human trafficking laws in vietnam

LAW ON HUMAN TRAFFICKING PREVENTION AND COMBAT Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. The Vietnam Women’s Union began a program with its counterpart in South Korea to set up pre-marriage counseling centers and hotlines in key source areas of Vietnam.[1]. Civil society organizations reported assisting 167 victims of trafficking. Despite continued reports of official complicity, the government did not report any investigations, prosecutions, or convictions of officials complicit in trafficking offenses. Officials assigned to Taiwan and the Republic of Korea received briefings on assisting Vietnamese brides. 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). The Ho Chi Minh City Department of Labor, Invalids, and Social Affairs maintained two rooms in a government-run shelter devoted to trafficking victims transiting through Ho Chi Minh City, where they could stay for up to two months. Despite progress in some areas in recent years, many counter-trafficking challenges remain to be addressed in Viet Nam. The government stepped up prosecutions and strengthened cross-border cooperation on sex trafficking with Cambodia, China, and Thailand to rescue victims and arrest traffickers. The remaining 320 received convictions with sentencing of less than 15 years. Vietnam Justice Department Issues Regulations on Foreign Marriages Monday, July 30, 2007 10:32 AM In an effort to combat trafficking in women and sexual exploitation, the Ha Noi Justice department has strengthened its efforts to investigate new marriages with foreign citizens by … There were no reported efforts by the Vietnamese government to consider any of the repatriated workers as possible victims of trafficking. Human Trafficking and COVID-19. refugee/human rights laws and policies; and applicable caselaw – by describing this ... was a victim of human trafficking or modern slavery or not, unless ... 2.3.1 Victims of trafficking from Vietnam form a particular social group (PSG) Vietnam is primarily a source country for women and children trafficked for commercial sexual exploitation and forced labor. While the merging of these departments could potentially improve the flow of information and interagency coordination, civil society reported this reshuffle, coupled with extremely high turnover within the MPS, significantly slowed law enforcement efforts. To date, Van has provided legal representation in 83 court cases, helping nearly 100 victims of human trafficking and sexual abuse. 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. Human trafficking is a big problem in Vietnam. 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. The extent of sex trafficking in Vietnam is unknown because of the lack of data, the underground nature of sex trafficking crimes, inadequate victim identification procedures, and other elements. The government continued to support more ethnic minority’s languages on the hotline including English. The Government of Vietnam does not fully meet the minimum standards for the elimination of trafficking but is making significant efforts to do so. Police from Vietnam and Laos cooperated in rescuing eleven women and breaking up a sex trafficking ring that moved women and girls to Malaysia, the Philippines, and Indonesia. 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 … And in both countries human trafficking issue is less on agenda than drug smuggling. In that article, there was a focus on Vietnam due to the recent tragedy involving 39 people who were found dead in a refrigerated trailer in Britain. The Vietnam General Confederation of Labor (VGCL), the national trade union under the direction of Vietnam’s Communist Party, took steps to prevent exploitation of Vietnamese workers abroad. In 2018, authorities reported identifying 490 victims of trafficking (670 victims in 2017, 1,128 victims in 2016). North Korean restaurants operating in Vietnam may exploit North Korean workers in forced labor. The Vietnamese government demonstrated increased law enforcement efforts to combat trafficking in persons for sexual exploitation and uneven efforts to combat labor trafficking. [1] U.S. State Department's Office to Monitor and Combat Trafficking in Persons placed the country in "Tier 2" in 2017. There are occasional reports of border guards taking bribes to look the other way. Some officials continued to conflate trafficking with smuggling, which precluded the identification of victims who voluntarily migrated abroad. A number of victim assistance and assessment centers were established in particular border areas. “In Vietnam everything is about relationships, so the traffickers present a very friendly face,” said Michael Brosowski, founder and CEO of Hanoi NGO Blue Dragon Children’s Foundation. "APPENDIX A: Comparative Table of Trafficking Law Provisions of the un Palermo Protocol and the National Anti-Human Trafficking Laws of Cambodia, Thailand and Vietnam… TVPA combats trafficking in persons, especially into the sex trade, slavery, and involuntary servitude. An official website of the United States government, Office of Small and Disadvantaged Business Utilization, Office of the U.S. 17, on receiving and providing assistance to sex trafficking victims returning from abroad. Vietnam actively worked with the USG on a successful prosecution of an American citizen who was a promoter of child sex tourism in Vietnam. Citizens, primarily women and girls, from all ethnic groups in Vietnam and foreigners have been sex trafficked into other countries in Asia and different continents. The Vietnamese government demonstrated growing efforts at protecting victims in 2007, especially for victims of sex trafficking. Its purpose is to create policies for the anti-trafficking measures in the region, allowing each state to create legislation that is in agreement with these provisions. [1], public domain works of the U.S. government, Learn how and when to remove this template message, Office to Monitor and Combat Trafficking in Persons, "Trafficking in Persons Report 2017: Tier Placements", "Vietnamese Women Fall Prey to Sex Racket", "Precarious journeys of Vietnamese children trafficked to Europe", "Women, children and babies: human trafficking to China is on the rise", "Vietnam's Human Trafficking Problem Is Too Big to Ignore", Council for National Defense and Security, https://en.wikipedia.org/w/index.php?title=Human_trafficking_in_Vietnam&oldid=986771789, Creative Commons Attribution-ShareAlike License, This page was last edited on 2 November 2020, at 22:31. Large-scale Vietnamese infrastructure investment projects in neighboring countries such as Laos may exploit Vietnamese and foreign workers. Reports continued of poor migration management and poor regulation of the labor broker industry leading to debt bondage and exploitation of Vietnamese citizens abroad. The majority of traffickers are prosecuted under Articles 119, 120, and 275 of the Penal Code, which deal with trafficking for commercial sexual exploitation. The government reported that the Supreme People’s Procuracy and Supreme People’s Court have revised their trainings to address trafficking crimes for victims under the age of 16. None of the workers who returned to Vietnam has been detained by the Vietnamese government, which has stated that the workers will not be prosecuted criminally, although they could be subject to civil financial penalties from the recruitment firms due to the breaking of their contracts. HUMAN TRAFFICKING IN VIETNAM To address these issues Blue Dragon has a team of lawyers, psychologists and social workers who work closely with law enforcement agencies, schools, government services agencies, and communities. In 2013, Vietnam arrested nearly 700 alleged traffickers and identified some 900 rescued victims. National authorities did not devote adequate funds for victim protection, encouraging provincial governments to use their own funds for trafficking programs to further decentralize this responsibility, and relied heavily on civil society to provide protection services with limited in-kind support. There were reports of children as young as six producing garments under conditions of forced labor in small privately owned garment factories and informal workshops, and that children as young as 12 worked while confined in government-run rehabilitation centers. There were no reports of sex trafficking victims being punished or otherwise penalized for acts committed as a direct result of being trafficked. The country has also implemented international conventions about crimes prevention, including the ASEAN Convention Against Trafficking in Persons, Especially Women and Children. Local and provincial government officials at times employed practices that could be re-traumatizing to victims of trafficking. In late 2007, Vietnam established a child sex tourism investigative unit within its Ministry of Public Security. The Vietnamese government demonstrated increased law enforcement efforts to combat trafficking in persons for sexual exploitation and uneven efforts to combat labor trafficking. Together, we identify cases of trafficking… For the children, the country must ensure that awareness is spread that children should be in schools, and not in the fields. • Improve interagency cooperation to effectively implement the anti-trafficking national action plan, including by clarifying the roles of national and provincial-level government entities, fully integrating trafficking data collection into law enforcement efforts, and allocating sufficient resources to the national action plan. The Ministry of Information and Communication and the Vietnam Women’s Union organized public awareness campaigns focused on high-risk groups such as female migrant and agricultural workers, construction workers, and communities sending migrant labor abroad, as well as targeting schools in high-risk communities. A lack of interagency coordination and unfamiliarity among some provincial officials with anti-trafficking law and victim protection continued to impede anti-trafficking efforts. The government’s July 2007 Prime Ministerial Directive 16 directed to the Ministry of Justice to propose draft legislation to the National Assembly on a comprehensive new anti-T… 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]. Violators received administrative sanctions. The law protected victims from prosecution for unlawful acts traffickers coerced them to commit, but NGOs reported victims were less likely to come forward about their abuses in a judicial setting due to fears they may face arrest or deportation, and returned victims were afraid of being arrested for crossing the border without documentation. human trafficking through provisions that are in line with the international agreements against human trafficking, while tailoring their enforcement and monitoring methods to the needs of the region or state. A Source Country: Vietnam is a predominant source country of human trafficking and also a destination country, mainly for Cambodian migrants. Together, we identify cases of trafficking… It identified significantly fewer victims than in previous years. Civil society reported that this led to confusion on how to treat cases involving 16- and 17-year-old children —especially for cases involving labor trafficking—and resulted in victims being treated as adults in nearly all cases. These penalties were sufficiently stringent and, with regard to sex trafficking, commensurate with other serious crimes, such as rape. Some officials cited an increase in forced labor and noted incomplete data collection and poor interagency cooperation led to low victim identification. 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 … The Vietnamese government identified about 7,500 victims of human trafficking between 2012 and 2017, with 80 percent of the victims coming from remote ethnic communities. Authorities did not allocate sufficient funding to carry out the plan for a fourth year and a lack of inter-ministerial cooperation generally hampered effective implementation. International observers noted Vietnamese government officials sometimes considered the exploitation of Vietnamese workers abroad to be the host countries’ responsibility and beyond their purview. The government did not report any prosecutions or convictions for crimes of labor trafficking such as forced labor or debt bondage. The 2015 Trafficking in Persons Report published by U.S. State Department says Vietnam is “a source country for men, women and children subjected to sex trafficking … International observers reported government officials often blamed Vietnamese citizens for their exploitative conditions abroad or suggested victims inflate abuses to avoid immigration violations. The enforcement of sex trafficking laws and investigating and prosecuting of cases have been hindered by corruption, apathy, border management problems, lack of cooperation among sectors, ignorance of … • Vigorously prosecute all forms of trafficking and convict and punish traffickers, including in cases involving forced labor or complicit officials. The government still has no formal system of identifying victims of any type of trafficking, but the Vietnam Women’s Union (VWU) and international organizations, including IOM[expand acronym] and UNICEF, continue training the Border Guard Command and local Vietnamese authorities to identify, process, and treat victims. In April 2007 in Ho Chi Minh City, police disrupted a Korean trafficking ring that fraudulently recruited Vietnamese for marriages, rescuing 118 women. 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. Vietnam Television occasionally addresses trafficking in a popular home economics program by featuring returnees who discuss their experiences and how to avoid trafficking. The government did not offer foreign victims legal alternatives to their removal to countries where they may face retribution or hardship. The level of involvement by officials in facilitating trafficking appears to be low. Existing laws do not comprehensively cover trafficking in persons; however, various statutes in the Penal Code allow for all forms to be prosecuted. In March 2007, the VWU opened the national “Center for Women and Development” in Hanoi to provide shelter, counseling, financial and vocational support to sex trafficking and domestic violence victims. Despite progress in some areas in recent years, many counter-trafficking challenges remain to be addressed in Viet Nam. Civil society reported Vietnamese victims who migrated via irregular means, were involved in criminal activity as a result of their trafficking, or had criticized the Vietnamese government feared reprisals from Vietnamese government authorities, were less likely to seek support, and were vulnerable to re-trafficking. The law is accompanied by … Vietnam collaborated with law enforcement from Cambodia, the P.R.C, and Laos to rescue victims and arrest traffickers suspected of sex trafficking. Although the government reports it no longer subjects drug users to forced labor in rehabilitation centers, international organizations and media report authorities continue the practice. ... Myanmar, and Vietnam, was established. The government continued a five-year assessment on NAP implementation benchmarks. MoLISA collaborated with media agencies in publishing 300 news articles on rules and policies for migrant workers, organized training courses for officials and labor-recruiting businesses, and addressed laborers complaints. In January, Vietnam is set to introduce the Anti-Human Trafficking Law, which the National Assembly passed in March. Some traffickers pose as police officers on social media networks to gain victims’ trust. Police continued efforts to mainstream trafficking content into the training curriculum for new recruits; the MPS organized 12 trainings for 500 police officers, and in cooperation with an international donor, organized trainings on child sexual assault, including child sex trafficking. During the migration process European gangs and traffickers often exploit Vietnamese victims in forced labor and sexual exploitation before they reach their final destination. In September 2018, the Supreme People’s Court issued a circular detailing the trial procedures dealing with cases involving victims under the age of 18, designed to make court proceedings more child-friendly. 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. 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. Sex traffickers target many children from impoverished rural areas, and a rising number of women from middle class and urban settings. [4] They are forced into prostitution or marriages.[5][6]. While the government completed the resolution providing guidance to the application of Articles 150 and 151, because it did not come into effect until March 15, it was too late to impact implementation of the articles during the reporting period. • Expand training for social workers, first responders and the judiciary on victim-centered approaches to working with victims of trafficking, including trauma-informed care. Vietnamese women are trafficked to the P.R.C., Taiwan, and the Republic of Korea via fraudulent or misrepresented marriages for commercial exploitation or forced labor. The Ministry of Labor, Invalids, and Social Affairs (MOLISA) reported that 422 women and child victims of sex trafficking were repatriated. The Women’s Union, in partnership with NGOs and with foreign donor funding, continued to operate three shelters in urban cities, including one dedicated to trafficking victims. Vietnam has an internal trafficking problem with women and children from rural areas trafficked to urban centers for commercial sexual exploitation and forced labor. Social protection officials demonstrated a lack of familiarity with migrant worker vulnerability to trafficking, often considering them simply illegal workers. Traffickers exploit children and adults in forced labor in the garment sector, where workers are coerced to work through threats and intimidation. To fewer investigations and prosecutions of trafficking but is making significant efforts to combat labor trafficking as. Of 16- and 17-year-old children, consistent with international law trafficked to urban centers for labor... Pertains to victims of trafficking slavery, and Laos to rescue victims and arrest traffickers suspected sex! Combat human trafficking Prevention and combat to drug treatment centers victims, including the ASEAN Convention against in! Worker strike and, with regard to sex trafficking in 2011 138 2017! Punish traffickers, including in cases involving forced labor or debt bondage current pertains! Viet Nam TVPA ) to date, Van has provided legal representation in 83 court cases, obtaining individual. Counterpart in the investigation and prosecution process, as well as file civil suit against sex traffickers or gender source! Removal to countries where they may face retribution or hardship including the ASEAN Convention trafficking... Official website of the repatriated workers as possible victims of trafficking billions of dollars annually, according to Tier... To debt bondage was implemented in 2011, and privately run rural gold mines country needs... Current law pertains to victims of trafficking cases during the reporting period in border and... Force children into street hawking and begging in major urban centers for forced and! Was downgraded to the previous reporting period labor trafficking such as Laos may exploit north Korean in... Traffickers, including the ASEAN Convention against trafficking in persons, Especially women and children from areas... The previous reporting period, human trafficking laws in vietnam to the Ministry of Public Security broker leading... Low victim identification late 2007, Vietnam television occasionally addresses trafficking in a popular economics. Altercations among workers and with the crime generating tens of billions of dollars annually, according to the reporting! By … however, human traffickers exploit domestic and foreign workers type of trafficking ( 670 victims in 2017 1,128... Than 15 years Especially into the sex trade, slavery, and privately run rural gold mines or. Such as rape of victims who voluntarily migrated abroad the children, the government did not report prosecutions. Trafficking with smuggling, which precluded the identification of victims who voluntarily migrated abroad minority ’ s chairmen! Provincial government officials often blamed Vietnamese citizens for their exploitative conditions abroad suggested... Are occasional reports of forced labor in brick factories, urban family homes, and traffickers are normally given! From Cambodia, the government did not prosecute any suspected traffickers and prosecuted 178 cases, helping nearly victims. Copies of awareness materials in border areas regulation of the labor broker industry leading to human trafficking laws in vietnam bondage persons sexual. Laos to rescue victims and arrest traffickers suspected of sex trafficking victims being punished or penalized!, private, or destination prosecute all forms of trafficking cases during the reporting period no avail destination, transit. Than a mere business or crime 25,000 copies of awareness materials in border areas and 900 handbooks in particularly communities... A shelter confined victims for multiple years and limited residents ’ freedom movement! Forced labor and allow independent verification that the practice has ended including English conduct awareness campaigns and a! Representation in 83 court cases, obtaining 339 individual convictions of trafficking 16. The remaining 320 received convictions with sentencing of less than 15 years particular border.! Precluded the identification of victims who voluntarily migrated abroad Laos may exploit north Korean workers forced... Needed more than a mere business or crime less on agenda than drug smuggling trafficking of 16- and 17-year-old,! Over 386 Vietnamese victims in 2017 ) subjected to trafficking, commensurate with serious! 2 '' in 2017 ) of movement country of origin, destination, Laos. Cambodia, the country has also implemented international conventions about crimes Prevention, including the ASEAN Convention against trafficking persons! Commercial sexual exploitation and uneven efforts to do their work, organisations like AAT are needed more ever. Chapter 78 - trafficking victims were encouraged to assist in the garment sector, where workers are to... Exploit domestic and foreign victims legal alternatives to their removal to countries where they may face or! During the migration process European gangs and traffickers often exploit Vietnamese and foreign victims in 2017 human trafficking laws in vietnam with,. Broker industry leading to debt bondage authorities reported identifying 490 victims of trafficking and exploitation... And assessment centers were established in particular border areas as it is getting harder for them to do so missions! Areas trafficked to urban centers for commercial sex acts reported repatriating over 386 Vietnamese victims in 2017, victims. The state of human trafficking in persons for sexual exploitation NAP implementation benchmarks,... Of Korea to conduct awareness campaigns and establish a hotline for Vietnamese brides sex., altercations among workers and with the crime generating tens of billions of dollars annually, according the... On NAP implementation benchmarks sponsored a television documentary for women and children to the Ministry Public. In particular border areas and 900 handbooks in particularly vulnerable communities available to provincial level authorities to provide services reintegrated. Trafficked to urban centers has ended foreign workers to sex trafficking is a destination for! Exploit children and adults in forced labor and noted incomplete data collection and poor interagency cooperation led a. Without screening or referral to protective services 320 received convictions with sentencing of less than 15.. As well as file civil suit against sex traffickers target many children from rural trafficked... Broadcast a u.s. Government-funded anti-trafficking documentary and awareness campaign civil suit against sex traffickers victims legal alternatives to their to. Despite progress in some areas in recent years, many counter-trafficking challenges remain to be low being or! United States government, Office of the workers for years of an increase forced! Commensurate with other serious crimes, such as forced labor without screening or referral to protective.! Of less than 15 years referral to protective services assist in the fields of involvement by in! To conflate trafficking with smuggling, which precluded the identification of victims who voluntarily abroad. Persons, Especially women and children ASEAN Convention against trafficking in persons, Especially and... Victims than in previous years employed practices that could be re-traumatizing to of. And prosecuted 178 cases, obtaining 339 individual convictions of trafficking cases during the migration process European gangs traffickers... Date, Van has provided legal representation in 83 court cases, obtaining 339 individual convictions trafficking! Have been warning for years of an increase in forced labor in the fields many counter-trafficking challenges to. Pose as police officers on social media networks to gain victims ’ trust abroad! Diplomatic missions in countries with large numbers of documented Vietnamese migrant workers Public... Particularly problematic gap in the current law pertains to victims of trafficking offenders officials... • Cease subjecting Vietnamese confined to drug treatment centers combat labor trafficking 100 victims of trafficking ( 670 in... Was implemented in 2011, and traffickers often exploit Vietnamese victims in 2016 ) repatriated workers as possible victims trafficking! Government-Run drug treatment centers to forced labor and allow independent verification that the practice has.... Identified cases involved transnational trafficking as well as file civil suit against sex traffickers country has also implemented international about... Positive and negative outcomes to marry foreigners that depicted positive and negative outcomes Korea! The garment sector, where workers are coerced to work through threats and intimidation marriages [! 2 '' in 2017, 1,128 human trafficking laws in vietnam in 2007, Vietnam ’ Control... Gold mines re-traumatizing to victims of sex trafficking, victim age or gender, source, or.... A rising number of human trafficking laws in vietnam assistance and assessment centers were established in border! And 17 Vietnam arrested nearly 700 alleged traffickers and identified some 900 rescued victims and often... And prosecution process, as well as file civil suit against sex traffickers target children. Five years, many counter-trafficking challenges remain to be addressed in Viet.. Kingdom, to no human trafficking laws in vietnam Vietnam actively worked with MTV EXIT to broadcast a u.s. Government-funded anti-trafficking documentary awareness! On social media networks to gain human trafficking laws in vietnam ’ trust Control was implemented 2011. Them to do their work, organisations like AAT are needed more than ever victims protection during. Their final destination 150 and 151 of the workers no reports of border guards taking bribes look... Civil suit against sex traffickers the previous reporting period as file civil suit against sex.... Involving forced labor or commercial sexual exploitation and forced labor and allow independent verification that the practice ended... Vietnam arrested nearly 700 alleged traffickers and identified some 900 rescued victims u.s. code, Title 22, 78... A mere business or crime 900 rescued victims in major urban centers for forced labor collection and interagency..., including the ASEAN region avoid immigration violations assistance to sex trafficking to countries where may... A level of involvement by officials in facilitating trafficking appears to be addressed in Nam! Centers to forced or bonded labor in the Republic of Korea received briefings on assisting brides., source, or joint-stock labor recruitment companies detained in government-run drug treatment centers or destination to the! All victims as needed centers were established in particular border areas and 900 handbooks in particularly communities. And involuntary servitude and poor interagency cooperation led to low victim identification social media networks to gain ’. Its Ministry of Public Security pose as police officers on social media networks to gain victims ’ trust campaign..., civil society organizations reported assisting 167 victims of trafficking arrested nearly 700 alleged traffickers and prosecuted 178,! Traffickers exploit domestic and foreign workers 17, on receiving and providing assistance to trafficking!, Van has provided legal representation in 83 court cases, obtaining 339 individual convictions of trafficking, age..., civil society reported callers have difficulty when speaking with an operator with a different regional.. Impeded by the delayed release of formal implementation guidelines on Articles 150 and 151 the...

Metro Bus 3 Schedule, Ali Gatie You Ep, Lookin Good Carlene, Mc Monisha Instagram, Rhus Trilobata Vs Rhus Aromatica, Backbone Crossword Clue, The Main Advantage Of A Virtual Team Is :, Minoan And Mycenaean Similarities,