Counter-Trafficking Action
in Vietnam
What are the guiding principles
behind counter-trafficking efforts in Vietnam?
National
1992 Constitution; Penal Code; Labor Laws; Decree No. 38 on the Administrative Sanctions Against Violations of Labor Legislation (1996); Decree No. 49 on Sanctions against Administrative Violation in the Domain of Security and Order (1996) ; Law on Marriage and Family (2000);; Law on Protection, Care and Education of Children (2005), Law on Gender Equality (2006); Law on Vocational Training (2006); Law on Vietnamese Guest Workers (2006); Law on Donation and Transplantation of Human Tissues and Organs, Donation of Corpse/Body (2006); Decree No. 69 (2007) to amend the previous Decree No. 68 on International Child Adoption and Marriage, Decision 17 on Reception and Reintegration Support of Trafficked Women and Children returned from Abroad (2007), Decision 16 on Strengthening Implementation of National Plan of Action to Combat Trafficking in Women and Children (2007), Inter-Ministerial Circular 03 on Victim Identification and Reception (2008), National Circular on Policy Application for Victims of Trafficking (2008). National Plan of Action on Human Trafficking (2011-2015) and Anti Human Trafficking Law (effective as of Jan 1st 2012).
Bilateral
Multilateral
ASEAN Declaration against Trafficking in Persons, Particularly Women and Children (2004); Treaty on Mutual Legal Assistance on Criminal Matters (2004); COMMIT MOU on Cooperation against Trafficking in Persons in the Greater Mekong Sub-region (2005); ASEAN Declaration on the Protection and Promotion of the Rights of Migrant Workers (2007).
The four main areas of
counter-trafficking work in Vietnam
Prevention
The main target groups are young people in rural areas, mostly in southern and northern Vietnam, but also authorities at various levels and the general public. Many stakeholders carry out this work, which involves awareness-raising campaigns, education and training, vocational and job opportunity provision, life-skills and technical training, and poverty alleviation projects through micro-credit schemes. The sending of Vietnamese laborers abroad is considered a pro-poor development strategy, however, the laws and regulations are also in place as part of the Government’s strategy to prevent exploitation and protect migrant workers. In addition, the contribution of the tourism sector towards prevention of child sex tourism and counter trafficking has been emphasized.
Policy
The Ministry of Public Security in cooperation with other ministries, mass organizations, NGOs and international agencies oversees the implementation of the National Action Plan on Combating Trafficking in Women and Children 20011-2015. The Government of Vietnam is also an active member in regional forums such as the Coordinated Mekong Ministerial Initiative against Trafficking (COMMIT), which brings together the six GMS countries in the fight against human trafficking; and the AIPO Forum on Legal Cooperation to Combat Human Trafficking and the Association of Southeast Asian Nations (ASEAN).
Protection
This work consists of identification, rescue, legal proceedings, repatriation, recovery, reception and reintegration of trafficked women and children particularly from abroad. The local-level sub-committee and international organizations provide medical care, counseling and initial support. As of May 2011, there are 9 shelters and reception centers which are located in Ha Noi, Quang Ninh, Lao Cai (2), Lang Son, An Giang (2), Can Tho and Ho Chi Minh City. These shelters and centers provide food, accommodation, medical care, counseling and vocational training. The victim protection agencies involved in the Reintegration Network to support returned victims of trafficking in Vietnam attempt to strengthen referral systems andcapacity-building for social workers, police, hotline operators and others. The recent protection guidelines (see Decision and Inter-Ministerial Circulars below) are important policy documents in this context. 60% of VoT were self-returnees, 19% were rescued and 21% were repatriated.
Prosecution
Prosecution involves police investigations, the criminal justice system and other governmental institutions in Vietnam and abroad. There is a specialized counter-trafficking police unit under the Criminal Police Department (MPS) and selected provinces. In addition, UNODC, ARTIP, UNIAP, IOM and some other international agencies are involved in providing training and capacity-building of law enforcement agencies. During 2004-2006 Vietnam’s legislation was assessed against the Palermo Protocol, the UN Convention on Transnational Organized Crime and the UN Protocol against Smuggling of Migrants. Recommendations included a revision of the Criminal Code and the enactment of a specific comprehensive anti-human trafficking law besides ratification of the UNTOC and the Palermo Protocol. . During the years 2004 – 2009, there were 1586 human trafficking cases over the country with 2.888 criminals and 2.935 victims.( Of which there were 1.218 women trafficking cases, 191 children trafficking cases and 177 women and children trafficking cases).748 cases have gone to trial and 1367 criminals have been convicted of trafficking in women and children. The majority of traffickers are prosecuted under Articles 119, 120 and 275 of the Criminal Code, dealing with trafficking for commercial sexual exploitation.
What else needs to be done?
There should be a clear definition of human trafficking in line with the Palermo Protocol and the mechanisms for effective implementation of the Law on Vietnamese Guest Workers should be established.
Counter-trafficking interventions should move beyond trafficking for sexual exploitation and address all relevant aspects of trafficking in the country, both the ‘demand’ and the ‘supply’ side.
In terms of research, there is a need for more: (1) in-depth research on the dynamics in the migration and human trafficking process; (2) large-scale studies that go beyond any particular project area and focus on trafficking in persons into labor exploitation, transnational marriages, and internal trafficking.
Key Actors in Vietnam |
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