human trafficking laws in vietnam

During the migration process European gangs and traffickers often exploit Vietnamese victims in forced labor and sexual exploitation before they reach their final destination. Enforcement of International Law: Obstacles . The VWU collaborated with its counterpart in the Republic of Korea to conduct awareness campaigns and establish a hotline for 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 … Therefore Vietnam was downgraded to the Tier 2 Watch List. 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. 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 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. [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. 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. Human Trafficking and COVID-19. North Korean restaurants operating in Vietnam may exploit North Korean workers in forced labor. The Law on Human Trafficking Prevention and Control was implemented in 2011. 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. 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. However, if Vietnam intends to eliminate human trafficking, especially among its children, then it must continue addressing the state of poverty of its people. 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 … However, Vietnam’s control of child trafficking within the country itself needs to increase. A lack of interagency coordination and unfamiliarity among some provincial officials with anti-trafficking law and victim protection continued to impede anti-trafficking efforts. Internal trafficking only became officially recognized in 2011, and traffickers are normally not given harsh punishments. [1] U.S. State Department's Office to Monitor and Combat Trafficking in Persons placed the country in "Tier 2" in 2017. 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. 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. Law enforcement efforts were impeded by the delayed release of formal implementation guidelines on Articles 150 and 151 of the penal code. 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 2018, authorities reported identifying 490 victims of trafficking (670 victims in 2017, 1,128 victims in 2016). The government reported repatriating over 386 Vietnamese victims in 2018 (138 in 2017). 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. • Expand training for social workers, first responders and the judiciary on victim-centered approaches to working with victims of trafficking, including trauma-informed care. There were no reported efforts by the Vietnamese government to consider any of the repatriated workers as possible victims of 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. • 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. The government did not provide statistics disaggregating cases by type of trafficking, victim age or gender, source, or destination. 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… 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. 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. 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. 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. In April 2007 in Ho Chi Minh City, police disrupted a Korean trafficking ring that fraudulently recruited Vietnamese for marriages, rescuing 118 women. A number of victim assistance and assessment centers were established in particular border areas. The government did not offer foreign victims legal alternatives to their removal to countries where they may face retribution or hardship. [3] 51/2001/QH10; The National Assembly promulgates the Law on Human Trafficking Prevention and Combat. 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. 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 government continued efforts to reduce the demand for commercial sex acts. 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. There were reports in February 2008 of a group of over 200 Vietnamese men and women recruited by Vietnamese state-run labor agencies for work in apparel factories in Jordan, who were allegedly subjected to conditions of fraudulent recruitment, debt bondage, unlawful confiscation of travel documents, confinement, and manipulation of employment terms for the purpose of forced labor at their worksite. Men, women, and children are trafficked for many reasons, including for sexual and labor exploitation, domestic slavery, and a range of other exploitative practices. Vietnam is primarily a source country for women and children trafficked for commercial sexual exploitation and forced labor. Vietnam collaborated with law enforcement from Cambodia, the P.R.C, and Laos to rescue victims and arrest traffickers suspected of sex trafficking. • 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. Vietnam Television occasionally addresses trafficking in a popular home economics program by featuring returnees who discuss their experiences and how to avoid trafficking. Existing laws do not comprehensively cover trafficking in persons; however, various statutes in the Penal Code allow for all forms to be prosecuted. However, civil society reported callers have difficulty when speaking with an operator with a different regional dialect. These penalties were sufficiently stringent and, with regard to sex trafficking, commensurate with other serious crimes, such as rape. U.S. State Department's Office to Monitor and Combat Trafficking in Persons placed the country in "Tier 2" in 2017. 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 … 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. The government maintained efforts to prevent trafficking. The country has also implemented international conventions about crimes prevention, including the ASEAN Convention Against Trafficking in Persons, Especially Women and Children. Traffickers exploit children and adults in forced labor in the garment sector, where workers are coerced to work through threats and intimidation. In January, Vietnam is set to introduce the Anti-Human Trafficking Law, which the National Assembly passed in March. Sex trafficking victims were encouraged to assist in the investigation and prosecution process, as well as file civil suit against sex traffickers. This may hinder the ability of Vietnam and China to combat human trafficking in a range of ways. For the children, the country must ensure that awareness is spread that children should be in schools, and not in the fields. 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. In late 2007, Vietnam established a child sex tourism investigative unit within its Ministry of Public Security. Vietnam is a destination country for Cambodian children trafficked to urban centers for forced labor or commercial sexual exploitation. The government decreased law enforcement efforts. Vietnam is a human trafficking hotspot with the crime generating tens of billions of dollars annually, according to the Ministry of Public Security. 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. Three separate traffickers were convicted and sentenced from 6–12 years for trafficking women to Macau to allegedly work as masseuses and then forced them into prostitution. Chapter I 1 / 35 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. Anti-trafficking laws are problematic to enforce because victims of trafficking are hesitant to 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. Despite the government entering into a Memorandum of Cooperation with the Government of Japan in 2017 to improve protections for Vietnamese participants in Japan’s Technical Intern Training Program (TITP), there were continued reports of severe exploitation of Vietnamese workers. 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. Police arrested 606 suspected traffickers and prosecuted 178 cases, obtaining 339 individual convictions of trafficking offenders. 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 level of involvement by officials in facilitating trafficking appears to be low. 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 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. 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 trafficking report by the US Department of State in 2015 – which the Vietnamese government officials considered “not objective” – said border officials in high-risk trafficking areas increased their engagement to investigate trafficking cases, but official complicity remained an impediment to anti-trafficking efforts in Vietnam. It identified significantly fewer victims than in previous years. 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. Human rights in focus Vietnam Essex lorry tragedy must spur greater effort to stop trafficking from Vietnam M i m i V u , D o r o t h e a C z a r n e c k i a n d N a d i a S e b t a o u i 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. However, the government did not demonstrate overall increasing efforts compared to the previous reporting period. 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. Coordinator for the Arctic Region, Bureaus and Offices Reporting Directly to the Secretary, Office of the Coordinator for Cyber Issues, Office of the U.S. International Law and Human Trafficking . However, human trafficking in Vietnam is more than a mere business or crime. Civil society organizations reported assisting 167 victims of trafficking. 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 … 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. Sex traffickers target many children from impoverished rural areas, and a rising number of women from middle class and urban settings. 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. To date, Van has provided legal representation in 83 court cases, helping nearly 100 victims of human trafficking and sexual abuse. 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. Vietnam actively worked with the USG on a successful prosecution of an American citizen who was a promoter of child sex tourism in Vietnam. Foreign victims, including children, remained at high risk of deportation without screening or referral to protective services. Despite these efforts, unscrupulous third-party recruiting organizations often placed migrant workers in debt. Some traffickers pose as police officers on social media networks to gain victims’ trust. The Law on Human Trafficking Prevention and Control was implemented in 2011. 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. 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. 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. 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