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human trafficking laws in vietnam

The Ministry also held workshops on international migration and human trafficking prevention to improve the capacity of desk officers at the ministry and localities in Vietnam. During the reporting period, the government signed a bilateral anti-trafficking agreement with the United Kingdom to improve law enforcement coordination, and with the Republic of Korea to enhance cooperation between judicial officials, including training Vietnamese prosecutors. Authorities reported distributing 25,000 copies of awareness materials in border areas and 900 handbooks in particularly vulnerable communities. [4] They are forced into prostitution or marriages.[5][6]. 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. 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 … 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 government continued a five-year assessment on NAP implementation benchmarks. "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… 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. 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. However, human trafficking in Vietnam is more than a mere business or crime. The law is accompanied by … 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 … The Vietnamese government demonstrated growing efforts at protecting victims in 2007, especially for victims of sex trafficking. Mimi Vu, an independent anti-trafficking and slavery expert based in Vietnam, said the smuggling of people from Vietnam to the UK continued in the months after the tragedy. Enforcement of International Law: Obstacles . Vietnam has not ratified the 2000 UN TIP Protocol. 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. 17, on receiving and providing assistance to sex trafficking victims returning from abroad. 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. 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. 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. Traffickers exploit Vietnamese women and children in sex trafficking abroad; many are misled by fraudulent employment opportunities and sold to brothel operators on the borders of China, Cambodia, and Laos, and elsewhere in Asia, including Malaysia, Republic of Korea, Singapore, Taiwan, and Thailand. In 2018, authorities reported identifying 490 victims of trafficking (670 victims in 2017, 1,128 victims in 2016). International observers noted Vietnamese government officials sometimes considered the exploitation of Vietnamese workers abroad to be the host countries’ responsibility and beyond their purview. 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. Penalties prescribed for trafficking both for sexual and labor exploitation are sufficiently stringent and those for sexual exploitation are commensurate with those for other grave crimes, such as rape. The Vietnamese government commenced a large scale restructuring of the MPS, merging its Staff Department (C42) responsible for anti-trafficking policies and procedures with the Criminal Police Department (C45) responsible for trafficking operations. 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. Some traffickers pose as police officers on social media networks to gain victims’ trust. It identified significantly fewer victims than in previous years. 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). 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 government did not provide statistics disaggregating cases by type of trafficking, victim age or gender, source, or destination. 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 is a destination country for Cambodian children trafficked to urban centers for forced labor or commercial sexual exploitation. The MFA organized training courses on human trafficking prevention and combatting in the forms of periodic consular affairs training courses for officials prior to their postings to Vietnamese representative missions abroad. The government continued to support more ethnic minority’s languages on the hotline including English. Vietnam Television occasionally addresses trafficking in a popular home economics program by featuring returnees who discuss their experiences and how to avoid 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. Vietnam is a human trafficking hotspot with the crime generating tens of billions of dollars annually, according to the Ministry of Public Security. In January, Vietnam is set to introduce the Anti-Human Trafficking Law, which the National Assembly passed in March. The Victims of Trafficking and Violence Prevention Act (TVPA). However, Vietnam’s control of child trafficking within the country itself needs to increase. 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 government stepped up prosecutions and strengthened cross-border cooperation on sex trafficking with Cambodia, China, and Thailand to rescue victims and arrest traffickers. [1] U.S. State Department's Office to Monitor and Combat Trafficking in Persons placed the country in "Tier 2" in 2017. Some officials cited an increase in forced labor and noted incomplete data collection and poor interagency cooperation led to low victim identification. The government reported repatriating over 386 Vietnamese victims in 2018 (138 in 2017). Despite progress in some areas in recent years, many counter-trafficking challenges remain to be addressed in Viet Nam. However, civil society reported callers have difficulty when speaking with an operator with a different regional dialect. This may hinder the ability of Vietnam and China to combat human trafficking in a range of ways. Despite continued reports of official complicity, the government did not report any investigations, prosecutions, or convictions of officials complicit in trafficking offenses. Vietnam is primarily a source country for women and children trafficked for commercial sexual exploitation and forced labor. Prisoners reportedly work in agriculture and manufacturing, and there have been reports of prisoners of conscience working in hazardous industries such as cashew processing. Internal trafficking only became officially recognized in 2011, and traffickers are normally not given harsh punishments. In April 2007 in Ho Chi Minh City, police disrupted a Korean trafficking ring that fraudulently recruited Vietnamese for marriages, rescuing 118 women. These conditions led to a worker strike and, subsequently, altercations among workers and with the Jordanian police. For the seventh consecutive year, the government did not prosecute any suspected traffickers under labor trafficking provisions of the anti-trafficking law. 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. The government did not report any prosecutions or convictions for crimes of labor trafficking such as forced labor or debt bondage. 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. Internal trafficking only became officially recognized in 2011, and traffickers are normally not given harsh punishments. 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. 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 … Việt Nam sets aside every July 30 as the national day against traffickers. The government did not systematically refer victims to protective services due to inadequacies in its formal referral process, including some border guards’ unfamiliarity with trafficking crimes, a lack of inter-jurisdictional cooperation, and incomplete data collection processes. 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]. Global AIDS Coordinator and Global Health Diplomacy, Special Presidential Envoy for Hostage Affairs, Special Representative for Afghanistan Reconciliation, Special Representative for Syria Engagement, U.S. Security Coordinator for Israel and the Palestinian Authority, Under Secretary for Arms Control and International Security, Bureau of Arms Control, Verification and Compliance, Bureau of International Security and Nonproliferation, Under Secretary for Civilian Security, Democracy, and Human Rights, Bureau of Conflict and Stabilization Operations, Bureau of Democracy, Human Rights, and Labor, Bureau of International Narcotics and Law Enforcement Affairs, Bureau of Population, Refugees, and Migration, Office of International Religious Freedom, Office of the Special Envoy To Monitor and Combat Anti-Semitism, Office of the U.S. Special Coordinator for Tibetan Issues, Office to Monitor and Combat Trafficking in Persons, Under Secretary for Economic Growth, Energy, and the Environment, Bureau of Oceans and International Environmental and Scientific Affairs, Office of the Science and Technology Adviser, Bureau of Information Resource Management, Bureau of the Comptroller and Global Financial Services, Office of Emergencies in the Diplomatic and Consular Service, Office of Management Strategy and Solutions, Bureau of International Organization Affairs, Bureau of South and Central Asian Affairs, Under Secretary for Public Diplomacy and Public Affairs. The level of involvement by officials in facilitating trafficking appears to be low. However, the government did not demonstrate overall increasing efforts compared to the previous reporting period. International Law and Human Trafficking . There were continued reports of forced labor of individuals detained in government-run drug treatment centers. Sex traffickers target many children from impoverished rural areas, and a rising number of women from middle class and urban settings. 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. 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. 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. Officials assigned to Taiwan and the Republic of Korea received briefings on assisting Vietnamese brides. These missions could provide basic provisions, transportation, and healthcare to Vietnamese citizens subjected to trafficking abroad. Existing laws do not comprehensively cover trafficking in persons; however, various statutes in the Penal Code allow for all forms to be prosecuted. • Amend the penal code to criminalize sex trafficking of 16- and 17-year-old children, consistent with international law. The Vietnamese government demonstrated increased law enforcement efforts to combat trafficking in persons for sexual exploitation and uneven efforts to combat labor trafficking. The country has also implemented international conventions about crimes prevention, including the ASEAN Convention Against Trafficking in Persons, Especially Women and Children. 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’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… 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. Sex trafficking victims were encouraged to assist in the investigation and prosecution process, as well as file civil suit against sex traffickers. The government decreased efforts to protect victims. “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. 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. Together, we identify cases of trafficking… 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-TIP law and broadened the definition of trafficking in Vietnam to include men, not just women and children. During the reporting period, the Ministry of Information and Communications directed state-run media to air more than 700 documentaries and news stories to raise public awareness on trafficking. Vietnam is a human trafficking hotspot with the crime generating tens of billions of dollars annually, according to the Ministry of Public Security. Police arrested 606 suspected traffickers and prosecuted 178 cases, obtaining 339 individual convictions of trafficking offenders. Even as it is getting harder for them to do their work, organisations like AAT are needed more than ever. Vietnam collaborated with law enforcement from Cambodia, the P.R.C, and Laos to rescue victims and arrest traffickers suspected of sex trafficking. 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 Ministry of Labor, Invalids, and Social Affairs (MoLISA) and government-affiliated Women’s Unions often referred victims to NGOs depending on their individual needs. The Vietnamese government demonstrated increased law enforcement efforts to combat trafficking in persons for sexual exploitation and uneven efforts to combat labor trafficking. • Vigorously prosecute all forms of trafficking and convict and punish traffickers, including in cases involving forced labor or complicit officials. Chapter I 1 / 35 An official website of the United States government, Office of Small and Disadvantaged Business Utilization, Office of the U.S. The government decreased law enforcement efforts. 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. • Cease subjecting Vietnamese confined to drug treatment centers to forced labor and allow independent verification that the practice has ended. 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. However, if Vietnam intends to eliminate human trafficking, especially among its children, then it must continue addressing the state of poverty of its people. 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 … 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. 51/2001/QH10; The National Assembly promulgates the Law on Human Trafficking Prevention and Combat. 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). [3] • 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. In partnership with an NGO, the VGCL began working to form an association of migrant Vietnamese workers in South Korea to better inform Vietnamese migrant workers about their rights and services available. 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. The Law on Human Trafficking Prevention and Control was implemented in 2011. Despite ongoing reports of official complicity, the government did not report any investigations, prosecutions, or convictions of officials complicit in trafficking offenses. Social protection officials demonstrated a lack of familiarity with migrant worker vulnerability to trafficking, often considering them simply illegal workers. • 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. Psycho-social services for victims remained underdeveloped, with training needed on trauma-informed approaches for all actors engaging with victims, including social workers, front-line officers, and the judiciary. The government decreased law enforcement efforts. In 2007, the Government issued Decision No. 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. 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. 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 … Traffickers exploit children and adults in forced labor in the garment sector, where workers are coerced to work through threats and intimidation. • Expand training for social workers, first responders and the judiciary on victim-centered approaches to working with victims of trafficking, including trauma-informed care. Local and provincial government officials at times employed practices that could be re-traumatizing to victims of trafficking. U.S. Code, Title 22, Chapter 78 - Trafficking Victims Protection. The majority of traffickers are prosecuted under Articles 119, 120, and 275 of the Penal Code, which deal with trafficking for commercial sexual exploitation. 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. However, Vietnam’s control of child trafficking within the country itself needs to increase. A 2014 legal provision requires a judicial proceeding before detention of drug users in compulsory drug rehabilitation centers and restricts detainees’ maximum workday to four hours. 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. In 2013, Vietnam arrested nearly 700 alleged traffickers and identified some 900 rescued victims. Human Trafficking in Vietnam An attempt to fight trafficking across Vietnam-China border ... FRED DE SAM LAZARO:The government has passed anti-trafficking laws in recent years. Under the Prime Minister’s Decree 69, steps to protect Vietnamese women from sham or trafficked situations as a result of brokered marriages included heightened due diligence in issuing marriage certificates and steps to ensure that the marriage is voluntary. Foreign victims, including children, remained at high risk of deportation without screening or referral to protective services. 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. The country has also implemented international conventions about crimes prevention, including the ASEAN Convention Against Trafficking in Persons, Especially Women and Children. 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 lack of interagency coordination and unfamiliarity among some provincial officials with anti-trafficking law and victim protection continued to impede anti-trafficking efforts. 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. Both countries have no specific trafficking laws. Some officials continued to conflate trafficking with smuggling, which precluded the identification of victims who voluntarily migrated abroad. Some recruitment companies are unresponsive to workers’ requests for assistance in situations of exploitation, and some charge excessive fees that trap workers in debt bondage. Civil society reported while the government made efforts to translate campaign materials into regional languages to increase awareness, many at-risk populations found the information abstract and difficult to understand. The Directive also imposed a level of accountability on all provincial People’s Committee chairmen for combating trafficking in persons. 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. Vietnam actively worked with the USG on a successful prosecution of an American citizen who was a promoter of child sex tourism in Vietnam. 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 … 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. There are occasional reports of border guards taking bribes to look the other way. The Vietnamese government continued to demonstrate progress in efforts to prevent trafficking through public awareness. 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