Strengthening the effectiveness and efficiency in the fight against human trafficking

Clarifying the provisions on exemption from criminal liability for victims forced to violate the law

On the morning of June 24, continuing the 7th Session, the National Assembly discussed in the hall the draft Law on Prevention and Combat of Human Trafficking (amended).

Expressing high agreement on the necessity and major contents of amendments and supplements in the draft law, delegate Quàng Thị Nguyệt ( Điên Biên ) said that the draft law has supplemented important principles and policies of the State on preventing and combating human trafficking such as: Policies to support victims, people in the process of being identified as victims, regulations on exemption from criminal and administrative liability in cases where victims are forced to commit illegal acts...

According to delegates, the addition of these principles is very necessary, further affirming the humane policy of the Party and State in the work of preventing and combating human trafficking.

Commenting on the provisions on exemption from criminal liability and administrative handling of victims forced to commit illegal acts as prescribed in Clause 8, Article 4 of this draft law, delegate Nguyet said that adding this content is necessary.

However, the draft law stipulates that depending on each specific case according to the provisions of relevant laws, the victim may not be subject to administrative sanctions or criminal prosecution. Compared with the provisions of the Penal Code and current administrative sanctions, there is no provision for exemption from criminal prosecution and exemption from administrative sanctions. If the provisions are as drafted, the competent authority does not have enough basis to implement them in practice.

Therefore, delegate Nguyet proposed that the drafting agency stipulate cases and acts in which victims are forced to not be administratively punished or criminally prosecuted in the draft law.

At the same time, supplement the provisions on grounds for exemption from criminal liability in the Penal Code to cases of not being subject to administrative sanctions in the current Law on Handling of Administrative Violations to facilitate the implementation process when this law comes into effect.

More and more cases of human trafficking appear in the country.

Delegate Tran Khanh Thu ( Thai Binh ) speaks. (Photo: DANG KHOA)

Also expressing agreement with the need to amend and supplement the Law on Prevention and Combat of Human Trafficking to suit reality and the policies of the Party and State, delegate Tran Khanh Thu (Thai Binh) cited data from the Ministry of Public Security, saying that in the 5 years from 2018 to 2022, the whole country discovered 394 cases with 837 subjects violating the law and crimes of human trafficking.

If in the previous period from 2012-2020, human trafficking was mainly trafficking abroad, accounting for over 80% of the cases, recently there have been more and more cases of human trafficking within the country. In 2022 alone, the number of domestic trafficking cases accounted for 45% of the total number of cases.

Human trafficking is identified by the United Nations as one of the four most dangerous crimes in the world. Nowadays, with the development of technology, subjects only need to sit in one place and use social networks such as Zalo, Facebook... to connect, lure people to go abroad or exchange and buy and sell victims domestically.

Therefore, delegates believe that in order to increase the effectiveness and efficiency in the fight against human trafficking, amending and supplementing the Law on Prevention and Combat of Human Trafficking is necessary.

Scene of the National Assembly session on the morning of June 24. (Photo: DANG KHOA)

Regarding specific regulations on specialized facilities to support victims of human trafficking for men and women, delegate Thu said that social protection facilities that receive victims of human trafficking do not have specialized areas to support victims of human trafficking, but instead integrate them into other groups.

Therefore, there is still confusion in implementing support work because there is no appropriate and friendly process for receiving victims, there is a lack of regulations on case management and specific victim support procedures; especially there is a complete lack of regulations on reception in emergency cases or suspected cases of trafficking while waiting for verification and identification of victims.

In reality, there is a gap in ensuring access to support services for both male and female victims. Support services are only focused on female victims of cross-border trafficking for marriage or prostitution, while other at-risk groups such as male workers in construction, service, fishing or those trafficked domestically often receive less attention.

Therefore, to fully ensure the rights of victims of trafficking, delegate Thu suggested that the Drafting Committee study and supplement specific regulations on the establishment, management and operation of facilities to receive and support victims on the basis of meeting their gender needs, rights and legitimate, legal interests...

Strengthening propaganda and education on preventing and combating human trafficking

Delegate Tran Thi Nhi Ha – National Assembly Delegation of Hanoi City. (Photo: DANG KHOA)

Contributing opinions to the draft law, delegate Tran Thi Nhi Ha (Hanoi) said that Chapter 2 of the draft law stipulates information, propaganda, and education on preventing and combating human trafficking, but Article 7 of the draft law's provisions is still general. Clause 2 stipulates the content of information, propaganda, and education, but does not clearly define the target audience of the propaganda, and the specific form of propaganda and education.

The delegate cited a report on human trafficking in Vietnam in 2021, with victims mainly being ethnic minorities, people from highland and border areas, children or people aged 19-20, mostly women.

Delegates said that if we look at the statistics, we can see that propaganda must target specific subjects, namely female children and ethnic minorities in mountainous and border areas.

According to the statistical report, most of the victims only finished grade 9, a few finished grade 12. Therefore, delegate Ha proposed that the draft law should stipulate the inclusion of compulsory education in the curriculum for mountainous and border areas to educate about human trafficking prevention, helping students to be aware of human trafficking behaviors early, thereby being able to identify risks and take measures to protect themselves and those around them.

Research on budget allocation for disadvantaged localities to implement human trafficking prevention and control work

Delegate Chamaléa Thi Thuy – National Assembly Delegation of Ninh Thuan province speaking. (Photo: DANG KHOA)

In order to effectively prevent and combat human trafficking, delegate Chamaléa Thi Thuy (Ninh Thuan) suggested reviewing the provisions on policies of this draft law to make them suitable to reality and other legal regulations.

For example, Clause 4, Article 5 of the draft law stipulates: "Every year, the State allocates a budget for the prevention and combat of human trafficking, giving priority to ethnic minority areas and areas with particularly difficult socio-economic conditions."

However, the delegate said that in the border area, human trafficking is also a serious and complicated situation, so it is necessary to study and add this area to the priority areas for annual state budget allocation.

On the other hand, at point d, clause 1, Article 60 of the draft law stipulates the responsibility of People's Committees at all levels: "Submit to the People's Council at the same level to arrange funding for the implementation of human trafficking prevention and control work for local agencies and units according to the provisions of the Budget Law and implementing documents".

According to delegate Chamaléa Thi Thuy, the Drafting Committee of the draft law needs to re-examine this provision, because if localities are assigned to arrange their own funding for the work of preventing and combating human trafficking, it will be very difficult for localities, especially localities with low budget revenue, which will have difficulty in arranging and allocating funding from the local budget for this work.

Creating a favorable legal basis for authorities in the fight against human trafficking

Minister of Public Security Luong Tam Quang explains and clarifies a number of issues raised by National Assembly deputies. (Photo: DANG KHOA)

Speaking at the meeting, Minister of Public Security Luong Tam Quang said that the promulgation of the Law on Prevention and Combat of Human Trafficking (amended) will be a step forward in the legislative activities of our State in general and in the field of prevention and combat of human trafficking in particular, creating a favorable legal basis for competent authorities in the fight against human trafficking, supporting victims and those in the process of being identified as victims, especially curbing the increase in human trafficking crimes, contributing to ensuring social order and safety, serving the country's socio-economic development, and enhancing international cooperation in this field.

On behalf of the drafting agency, Minister Luong Tam Quang thanked the National Assembly deputies for their attention and profound contributions to the draft law during discussions in groups and in the hall, demonstrating their dedication and high responsibility to complete the draft law.

The drafting agency will report to the Government and coordinate closely with the National Assembly's review agency, research and absorb as much valid opinions as possible to revise and perfect the provisions in the draft law on the concepts of human trafficking, victims, State policies on preventing and combating human trafficking, on preventing human trafficking, receiving, verifying, identifying, protecting, and supporting victims, and people in the process of being identified as victims.

The Minister of Public Security hopes that in the coming time, socio-political organizations, National Assembly deputies and the people will continue to pay attention and give their opinions on the draft law. The drafting agency will coordinate with the reviewing agency and relevant agencies to fully absorb, thoroughly explain, and revise the draft law to submit to the National Assembly for consideration and approval at the 8th Session.

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