Trafficking in Persons Law: Enhancing Response to Combat Human Trafficking

July 7, 2023
UNDP in Viet Nam

Ho Chi Minh City 6 July 2023A consultation workshop on the implementation of the Trafficking in Persons Legislation was held in Ho Chi Minh City on 6 July, bringing together key stakeholders to review limitations of the legislation and its implementation and discuss the directions for amending the Law on trafficking in persons prevention and combat (TIP Law). With the support from the Bureau of International Narcotics and Law Enforcement Affairs (INL) of US Department of State, the National Assembly Judicial Committee and the UN Development Programme (UNDP) co-organized this workshop to strengthen the legal framework and enhance efforts in combating human trafficking in Viet Nam.

Speaking at the workshop, UNDP Resident Representative Ramla Khalidi, who co-chaired the workshop, commended the National Assembly Judicial Committee for their leadership and coordination in the review process. She emphasized the importance of aligning the law with the International Convention on Organized Transnational Crimes and its protocol on human trafficking, which Viet Nam ratified in 2012. This step is crucial to effectively respond to emerging trends and risks associated with trafficking, particularly impacting women and children. (Read full speech)

UNDP Resident Representative in Viet Nam Ramla Khalidi

UNDP in Viet Nam

Trafficking in persons presents a significant development challenge globally, exacerbated by crises, conflicts, and the climate emergency. Vulnerable populations, including those lacking legal status, living in poverty, and with limited access to education and healthcare, are disproportionately targeted by traffickers. Women, girls, and boys are especially vulnerable, facing forced marriage, domestic servitude, forced labor, and child sexual exploitation. These actions leave lasting scars on individuals and communities while hindering progress towards the Sustainable Development Goals (SDGs).

The efforts made by Viet Nam in developing and improving legal regulations, strengthening law enforcement, and bilateral agreements with neighboring countries on combating trafficking were acknowledged in the recent 2023 Trafficking in Persons (TIP) Report by the US State Department. Noteworthy advancements include the Law on trafficking in persons, the revised Penal Code with provisions criminalizing trafficking, and the establishment of community-based care models for trafficking survivors.

However, according to Ms. Mai Thi Phuong Hoa, Vice Chairperson of the NA Judicial Committee, who co-chaired the workshop, the provisions of the Law on Trafficking in person prevention and combat were enacted a long time ago and are no longer in line with the current socio-economic situation and conditions. Some regulations are inconsistent with international law, lack uniformity, and pose difficulties in handling human trafficking crimes, international cooperation in investigation coordination, investigation entrustment, extradition of criminals, and identifying trafficking victims. Furthermore, the victims support system, ranging from initial assistance upon rescue to facilitating the victims’ reintegration into the community, is no longer appropriate. 

Ms. Mai Thi Phuong Hoa, Vice Chairperson of the NA Judicial Committee

UNDP in Viet Nam

Combatting human trafficking requires agile and anticipatory capacities to address emerging forms of this crime effectively. UNDP Resident Representative Ramla Khalidi emphasized the need for enhanced sectoral coordination, improved legal frameworks in line with international conventions, and coherent implementation and enforcement at central and local levels. “Survivors should be at the centre of policies and laws to prevent and counter human trafficking, bring perpetrators to justice and provide effective access to remedies, including compensation,” she said.

The consultation workshop aimed to provide valuable insights and practical contributions to the Judicial Committee in consolidating field-based evidence. The findings will inform the appraisal of the amended law proposal and refine recommendations for relevant agencies responsible for combating trafficking in persons.

In light of the upcoming World Day against Trafficking in Persons on July 30th, the workshop aligned with this year's theme, "Reach every victim of trafficking, leave no one behind." This theme emphasizes the commitment to the 2030 Agenda for Sustainable Development and its central promise of "leaving no one behind." Eliminating the exploitation of trafficking victims, providing support to survivors, and ensuring vulnerable groups are not targets for traffickers are essential in achieving the Sustainable Development Goals, particularly SDGs 5, 8, and 16.

The UNDP Resident Representative expressed sincere gratitude to the Bureau of International Narcotics and Law Enforcement Affairs (INL) for their generous support of the project "Strengthening response to counter trafficking in persons in Viet Nam," implemented by UNDP and national partners. UNDP reiterated its commitment to supporting the National Assembly Judicial Committee and other partners in eliminating trafficking in persons in Viet Nam.

For media inquiries, please contact: 
Nguyen Viet Lan, UNDP Communications Lead in Viet Nam, phone: 0914436769, email: nguyen.viet.lan@undp.org 
 

UNDP in Viet Nam