when exploring the possibility of legalization in Vietnam, the very first step
should be to investigate the country's unique social, institutional, and political situations;
to identify the identity of the commercial sex that has developed in recent decades; to
examine who is promoting the idea of legalization and why; and to define its goals. The
sections that follow analyze the many purposes of legalization and determine whether
they will be achieved.
● Supporting women's rights as workers: If the purpose of legalizing is to better the
workplace conditions and rights of women in prostitution, it seems dubious that any such
advantage would be realized. In the present scenario, where prostitution is not considered
immoral, women employed in the industry are entitled to a variety of rights, but they
seldom exercise them. Indeed, it is unclear that the majority of women in the sex business
are aware that they have the right to sue their employers in labor courts or through
damages processes. The great majority of proceedings against traffickers and pimps in
Vietnam have been made feasible by the state's assistance for victims of human
trafficking. We have shown unequivocally that legalizing prostitution has not increased
females’ access to the courts in any of the jurisdictions surveyed. The essential key to
alleviating their condition is not legalizing prostitution, but guaranteeing that all women
engaged in prostitution, rather than simply victims of trafficking, have access to legal aid,
even if their level of income implies, they are ineligible under the traditional legal
requirements. Another factor reducing the chances that legalizing prostitution in Vietnam
will improve the situation of the women engaged is a large number of victims of
trafficking and drug addicts working in the local sex business. Women working in
prostitution are particularly susceptible, owing to engrained discrimination as well as the
terrible financial and emotional realities of their existence; they, too, are frequently
exploited. As a result, it is logical to infer that if prostitution is allowed, women will be
15
unable to exercise their rights. Legalization is similar to a proclamation of rights, but it
does not ensure that such rights will be realized in practice. Achieving rights does not
always result from institutionalization, and these liberties might be realized under
Vietnamese law without institutionalization.
● The financial element: Every country that has legalized prostitution has taxed the
legal sex business. It must be questioned if legalization pushed pimps to run all of their
operations lawfully and pay all of their taxes. Furthermore, despite the fact that paying
taxes is a legal requirement in Vietnam, many people do not pay their taxes in full.
Legalization will not impose any additional tax obligations on pimps but would just offer
them certain privileges. Will these rights serve as an inducement to pay taxes? It should
be noted that profits in the legal industry are smaller, and in addition to taxes, brothel-
owners will be compelled to pay national insurance, health insurance, pensions, and so
on.
● Public health: In theory, legalization empowers prostitution workers to require
that their customers participate in protected sex. Nevertheless, as we have seen, they are
not always able to use this authority in practice. The case for legalizing based on a desire
to assist women in protecting their health is only half correct. The public's worry is not
for the health of women, but for the health of their customers because it is the latter who
transmit STDs to their partners. The public is concerned not with the dangers that an
AIDS-infected prostitute faces, but with the threat she poses to the public. When the
public discovers that AIDS-infected women are working in prostitution, panic erupts.
Nothing here is new or shocking. It is only natural for women who have sexual contact
with a big number of men and are unable to protect themselves to develop STDs. The
question is whether they should be held solely responsible for this circumstance while
their clients are absolved of culpability. It is also vital to remember the vast distinction
between women who want to participate in prostitution and those who are forced to do
so. Women forced into prostitution have little control over their working circumstances
and are not normally free to choose whether to have sexual activities or seek testing or
treatment. They enter the world of prostitution from poor socioeconomic backgrounds,
suffering from factors such as lack of education; their awareness of STDs and prevention
strategies is limited. Women who are not forced into prostitution are more aware of the
risks associated with the sex business. They are more aware of STDs and are more likely
to seek testing on their own initiative and to protect themselves by using condoms. A
high prevalence of STDs among prostitute women reflects less on the women themselves
and more on the disease of the community in which they reside. The call to legalize
prostitution so that women working in the industry can be inspected promotes an attitude
16
that absolves the client of the responsibility for having safe sex and places this task
completely on the women. A client has the right to demand unprotected sex at any time,
and women do not necessarily have the right to refuse. Requiring women to undergo
testing may potentially endanger their health, because customers who know they are
indeed being tested may be motivated to demand unprotected intercourse.
● Getting rid of the social stigma: In a 2004 study conducted by Mina Zemah,
participants were asked how they would behave if a qualified job applicant revealed
during the interview that she had previously worked as a prostitute. 34 percent were
certain they would accept the woman; 26 percent believed they would most likely accept
her; 12 percent believed they would most likely reject her, and 22 percent were certain
they would. Although prostitution is not illegal in Vietnam, Vietnamese society opposes
it. Prostitution has been surrounded by stigmas and stereotypes from ancient times, and
it's unlikely that declaring it an official "profession" can remove such deeply rooted
attitudes. The above-mentioned countries' experiences demonstrate that legalizing
prostitution has not remedied the problem or aided women in asserting their rights in
society.
● Transparency keeps criminals from becoming prostitutes: Experience has shown
that a commercial sex work industry does not diminish the existence of illegal
prostitution or might instead exacerbate it. Because sex work is a field full of exploitation
opportunities, and because the women working in the field are vulnerable and readily
exploited, there is reason to believe that even those with no prior criminal history may
participate in trafficking. This is basically what happened to migrant employees, who
were brutally exploited by allegedly respectable and reputable personnel businesses that
ostensibly met all legal requirements except the duty to respect their employees' rights.

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Table 2. Attitudes toward legalization of prostitution

UNITED STATES AGREE (%)

Legalize prostitution (1991) 1
40
Legalize prostitution (1996) 2
26
Decriminalize prostitution, Berkeley, CA (2004) 3
36
Decriminalize prostitution, San Francisco, CA (2008) 4
42
Prostitution does not hurt Nevada’s tourism industry (1988) 5
71
Retain legal brothels, Nevada (2002) 6
52

OTHER NATIONS FAVOR

LEGALIZATION (%)
Britain (1998) 7
61
Britain (2006) 8
65
Canada (1998) 9
71
Czech Republic (1999) 10
70
France (1995) 11
68
Israel (2005) 12
65
Netherlands (1997) 13
73
New Zealand (2003) 14
51
Portugal (2001) 15
54
Western Australia (2000) 16
71
Western Australia (2006) 17
64
Sources: Gallup poll, 1991, N = 1216. Legalize and regulate prostitution to “help reduce the spread of AIDS”; Gallup poll, 1996,
1 2

N = 1019 (“prostitution involving adults 18 years of age and older should be legal”); November, 2004, ballot measure (Measure
3

Q), instructing Berkeley police to treat enforcement of prostitution law as the “lowest priority”; November 2008, ballot measure
4

(Measure K), instructing San Francisco police to discontinue all prostitution arrests and defunding the city’s john school; Nevada 5

poll, N = 1213, conducted November 1988 by the Center for Survey Research at the University of Nevada, Las Vegas. 22% thought
that prostitution “hurts the state’s tourism industry”; Nevada poll, N = 600, Law Vegas Review-Journal, September 17, 2002; ITV
6 7

Poll, reported in Agence France Presse, November 16, 1998, N = 2000 (“legalizing and licensing brothels”); 8 IPSOS/MORI Poll,
January 6–10, 2006, N = 1790 (“prostitution should be legalized”); Compas Poll, Sun Media Newspapers, reported in Edmonton
9

Sun, October 31, 1998, N = 1479 (“legal and tightly regulated” = 65%, “completely legal” = 6%; IVVM poll, reported by Czech 10

News Agency, National News Wire, April 26, 1999 (“legalizing prostitution”); French poll reported in Boston Globe, January 22,
11

1995 (“legalized brothels”); Jerusalem Post, July 19, 2005, N = 500 (legalization of prostitution and licensing of prostitutes );
12 13

Dutch poll cited in Brants (1998) (“legalization of brothels”); New Zealand Herald, May 14, 2003, N = 500. “Don’t know”
14

responses removed from total (legal brothels); Marketest poll of residents of Lisbon and Oporto, reported in Financial Times and
15

Diario de Noticias, August 14, 2001 (“legal brothels”); Sunday Times poll, March 26, 2000 (legalization of brothels); Poll
16 17

reported in The West Australian, February 15, 2006 (legalization of prostitution)

2.5.3. Conclusion
Based on the experience of other countries with the legalization of prostitution, as
well as a public poll and consultation with key stakeholders (prostitutes, attorneys,
specialists), the legalization of prostitution in Vietnam at the present is absolutely
inappropriate for a variety of reasons.
To begin with, the law enforcement system still has numerous flaws. It is difficult to
get the intended result while managing complicated activities such as prostitution. Failure
to successfully supervise this activity contributes to a slew of additional issues, including
corruption, market manipulation, threats to societal safety and security, moral
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degradation, human trafficking, and STD infection.
Second, the legalization of prostitution will not be supported by a large number of
stakeholders. In Vietnam, ethical principles and morals do not let prostitution to function
openly and earn legitimacy as a vocation. This inhibits sex workers, who are the primary
goal of Vietnam's legalization of prostitution, from engaging in changes in policy
pertaining to this sort of activity.
Third, legalizing prostitution in Vietnam violates the Vietnamese constitution's
human rights and ethical norms, which are at the heart of the country's stability and
prosperity.
Finally, rather than raising penalties for these subjects, updating applicable
legislation and current policy instruments to enable sex workers to give up sex work
would be an effective method to cut supply for the sex market rather than legalizing
prostitution. Furthermore, it is critical to quickly supplement new sorts of prostitution
activities, such as homosexual prostitution, prostitution disguised as social interactions,
and so on.
2.5.4. Recommendations
Vietnam may explore the following implications to improve violence prevention
and response, damage reduction, interventions, and community inclusion for prostitution:
Firstly, the Law on Prostitution Prevention and Control, which would replace the
current Prostitution Prevention and Control Ordinance, must be approved. The Law on
Prostitution Prevention and Control should be based on a human rights approach,
bridging legal gaps among Vietnamese law and international standards for defending the
rights of vulnerable communities, and associated with the human rights conference, The
Convention on the Elimination of All Forms of Discrimination Against Women
(CEDAW). This legislation should include clear clauses protecting the right to be
safeguarded from all forms of violence, as well as the right to fair access to support
services free of stigma, racism, and exploitation, and also sex workers' rights.
Second, the Law on Prostitution Prevention and Control should include violent acts
targeting sex workers. These rules will lay the groundwork for the creation of a
mechanism to safeguard sex workers, as well as circumstances for sex workers
(particularly female sex workers) to overcome their inferiority complexes, fear, and easy
access to protective agencies in the event of an emergency.
Third, the legislation should provide that sex workers who are victims of violence
have access to state-provided medical treatment and legal assistance. Sex workers are an
19
underprivileged sector of society who require assistance with medical issues in order to
protect their health and enhance the preventative measures and widespread use of social
illnesses; assistance with legal issues in order to help them easily solve difficult
problems, find early solutions to get out of prostitution, improve their understanding of
rights and prevention actions to safeguard and defend their rights against infringing acts;
and assistance with legal issues in order to help them solve legal problems in life.
Fourth, expand rules to include vocational training, job placement, and credit loans
to help sex workers. Sex workers will be able to plan for changing occupations and
altering their life; they will not be required to prove their willingness to leave their
profession in order to access and benefit from these measures.
Last but not least, new varieties of prostitution, such as homosexual prostitution and
disguised prostitution, should be addressed in the publication of regulations, as should the
growth of prostitution through high-tech means, such as utilizing a social network or
communication application. When all of the above proposals are implemented
simultaneously and efficiently, the status of prostitution in Vietnam will undoubtedly
change for the better, benefiting both the community and prostitution. It is a more
effective measure in Vietnam than legalizing commercialized sex.

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3. Conclusion
Fear, drugs and alcohol abuse, violence, sexual abuse, mental abuse, depression, and
sickness are among factors that contribute to commercialized sex in today's culture.
Prostitution would be beneficial to our society if it were legalized. Legalized prostitution
would establish laws, rules, and restrictions to assist address the current state of terror and
violence in the prostitution industry. Programs would be formed to regulate and
overcome the violence and sickness linked with the illegal prostitution that now exists in
our society. Legalized prostitution would safeguard the prostitute's, client's, and family's
rights. We also believe that legalizing prostitution would mark the beginning of the end
of prostitution as a whole. Because once authorized, there will be programs and education
to help people understand that there are better ways to maintain a family. It is past time to
put an end to the violence and suffering involved with prostitution, and the only way to
do so is to legalize it.
Or if not legalized, we want to change the attitude towards commercialized sex, for
example, it can be considered a profession, but allowed to operate, like in Thailand, in
certain areas, this reduces risks to sex workers, as well as their clients. So that these
people can be provided with medical services, security services, etc. What we try to say is
that, even though we hate prostitution, even we don't accept it, it still exists, as long as
there are humans, prostitution will exist, because there are still people who need this
service.
Although the vast majority of society can have good and happy families, there are
still some people who cannot afford to have a family, who still need a sexual service, and
if a sexual service is conducted in a serious and safe manner, it is perhaps beneficial to
those who need it, while at the same time providing security to society.

21
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Prostitution in Vietnam. (2014, May). From Facts and Details:

https://factsanddetails.com/southeast-asia/Vietnam/sub5_9c/entry-3419.html
Keller, K. (May 15, 2018). The ethics of "prostitution".
Knowles , S. J. (12-2010). Commercial sex workers: Lives and practices .
Nguyen, N. T., Nguyen, H. T., Nguyen, N. T., Nguyen, T. T., & Nguyen, L. V. (2011).
Mại dâm và vấn đề đạo đức kinh doanh trong xã hội hiện nay.
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quoc-gia-20200714201419534.chn
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Weitzer, R. (2009). Sex For Sale. Taylor and Francis.

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 INDEX

commercial sex-------------------------------------------------------------------1, 3, 4, 6, 7, 12, 14

Consequential Ethical Theory-----------------------------------------------------------------------8
Deontology-----------------------------------------------------------------------------------------1, 7
legalize----------------------------------------------------------------------------1, 5, 10, 11, 13, 18
prostitutes-----------------------------------------------------------------------3, 5, 6, 9, 10, 14, 15
Prostitution-------------------------------------------------------------1, 5, 8, 9, 14, 15, 16, 18, 19
Virtue ethics----------------------------------------------------------------------------------------1, 7

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