human trafficking laws in vietnam

Vietnamese men and women migrate abroad for work independently or through state-owned, private, or joint-stock labor recruitment companies. U.S. State Department's Office to Monitor and Combat Trafficking in Persons placed the country in "Tier 2" in 2017. It sponsored a television documentary for women planning to marry foreigners that depicted positive and negative outcomes. These efforts included disseminating implementing guidelines for Articles 150 and 151 of the penal code, operating large-scale awareness campaigns in communities vulnerable to trafficking, and government facilitated trainings for Consular officers, police, and other relevant agencies to combat trafficking. The Vietnamese government continued to demonstrate progress in efforts to prevent trafficking through public awareness. Despite continued reports of official complicity, the government did not report any investigations, prosecutions, or convictions of officials complicit in trafficking offenses. MoLISA continued operating 400 social protection centers through local authorities to provide services to a wide range of vulnerable groups, including trafficking victims; these centers were unevenly staffed, under-resourced, and lacked appropriately trained personnel to assist victims. The country has also implemented international conventions about crimes prevention, including the ASEAN Convention Against Trafficking in Persons, Especially Women and Children. International Law and Human Trafficking . The government reported repatriating over 386 Vietnamese victims in 2018 (138 in 2017). 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. Despite ongoing reports of official complicity, the government did not report any investigations, prosecutions, or convictions of officials complicit in trafficking offenses. Civil society organizations reported assisting 167 victims of trafficking. Despite progress in some areas in recent years, many counter-trafficking challenges remain to be addressed in Viet Nam. The Vietnamese government demonstrated increased law enforcement efforts to combat trafficking in persons for sexual exploitation and uneven efforts to combat labor trafficking. [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. In 2013, Vietnam arrested nearly 700 alleged traffickers and identified some 900 rescued victims. • Amend the penal code to criminalize sex trafficking of 16- and 17-year-old children, consistent with international law. 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. According to the Ministry of Foreign Affairs (MFA), the Ministry of Public Security (MPS) and Vietnam Border Guards (under Ministry of Defense)—often in cooperation with foreign partners—identified 211 trafficking cases (350 in 2017, 234 in 2016) involving 276 alleged offenders (over 500 in 2017, 308 in 2016). Vietnam is a destination country for Cambodian children trafficked to urban centers for forced labor or commercial sexual exploitation. MoLISA conducted an inspection, in coordination with public security agencies, and discovered 91 cases related to violations in the recruitment of labor for overseas employment and found 55 organizations and individuals without relevant permits. Some reports stated that the workers faced threats of retaliation by Vietnamese government officials and employment agency representatives if they did not return to work. There were no reports of sex trafficking victims being punished or otherwise penalized for acts committed as a direct result of being trafficked. Traffickers increasingly use the internet, gaming sites, and particularly social media to lure potential victims into vulnerable situations; men often entice young women and girls with online dating relationships and persuade them to move abroad, then subject them to forced labor or sex trafficking. 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. 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. Disparate government bodies continued to report discrepant, overlapping, or incomplete data on anti-trafficking law enforcement and victim identification, and authorities often did not disaggregate trafficking offenses from possible migrant smuggling cases. 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 According to Vietnam’s National Steering Committee on trafficking in persons, in 2007, police investigated 369 cases of sex trafficking involving 930 women and children victims. These conditions led to a worker strike and, subsequently, altercations among workers and with the Jordanian police. Together, we identify cases of trafficking… The country has also implemented international conventions about crimes prevention, including the ASEAN Convention Against Trafficking in Persons, Especially Women and Children. 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. A Source Country: Vietnam is a predominant source country of human trafficking and also a destination country, mainly for Cambodian migrants. 51/2001/QH10; The National Assembly promulgates the Law on Human Trafficking Prevention and Combat. Vietnam is primarily a source country for women and children trafficked for commercial sexual exploitation and forced labor. However, if Vietnam intends to eliminate human trafficking, especially among its children, then it must continue addressing the state of poverty of its people. 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. The VWU collaborated with its counterpart in the Republic of Korea to conduct awareness campaigns and establish a hotline for Vietnamese brides. Complicit Vietnamese officials, primarily at commune and village levels, facilitate trafficking or exploit victims by accepting bribes from traffickers, overlooking trafficking indicators, and extorting money in exchange for reuniting victims with their families. Vietnam has long been one of the top source countries for female human trafficking in Asia, with the majority of women and girls being sold to Cambodia, Malaysia and China. By Lindsey King . • Fully prohibit all worker-paid recruitment fees and predatory recruitment practices for workers migrating abroad or to Vietnam, including by strengthening efforts to monitor labor recruitment companies and third-party sub-brokers and prosecuting predatory or illegal sub-brokerage networks. As reported for the last five years, human traffickers exploit domestic and foreign victims in Vietnam and traffickers exploit victims from Vietnam abroad. MoLISA operated a 24-hour hotline for trafficking victims; authorities reported receiving approximately 2,010 calls to this hotline (2700 in 2017) and referring 30 cases to NGO and government services (65 cases referred in 2017). The government continued a five-year assessment on NAP implementation benchmarks. Women and children are trafficked to the People’s Republic of China (P.R.C), Cambodia, Thailand, the Republic of Korea, Malaysia, Taiwan, and Macau for sexual exploitation. Prisoners reportedly work in agriculture and manufacturing, and there have been reports of prisoners of conscience working in hazardous industries such as cashew processing. Vietnam Television occasionally addresses trafficking in a popular home economics program by featuring returnees who discuss their experiences and how to avoid trafficking. [1], The Government of Vietnam does not fully comply with the minimum standards for the elimination of trafficking; however, it is making significant efforts to do so. 51/2001/QH10; The National Assembly promulgates the Law on Human Trafficking Prevention and Combat. To date, Van has provided legal representation in 83 court cases, helping nearly 100 victims of human trafficking and sexual abuse. 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 … Authorities reported distributing 25,000 copies of awareness materials in border areas and 900 handbooks in particularly vulnerable communities. 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. NGOs reported the victim identification process remained overly cumbersome and complex, requiring sign off from multiple ministries before victims could be formally identified and assisted. Local and provincial government officials at times did not demonstrate a clear understanding of victim identification, including in some cases by conflating it with the confirmation of official identity documents. Internal trafficking only became officially recognized in 2011, and traffickers are normally not given harsh punishments. 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 government did not provide statistics disaggregating cases by type of trafficking, victim age or gender, source, or destination. Officials assigned to Taiwan and the Republic of Korea received briefings on assisting Vietnamese brides. 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 … International organizations and NGOs continued collaboration with the government to provide training and technical assistance to various ministry officials as well as partnering in public awareness campaigns. Some traffickers pose as police officers on social media networks to gain victims’ trust. 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. Vietnam has not ratified the 2000 UN TIP Protocol. It gives five requirements: 1) criminalizing of all forms of trafficking, 2) identifying victims and guaranteeing basic human rights, 3) adopting comprehensive prevention, protection, provision, prosecution, and participation approaches, 4) targeting all actors in human trafficking organization, and 5) acknowledging human trafficking as an international crime. 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. 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. Child sex tourists, reportedly from elsewhere in Asia, the United Kingdom and other countries in Europe, Australia, Canada, and the United States, exploit children in Vietnam. The government decreased law enforcement efforts. It identified significantly fewer victims than in previous years. Việt Nam sets aside every July 30 as the national day against traffickers. 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. There were no visible measures undertaken by the government to reduce demand for commercial sex acts. It gives five requirements: 1) criminalizing of all forms of trafficking, 2) identifying victims and guaranteeing basic human rights, 3) adopting comprehensive prevention, protection, provision, prosecution, and participation approaches, 4) targeting all actors in human trafficking organization, and 5) acknowledging human trafficking as an international crime. 17, on receiving and providing assistance to sex trafficking victims returning from abroad. For the children, the country must ensure that awareness is spread that children should be in schools, and not in the fields. Vietnam actively worked with the USG on a successful prosecution of an American citizen who was a promoter of child sex tourism in Vietnam. Vietnam is also a source country for men and women who migrate willingly and legally for work in the construction, fishing, or manufacturing sectors in Malaysia, Taiwan, P.R.C., Thailand, and the Middle East but subsequently face conditions of forced labor or debt bondage. Traffickers subject victims to forced labor in construction, fishing, agriculture, mining, logging, and manufacturing, primarily in Angola, Japan, Laos, Malaysia, Republic of Korea, Taiwan, and the United Arab Emirates; there are increasing reports of Vietnamese labor trafficking victims in the United Kingdom and Ireland (including on cannabis farms), continental Europe, the Middle East, and in Pacific maritime industries. "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… 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. However, Vietnam’s control of child trafficking within the country itself needs to increase. These missions could provide basic provisions, transportation, and healthcare to Vietnamese citizens subjected to trafficking abroad. There were no reported efforts by the Vietnamese government to consider any of the repatriated workers as possible victims of trafficking. 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. The law is accompanied by … 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. Social protection officials demonstrated a lack of familiarity with migrant worker vulnerability to trafficking, often considering them simply illegal workers. Foreign victims, including children, remained at high risk of deportation without screening or referral to protective services. 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. At the same time, there were some cases in which Vietnamese workers on contracts brokered by recruiters linked to state-licensed companies were exploited and, in its intervention, the government may have focused on upholding its image of Vietnam as an attractive source of guest workers, to the detriment of investigating complaints of trafficking. Despite progress in some areas in recent years, many counter-trafficking challenges remain to be addressed in Viet Nam. A lack of interagency coordination and unfamiliarity among some provincial officials with anti-trafficking law and victim protection continued to impede anti-trafficking efforts. Even as it is getting harder for them to do their work, organisations like AAT are needed more than ever. TVPA combats trafficking in persons, especially into the sex trade, slavery, and involuntary servitude. Existing laws do not comprehensively cover trafficking in persons; however, various statutes in the Penal Code allow for all forms to be prosecuted. 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. Both countries have no specific trafficking laws. Article 151 criminalized labor trafficking and sex trafficking of children under the age of 16 and prescribed penalties of seven to 12 years’ imprisonment and fines of 50 million to 200 million VND ($2,160 to $8,620). 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. International observers noted Vietnamese government officials sometimes considered the exploitation of Vietnamese workers abroad to be the host countries’ responsibility and beyond their purview. There are occasional reports of border guards taking bribes to look the other way. 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. Within the country, traffickers exploit Vietnamese men, women, and children—including street children and children with disabilities—in forced labor, although little information is available on these cases. The government decreased law enforcement efforts. 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. This may hinder the ability of Vietnam and China to combat human trafficking in a range of ways. 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. While Articles 150 and 151 came into effect during the previous reporting period, the government did not circulate implementing guidelines until January 2019, which did not take effect until March 2019. Vietnam collaborated with law enforcement from Cambodia, the P.R.C, and Laos to rescue victims and arrest traffickers suspected of sex trafficking. Vietnam has an internal trafficking problem with women and children from rural areas trafficked to urban centers for commercial sexual exploitation and forced labor. 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