Assoc. Prof. Dr. Nguyen Thi Bich Mo[1] and Do Thanh Trung, PhD.[2]
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| Hoang Thi Thich, a farmer of the Tay ethnic group in Ha Giang province, has managed to improve her family’s living standard with the support of the CARE International in Vietnam__Photo: Tran Viet/VNA |
International cooperation on combating trafficking in women and children constitutes an important content in the National Strategy against Crime in Vietnam. This article clarifies the situation and experience in international cooperation on combating trafficking in women and children over the recent years. On that basis, it makes recommendations for improving the effectiveness of international cooperation to fight trafficking in women and children so as to achieve the goals set in Vietnam’s Program against Human Trafficking for the 2021-25 period, with orientations toward 2030.
Situation of human trafficking
Trafficking in persons, including trafficking in women and children, is a serious crime that is strongly condemned and fought fiercely in the world. Over the recent years, thanks to effective crime prevention and fighting activities of functional forces, the crime of trafficking in persons in general and trafficking in women and children in particular in Vietnam has basically been put under control. However, the situation of trafficking in women and children continues to see unpredictable developments with the scope of crime expanded and transnational crime rings formed.
According to statistics of the Ministry of Public Security (MPS), Vietnam’s focal-point agency in charge of human trafficking prevention and fighting, in the 2012-18 period, the number of victims of trafficking and suspected trafficking was 3,090, of them 2,571 people have returned home, including 1,237 people returning on their own[3]. From 2019 through September 2022, due to the pandemic’s impacts, human trafficking showed signs of slowing down, with 892 cases detected nationwide involving 956 violators. The figures saw a decrease of 9 percent in the number of cases, 7.2 percent in the number of violators and 19.9 percent in the number of victims compared to the period prior to 2018[4]. Of the detected cases of human trafficking, 95 percent were committed across the border and only 5 percent were within the country. More than 90 percent of trafficked victims are women and children, mainly from ethnic minorities in rural, remote and isolated areas[5]. This situation has been posing certain difficulties and challenges for competent agencies to ensure the effectiveness of combating trafficking in persons in general and trafficking in women and children in particular.
Vietnam’s legal framework on human trafficking combat
To improve the effectiveness of combating trafficking in women and children, the Party and the State of Vietnam have advocated promoting international cooperation to take advantage of the assistance of foreign partners and law enforcement agencies in implementing programs and projects on human trafficking combat. In particular, the State has made numerous efforts to institutionalize the policy against human trafficking into specific regulations.
Domestic legislation on human trafficking combat
From 2010 to the end of 2021, the National Assembly passed the Constitution and nine laws and resolutions; and the Government issued eight decrees, resolutions and decisions concerning prevention and combat of trafficking in women and children[6]. Particularly, the 2015 Penal Code (revised in 2017) has separate provisions on human trafficking crimes in Articles 150 and 151, which set the highest penalty of life imprisonment in the penalty framework. Meanwhile, the 2015 Criminal Procedure Code (revised in 2021) devotes the whole Part Eight, including Chapters 35 and 36 with 17 articles, regulating the contents of international cooperation in criminal proceedings; and the 2011 Law on Human Trafficking Prevention and Combat devotes Chapter 7 with four articles governing international cooperation in human trafficking prevention and combat.
At the same time, the State also pays special attention to establishing specialized agencies in charge of international cooperation on combating trafficking in women and children, such as investigation bodies, external affairs agencies, and the Interpol Office, etc. Not a few documents have been issued to define the functions, tasks, powers, organizational structure and coordination relationships between these agencies in international cooperation on combating trafficking in women and children, e.g., the 2015 Law on Organization of Criminal Investigation Bodies; the Law on Enforcement of Custody and Detention; and the 2019 Law on Execution of Criminal Judgments. In addition, the policy on international cooperation on combating trafficking in women and children is also concretized in national programs on crime prevention and combat, for instance, Prime Minister Decision 623/QD-TTg dated April 14, 2016, approving the National Strategy for crime prevention and combat. For the 2016-25 period, with orientations toward 2030; and Decision 193/QD-TTg dated February 9, 2021, approving the Program to prevent and combat human trafficking for the 2021-25 period, with orientations toward 2030. These help create a solid legal basis for gradually improving the policy on international cooperation on combating human trafficking in general and combating trafficking in women and children in particular.
Vietnam’s accession to treaties and international agreements on human trafficking combat
To form a complete legal framework for international cooperation activities on combating trafficking in women and children and demonstrate Vietnam’s consistent stance in fighting human trafficking in general, over the recent years, the State, the Government and responsible authorities have carried out procedures for negotiation, conclusion, ratification and accession and organized the implementation of many treaties and international agreements on the fight against crime in general and the combat of trafficking in women and children in particular. Specifically, from 2010 to June 2022, the MPS proposed to the Government and President the conclusion of and accession to four multilateral treaties; and completed the conclusion of 36 agreements on crime prevention and combat between Vietnam and Thailand, Singapore, the United Kingdom, Australia, Indonesia, Cambodia, the Russian Federation, Hungary, Sri Lanka, Spain, Bulgaria, China, etc. The ministry has also directly negotiated and signed more than 40 international agreements with foreign counterpart public security, internal affairs, security and police authorities on international cooperation in combating trafficking in persons and trafficking in women and children[7],[8].
To implement multilateral treaties on combating trafficking in women and children, Vietnam has translated the provisions of the Convention against Transnational Organized Crime, the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), the International Convention on the Rights of the Child, the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography, and the Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children, and other multilateral treaties into domestic laws.
In addition, to expand international cooperation on combating trafficking in women and children in particular and preventing crime in general, Vietnam’s law enforcement agencies have established multilateral and bilateral relationships with many international organizations and other countries. In particular, the MPS has built up official cooperative relationships with more than 100 agencies and partners of dozens of countries and territories, and 21 international and regional organizations, and participated in many multilateral cooperation forums[9]. The MPS has also organized specialized agencies to perform the international cooperation function within the framework of Interpol, Aseanapol, etc. At the same time, focus has been placed on training a contingent of full-time staffs in charge of external affairs and international cooperation on combating crimes of trafficking in persons in general and crimes of trafficking in women and children in particular.
International cooperation on combating trafficking in women and children
Regarding bilateral cooperation, from 2010 through June 2022, the MPS and law enforcement agencies of Vietnam have cooperated with foreign authorities to effectively fight and prevent 182 rings of trafficking in persons from Vietnam abroad, investigated and discovered 3,221 cases of illegal immigration and trafficking in women and children[10],[11]. Through different cooperation channels, every year, Vietnamese authorities receive and process an average of 350 reports related to trafficking in persons, mainly trafficking in women and children, from Vietnam abroad (mostly to neighboring countries and within the region)[12]. At the same time, through their overseas representative offices, Vietnamese authorities coordinate with authorities of the host countries to collect documents and evidence, take statements of victims and witnesses and arrest those wanted for human trafficking crimes, thus promptly rescuing, protecting lawful rights of, and repatriating Vietnamese citizens who are victims of human trafficking.
In particular, the MPS and law enforcement agencies of Vietnam have given priority to cooperating with Cambodia, Laos, Thailand, China and the United Kingdom on the basis of the signed bilateral cooperation agreements on human trafficking combat, including the Agreements on bilateral cooperation to combat human trafficking and protect victims of human trafficking between Vietnam and Cambodia and between Vietnam and Laos; the Vietnam-Thailand Agreement on bilateral cooperation to eliminate trafficking in persons, especially women and children, and help victims of human trafficking; the Vietnam-China Agreement on strengthening cooperation in human trafficking prevention and combat; and the Memorandum of Understanding between Vietnam and the United Kingdom of Great Britain and Northern Ireland on cooperation in human trafficking combat. Accordingly, the MPS has organized 18 annual conferences to evaluate the implementation of agreements and launch campaigns to attack and suppress crimes of cross-border trafficking in women and children. The conferences focused on exchanging information and establishing joint working groups to direct units and localities to coordinate with the authorities of partner countries in investigating and arresting criminals, and rescuing, receiving and helping trafficked women and children. Particularly, Vietnam and China have alternately organized conferences to deploy and summarize campaigns on coordination in attacking and suppressing crimes of trafficking in women and children. Worthy of note, a hotline has been set up between the MPS’s Criminal Police Department and the Criminal Investigation Department of the Ministry of Public Security of China, to effectively process information related to crimes of trafficking in women and children and suspected victims of human trafficking.
Moreover, the MPS and law enforcement agencies of Vietnam have conducted negotiations and signed bilateral international agreements on human trafficking fighting with other countries in the region or those with many trafficked Vietnamese women and children, such as Myanmar, Malaysia and Indonesia.
With respect to multilateral cooperation, the MPS has proactively directed the implementation of international documents in the field of human trafficking combat, such as the ASEAN Convention Against Trafficking in Persons, Especially Women and Children (ACTIP); the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime (UNTOC); the Joint Declaration of the Coordinated Mekong Ministerial Initiative Against Trafficking (COMMIT) and the COMMIT Plan of Action against Human Trafficking for the 2015-18 period in Vietnam; the ASEAN-Australia Counter-Trafficking Program for the 2019-28 period (ASEAN-ACT); and the Bohol Trafficking in Persons Work Plan for the 2017-20 period, etc.
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| Children in Muong Khuong district, Lao Cai province, receive gifts on the occasion of the 2024 Lunar New Year Festival__Photo: Quoc Khanh/VNA |
Specifically, the MPS has actively and responsibly participated in cooperation mechanisms within the ASEAN framework, such as the Conference of the ASEAN Heads of Specialist Anti-Trafficking Units (HSU), and the ASEAN Senior Officials Meeting on Transnational Crime Prevention and Control (SOMTC) Working Group on Trafficking in Persons. It has also actively participated in the development of the Global Compact for Safe, Orderly and Regular Migration (GCM) and the Global Compact on Refugees (GCRs) sponsored by the United Nations to promote regular migration, combat illegal migration and human trafficking, and protect the rights and interests of migrants. In addition, the MPS has attended meetings of the Steering Committee of the COMMIT; the Conference of Senior Officials of Mekong Sub-region countries on combating human trafficking; the Interpol-organized online high-level meetings of the Mekong Project to combat trafficking in persons; and other international seminars and forums to share information and determine information exchange mechanisms, increase dialogue, and mobilize community support for the fight against human trafficking. At multilateral forums, Vietnam and ASEAN countries have welcomed and promoted the participation of concerned parties in the consultation and implementation of policies related to combat of trafficking in persons, especially trafficking in women and children, toward building a “people-oriented and people-centered” ASEAN Community. Accordingly, the countries have agreed to criminalize human trafficking crimes in their national legal systems, committed to implementing measures to stop human trafficking crimes, implement measures to protect victims of human trafficking, and exchange opinions on law enforcement activities of member states and intensified international cooperation.
Orientations for international cooperation against trafficking in women and children
In the coming time, the crimes of trafficking in persons, particularly women and children, are anticipated to see complicated developments and cause security and order disability in the region and the world. Therefore, raising the effectiveness of international cooperation on combating trafficking in women and children is still an urgent requirement. To this end, it is proposed to focus on the orientations and solutions below.
Firstly, competent authorities should continue to give advice to the Party and the State for more effective and substantial implementation of bilateral and multilateral international agreements and treaties on combating human trafficking crimes that Vietnam has signed or acceded to. It is necessary to soon promote the negotiation process for and sign more bilateral agreements with countries in the region.
Secondly, tighter coordination is required among sectors, localities and functional forces within the country and between them and other countries and international organizations, particularly authorities of bordering countries and countries that have received many victims being Vietnamese women and children in order to exchange information, establish hotlines, and designate focal points for collaboration in investigating, arresting, transferring and pursuing criminals and rescuing, receiving and protecting victims of human trafficking.
Thirdly, functional agencies need to propose improving the domestic legal system concerning international cooperation to make it compatible with the United Nations Convention against Transnational Organized Crime. It is suggested to urgently promote negotiation and conclusion of agreements with new partners on extradition and transfer of sentenced persons. At the same time, the country should participate in negotiating mutual legal assistance agreements to create a favorable legal corridor for regional and international cooperation in combating transnational crimes and non-traditional security challenges in general and trafficking in women and children in particular.
Fourthly, Vietnam should proactively and actively expand cooperation relations and promote the implementation of international commitments on combating transnational human trafficking crimes. In particular, priority should be given to coordination between the local administrations, police and border guard forces and border provinces, districts and communes of Vietnam with local authorities and law enforcement forces of the bordering countries (China, Laos and Cambodia).
Fifthly, it is advised to promote international cooperation in carrying out public communication for raising public awareness of the danger of trafficking in persons, women and children, particularly in border provinces, mountainous areas, ethnic minority areas and areas facing extreme socio-economic difficulties.
Finally, Vietnam’s competent agencies should strengthen and expand cooperation with law enforcement agencies in Southeast Asian countries and countries to which many Vietnamese victims are illegally brought through exchanging experience and providing training for full-time staffs, while gaining the support in terms of funding and equipment from countries and international organizations.-
[1] Dean of Faculty, People’s Security Academy.
[2] Lecturer, People’s Security Academy.
[3] Ministry of Public Security (2021), Report summarizing 10 years’ implementation of the Law on Human Trafficking Prevention and Combat, Hanoi.
[4] Ministry of Public Security (2022), Preliminary Report of the first half of 2022 on human trafficking prevention and combat, Hanoi.
[5] Ministry of Public Security (2021), Report summarizing 10 years’ implementation of the Law on Human Trafficking Prevention and Combat, Hanoi.
[6] Ministry of Public Security (2021), Report summarizing 10 years’ implementation of the Law on Human Trafficking Prevention and Combat, Hanoi.
[7] Ministry of Public Security (2021), Report summarizing 10 years’ implementation of the Law on Human Trafficking Prevention and Combat, Hanoi.
[8] Ministry of Public Security (2022), Preliminary Report of the first half of 2022 on human trafficking prevention and combat, Hanoi.
[9] Ministry of Public Security (2021), Report reviewing 10 years’ implementation of the Law on Human Trafficking Prevention and Combat, Hanoi.
[10] Ministry of Public Security (2021), Report reviewing 10 years’ implementation of the Law on Human Trafficking Prevention and Combat, Hanoi.
[11] Ministry of Public Security (2022), Preliminary Report of the first half of 2022 on human trafficking prevention and combat, Hanoi.
[12] Ministry of Public Security (2022), Preliminary Report of the first half of 2022 on human trafficking prevention and combat, Hanoi.
