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human trafficking laws in vietnam

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In 2018, the government reported assisting all 490 identified victims (500 in 2017, 600 in 2016) with initial psychological counseling, healthcare consultations, and legal and financial assistance; the government reported providing an unspecified number of victims with reintegration assistance, including small business loans. The government decreased law enforcement efforts. The VWU and the Vietnam Youth Union conducted events including advertisements, radio and television campaigns as well as targeted events at schools in high-risk areas. Prisoners reportedly work in agriculture and manufacturing, and there have been reports of prisoners of conscience working in hazardous industries such as cashew processing. • Coordinate and effectively implement policies across government agencies to identify and assist victims among vulnerable groups, such as migrant workers, individuals in prostitution, and child laborers, and train relevant officials on these procedures. 3 | page table of contents acknowledgments 2 list of abbreviations 4 executive summary 5 1. introduction 6 2. human trafficking in vietnam 8 3. legal framework in the context of human trafficking 10 3.1 ideal legal requirements for an nrm 10 3.2 law on prevention, suppression against human trafficking in vietnam 11 3.3 penal code 13 3.4 labor code 15 3.5 bi-lateral and multi-lateral agreements 15 51/2001/QH10; The National Assembly promulgates the Law on Human Trafficking Prevention and Combat. The ASEAN Post recently published an article regarding the state of human trafficking in the ASEAN region. Even as it is getting harder for them to do their work, organisations like AAT are needed more than ever. By Lindsey King . The country has recorded over 3,400 victims of human trafficking since 2013, over 90 percent of them women, children and people from ethnic minority communities. 3.2 Definition of Trafficking under Vietnamese Law 51 3.3 Human Trafficking as an Issue in Vietnam 56 3.3.1 The context of Vietnam 56 3.3.2 The Nature of Human Trafficking in Vietnam 58 3.4 Vietnamese Legal Framework on Trafficking Prevention and Victim Protection 62 3.4.1 Regulations on Trafficking … Vietnam is primarily a source country for women and children trafficked for commercial sexual exploitation and forced labor. The Directive also imposed a level of accountability on all provincial People’s Committee chairmen for combating trafficking in persons. The remaining 320 received convictions with sentencing of less than 15 years. Vietnam is a human trafficking hotspot with the crime generating tens of billions of dollars annually, according to the Ministry of Public Security. However, Vietnam’s control of child trafficking within the country itself needs to increase. Existing laws do not comprehensively cover trafficking in persons; however, various statutes in the Penal Code allow for all forms to be prosecuted. A number of victim assistance and assessment centers were established in particular border areas. The Ministry of Labor, Invalids, and Social Affairs (MoLISA) and government-affiliated Women’s Unions often referred victims to NGOs depending on their individual needs. Inconsistent with international law, Article 150 applies to children between the ages of 16 and 17 years old, and requires a demonstration of force, fraud, or coercion to constitute a sex trafficking offense; it therefore did not criminalize all forms of child sex trafficking. The definition of trafficking in the country’s trafficking in persons law does not fully correspond with international definitions, and may conflate smuggling and human trafficking … In July, the Ho Chi Minh People’s Court convicted six Vietnamese with sentences ranging from 5–12 years for trafficking 126 women to Malaysia under the guise of a matchmaking agency.[1]. The government maintained common victim identification criteria as part of the Coordinated Mekong Ministerial Initiative against Human Trafficking (COMMIT) and maintained its own formal procedure for victim identification, but it did not proactively or widely employ either mechanism among such vulnerable groups as women arrested for prostitution, migrant workers returning from abroad, and child laborers. The government reported repatriating over 386 Vietnamese victims in 2018 (138 in 2017). In 2007, an Australian non-governmental organization (NGO) uncovered 80 cases of commercial sexual exploitation of children by foreign tourists in the Sa Pa tourist area of Vietnam alone. Together, we identify cases of trafficking… Internal trafficking only became officially recognized in 2011, and traffickers are normally not given harsh punishments. Vietnam is increasingly a destination for child sex tourism, with perpetrators from Japan, the Republic of Korea, the P.R.C., Taiwan, the UK, Australia, Europe, and the U.S. The trafficking of vulnerable young people from Vietnam to the UK is on the rise, with the majority trafficked into cannabis production, nail bars and forced prostitution. Vietnam collaborated with law enforcement from Cambodia, the P.R.C, and Laos to rescue victims and arrest traffickers suspected of sex trafficking. The VWU collaborated with its counterpart in the Republic of Korea to conduct awareness campaigns and establish a hotline for Vietnamese brides. To date, Van has provided legal representation in 83 court cases, helping nearly 100 victims of human trafficking and sexual abuse. Article 150 of the penal code criminalized labor trafficking and sex trafficking of adults and prescribed penalties of five to 10 years’ imprisonment and fines of 20 million to 100 million Vietnamese dong (VND) ($862 to $4,310). • Vigorously prosecute all forms of trafficking and convict and punish traffickers, including in cases involving forced labor or complicit officials. A particularly problematic gap in the current law pertains to victims of trafficking aged 16 and 17. Foreign victims, including children, remained at high risk of deportation without screening or referral to protective services. The government encouraged trafficking victims to assist in judicial proceedings against traffickers and offered them some protection and compensation, including child-friendly courtrooms and not requiring victims to be present at trial; however, the government did not report the extent to which they applied these measures. Social protection officials demonstrated a lack of familiarity with migrant worker vulnerability to trafficking, often considering them simply illegal workers. Some Vietnamese women who travel abroad for internationally brokered marriages or jobs in restaurants, massage parlors, and karaoke bars—including to China, Cyprus, Japan, Korea, Malaysia, Saudi Arabia, Singapore, and Taiwan—are subjected to domestic servitude or sex trafficking. NGOs and the media in Japan reported Vietnamese workers pay $7,000 to third party brokers in Vietnam before entering the TITP program and then often must pay $4,000 to $5,000 if they break their contracts, trapping them in debt bondage. A lack of coordination across provincial-level agencies, persistent budgetary constraints, poor understanding of the relevant legislation among local officials, and confusion about individual provinces’ roles and responsibilities in the context of the national action plan continued to hamper effective law enforcement efforts. The government stepped up prosecutions and strengthened cross-border cooperation on sex trafficking with Cambodia, China, and Thailand to rescue victims and arrest traffickers. Traffickers force children into street hawking and begging in major urban centers. Traffickers exploit children and adults in forced labor in the garment sector, where workers are coerced to work through threats and intimidation. Contrary to international best practices, a shelter confined victims for multiple years and limited residents’ freedom of movement. Việt Nam sets aside every July 30 as the national day against traffickers. Vietnamese men and women migrate abroad for work independently or through state-owned, private, or joint-stock labor recruitment companies. [4] They are forced into prostitution or marriages.[5][6]. Traffickers increasingly exploit girls from ethnic minority communities in the northwest highlands, including in sex trafficking and domestic servitude, by channeling their criminal activities through the traditional practice of bride kidnapping. Needs to increase transit for sexually trafficked persons, the government continued to progress... Promulgates the law on human trafficking in a range of ways about crimes Prevention, including cases... Foreign victims in forced labor in brick factories, urban family homes, and to... Trafficking cases during the reporting period on a successful prosecution of an American citizen who was a of. Human trafficking in a range of ways were no reports of sex trafficking victims were encouraged assist! 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