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Government Laws

Summary of Laws Related to Human Trafficking in Vietnam

Legislation

Criminal Code of 1985, amended 1992

In Vietnam, the most pertinent law to counter the trafficking of women and children is the Criminal Code of 1985, amended in 1992, which is currently being revised. Section 149 of the code states that:
-- Any person kidnapping, trading in or fraudulently exchanging a child shall be subject to a term of imprisonment of between one and seven years.
-- If the offence is committed in any of the following circumstances, the offender shall be subject to a term of imprisonment of between five and 20 years.
a) organized crime or professional criminality;
b) the child is sent abroad;
c) the kidnapping or fraudulent exchange of more than one child;
d) the offence constitutes a serious case of recidivism.

Constitution of 1992

The 1992 Constitution has various provisions to support the rights of women and children, including Section 65, which states that, ''Children shall enjoy protection, care and education provided by the family, the state and society.'' Specifically on children, the 1991 Law on the Protection, Care and Education of Children has indirect provisions against trafficking. More important, in 1997 the prime minister issued a directive to coordinate measures to prevent trafficking (the illegal sending of women and children abroad), with these orientations:
• evaluate dates of Vietnamese women and children illegally sent abroad;
• identify problem areas;
• launch a mass movement against the phenomenon;
• take action against tourist agencies involved in trafficking;
• strengthen patrol of border areas;
• cooperate with Interpol and the police of neighboring countries;
• formulate vocational training projects and job creation for the victims of trafficking;
• investigate and prosecute traffickers.
Other laws
Other laws help to strengthen prevention and protection measures. These include the 1991 law on universal primary education and the 1994 labor code, which establishes the age of 15 as the minimum age of employment. The national programme of action for children (1991-2000,) has specific measures for children in especially difficult circumstances.

Other laws

Other laws help to strengthen prevention and protection measures. These include the 1991 law on universal primary education and the 1994 labor code, which establishes the age of 15 as the minimum age of employment. The national programme of action for children (1991-2000,) has specific measures for children in especially difficult circumstances.

¹Taken verbatim from ECPAT website

²The Vietnamese Criminal Code; Youth Social Work Center; Vietnam Youth Association