On the afternoon of October 22nd, continuing the program of the 8th Session of the 15th National Assembly , the Chairwoman of the National Assembly's Judicial Committee, Le Thi Nga, presented a report explaining the acceptance and revision of the Draft Law on Prevention and Combat of Human Trafficking (amended).
Effectively address the crime of human trafficking.
In a summary report explaining the acceptance and revision of the Draft Law on Prevention and Combat of Human Trafficking (amended), the Chairwoman of the National Assembly's Judicial Committee, Le Thi Nga, stated that the National Assembly Standing Committee found that the concept of "human trafficking" in the draft Law fundamentally ensures the consistency and uniformity of the legal system, responds to practical requirements in the fight against human trafficking, and aligns with international treaties on preventing and combating human trafficking to which Vietnam is a signatory.
The draft Law, after being revised and finalized, is submitted to the National Assembly for consideration at this session and consists of 8 chapters and 65 articles (a reduction of 1 article compared to the draft Law submitted to the National Assembly, including the removal of Articles 34, 56, 58, and 59; the addition of Articles 21, 40, and 64; amendments to 63 articles, and retention of 2 articles).
Notably, the concept of "human trafficking" in the draft Law has been expanded to include several aspects compared to the Criminal Code and current laws. This includes the provision that individuals aged 16 to under 18 can be considered traffickers simply for the act and intent involved, and thus are protected as well as those under 16. This provision is also consistent with the United Nations Convention on the Rights of the Child.
The Standing Committee of the National Assembly believes that defining "human trafficking" more broadly than the provisions of the Criminal Code will serve as a basis for improving criminal and procedural laws to more effectively address this type of crime and further raise public awareness of preventing and combating human trafficking. At the same time, to ensure strict enforcement and strengthen prevention efforts, the definition of "human trafficking" in the draft Law also includes broader content than that stipulated in some international treaties, such as: adding other inhumane purposes and other methods.
Some opinions suggested adding the act of "agreeing to buy and sell people while still in the womb" to the concept of human trafficking in Clause 1, Article 2, as a basis for effectively combating the reality of buying and selling people while still in the womb. The Standing Committee of the National Assembly recognizes that in recent years, the buying and selling of fetuses for the purpose of buying and selling the child after birth has been a worrying reality. This agreement is essentially a precursor to human trafficking (buying and selling people while still in the womb), but the handling of this act has not yet been regulated by law. Responding to the opinions of National Assembly deputies, Clause 2, Article 3 of the draft Law stipulates the prohibition of "agreeing to buy and sell people while still in the womb."
The victims received legal aid and support.
Regarding the concept of a victim, specifically a person in the process of being identified as a victim (Clause 6 and Clause 7, Article 2), the Standing Committee of the National Assembly found that defining a victim as any person who is the subject of human trafficking would be very difficult to prove in practice and would not ensure feasibility. Therefore, the identification of a victim must be based on specific criteria, such as being harmed by human trafficking and being identified by a competent authority. Furthermore, the draft Law also provides broader provisions than required by international treaties in supporting those in the process of being identified as victims. Therefore, it is proposed to retain the provisions as in the draft Law.
In response to feedback from National Assembly deputies, Article 37 of the draft Law has been revised to stipulate that persons under 18 years of age accompanying victims, or persons in the process of being identified as victims, are entitled to the same support benefits as victims, except for vocational training support, job counseling, initial hardship allowance, and loan assistance. Other support benefits for children (if any) shall be implemented according to the provisions of the law on children.
Regarding legal aid and legal support (Article 42), the Standing Committee of the National Assembly noted that, according to current law, victims are entitled to legal aid to register their residence and civil status, receive support benefits, and claim compensation for damages. To ensure the victim-centered approach, support for those being identified as victims must be timely, prompt, and implemented immediately.
Therefore, the concept of "legal assistance" in the draft Law is understood as providing advice to prevent re-trafficking, advice on procedures for residence registration, civil registration, identity card issuance, and receiving support benefits, and is carried out by the People's Committee at the commune level and the Vietnamese representative agency abroad where the assistance is received. At the same time, Article 42 of the draft Law is separated into two clauses regulating legal aid and legal assistance…
Regarding the regulation prohibiting the "buying and selling of fetuses," Ms. Thai Thi An Chung, Deputy Head of the Standing Committee of the National Assembly Delegation of Nghe An Province, stated that this is a new tactic used by human trafficking criminals that has recently emerged. However, in the past, there have been difficulties in the process of handling these cases. The victims are mainly women and ethnic minorities in remote areas who are lured abroad to become pregnant, give birth, and sell their children for money or in exchange for other goods. This agreement is essentially a precursor to human trafficking. However, prosecution remains difficult because the Penal Code does not yet contain provisions on this matter.
To create a legal framework to protect children, according to Representative Thai Thi An Chung, adding a prohibition on "agreements to buy and sell people while they are still fetuses" to the draft Law is essential, enhancing the ability to combat this type of crime; at the same time, it better protects children's rights and is consistent with international conventions that Vietnam has ratified.
Source: https://kinhtedothi.vn/nghiem-cam-thoa-thuan-mua-ban-nguoi-tu-khi-con-dang-la-bao-thai.html
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