At the meeting, delegates listened to Chairwoman of the National Assembly 's Judiciary Committee Le Thi Nga briefly present a report on a number of major issues regarding the reception and revision of the draft Law.
Also attending the meeting were representatives of the Ministry of Public Security, the Supreme People's Procuracy , the Ministry of Justice, the Ministry of Culture, Sports and Tourism, the Ministry of Finance, the Ministry of Labor, War Invalids and Social Affairs; agencies of the Central Party Office, the Office of the President, the Vietnam Coast Guard, etc.
High consensus on draft Law on Prevention and Combat of Human Trafficking (amended)
Reporting on a number of major issues regarding the reception and revision of the draft Law on Prevention and Combat of Human Trafficking (amended), Chairwoman of the National Assembly's Committee on Judicial Affairs Le Thi Nga said that at the 7th Session (May 2024), the National Assembly discussed and commented on the draft Law on Prevention and Combat of Human Trafficking (amended). Basically, the National Assembly deputies agreed with the necessity, purpose, viewpoints on amendments and basic contents of the draft Law; at the same time, many opinions were contributed to continue perfecting the draft Law.
Based on the viewpoints on amending the Law and the direction of the Standing Committee of the National Assembly, the Standing Committee of the Judiciary Committee, the drafting agency and relevant agencies have carefully studied, fully absorbed and explained the opinions of National Assembly deputies, relevant agencies and experts in each field. Up to now, the draft Law has basically achieved high consensus.
The draft Law on Prevention and Combat of Human Trafficking (amended) after being accepted and revised has 8 chapters and 67 articles (an increase of 01 article compared to the draft Law submitted to the National Assembly, including removing Articles 45 and 58, adding Articles 21, 40 and 67; amending 65 articles, keeping 02 articles unchanged).
Regarding the concept of “human trafficking” (Clause 1, Article 2 of the draft Law), the Standing Committee of the Judiciary Committee found that the concept of “human trafficking” in the draft Basic Law has ensured the unity and uniformity of the legal system, responded to practical requirements in the fight against human trafficking (PCMBN), and ensured closeness to international treaties on PCMBN to which Vietnam is a member. However, to ensure consistency with the provisions of the Penal Code, the Law on Adoption and to ensure conformity with reality, the Standing Committee of the Judiciary Committee proposed to add the phrase “except where otherwise provided by law” after the phrase “other material benefits” in paragraph 2, Clause 1, Article 2.
Regarding the concept of victim, person in the process of being identified as a victim (Clause 6 and Clause 7, Article 2), Chairwoman of the Judicial Committee Le Thi Nga said that the identification of a victim must be based on specific criteria, such as being violated by human trafficking and identified by a competent authority. At the same time, the draft Law also provides broader provisions than the requirements of international treaties in supporting people in the process of being identified as victims. Therefore, it is proposed to keep it as in the draft Law.
In addition, to ensure humanity and protect children's rights, the draft Law has provisions to support people under 18 years old accompanying victims and people in the process of being identified as victims, such as support for essential needs, medical care , psychology, travel expenses, legal support, and interpretation.
Regarding the act of buying and selling fetuses, the Standing Committee of the Judicial Committee found that, given the complicated situation of buying and selling fetuses and the handling of the act of buying and selling fetuses has not been regulated by law. Therefore, to ensure early prevention and containment, respond to practical requirements, and absorb the opinions of National Assembly deputies, Article 3 of the draft Law has been supplemented with 01 clause (clause 2) regulating prohibited acts: "buying and selling fetuses; agreeing to buy and sell people while they are still fetuses".
Regarding the State's policy on preventing and combating human trafficking (Article 5 of the draft Law), some opinions of National Assembly deputies suggested prioritizing budget allocation for areas with serious and complicated human trafficking situations and border areas. In response to the opinions of National Assembly deputies, Clause 6, Article 5 of the draft Law has been supplemented with the content "areas with complicated human trafficking situations".
Regarding the responsibility of the Ho Chi Minh Communist Youth Union in preventing human trafficking, Chairwoman of the Judicial Committee Le Thi Nga said that, in addition to promoting the responsibility of the Vietnam Women's Union in protecting women and girls, accepting the opinions of National Assembly deputies, the draft Law has been supplemented with 01 article (Article 21) regulating the responsibility of the Ho Chi Minh Communist Youth Union in preventing human trafficking, in order to further strengthen the responsibility of this organization in the work of PCMBN.
In response to the National Assembly's opinions on the protected subjects (Article 35), the draft Law has added 01 clause (clause 4) to Article 35 stipulating the protected subjects are: "Individuals participating in preventing and combating human trafficking and supporting victims" to protect their legitimate rights and interests and encourage them to participate in PCMBN work. At the same time, the draft Law has added 01 clause (clause 4) to Article 36 stipulating the scope of protection for relatives of victims, people in the process of being identified as victims and individuals participating in preventing and combating human trafficking and supporting victims.
Regarding the subjects and support regimes (Article 38 of the draft Law), the Standing Committee of the Judicial Committee found that, in order to ensure humanity and ensure the best interests of children, Article 38 of the draft Law has been revised in the direction that people under 18 years old accompanying victims, people in the process of being identified as victims, are entitled to the same support regimes as victims, except for vocational training support, job counseling, initial hardship allowance, and loan support. This provision has been carefully considered to ensure feasibility and suitability with the capacity of the State budget. Other support regimes for children (if any) are implemented in accordance with the provisions of the law on children.
In addition, Article 38 of the draft Law is amended in the direction that victims who are Vietnamese citizens and those under 18 years old accompanying them while abroad will be supported with essential needs, medical support and interpretation costs. After these people are received and verified by competent authorities in the country, they will enjoy other support regimes like those who are in the process of being identified as victims in the country.
Regarding Social Assistance Facilities, Victim Support Facilities, and People in the Process of Being Determined as Victims (Article 47), the Standing Committee of the Judicial Committee proposed to maintain the regulation on establishing Victim Support Facilities because this regulation is a provision to mobilize organizations and individuals to participate in supporting victims, activities that do not use the state budget, although the Law on Prevention and Combat of Human Trafficking 2011 stipulates the establishment of Victim Support Facilities, but to date, no facilities have been established. At the same time, it is said that in order to mobilize the participation of other Social Assistance Facilities in supporting victims of trafficking (this facility must be licensed to operate by the Provincial People's Committee), the draft Law has been supplemented with 01 clause (clause 3) to Article 47, and at the same time, point g, clause 1, Article 60 of the draft Law has been revised.
Regarding the responsibility of the Ministry of Finance (Article 58), Chairwoman of the Judicial Committee Le Thi Nga said that, to ensure the consistency of the legal system and implement the principles of the Law on Promulgation of Legal Documents, the Standing Committee of the Judicial Committee proposed to remove Article 58 on the responsibility of the Ministry of Finance in the draft Law./.
Carefully assess the impact of expanding the concept of human trafficking
Agreeing with the inclusion of the concept of human trafficking in the law to unify perception and implementation, however, Vice Chairwoman of the National Assembly Nguyen Thi Thanh noted that Clause 1, Article 2 of the draft Law introduces the concept of human trafficking and human trafficking applies to people aged 18 and over and people under 18 in cases where force, threat of force, deception or other tricks are used.
Meanwhile, Clause 2, Article 2 of the draft Law introduces the concept of human trafficking, which only applies to people under 18 years old in cases of using force, threatening to use force, deception or other tricks. Therefore, the Vice Chairman of the National Assembly suggested continuing to review, research and regulate this concept to make it easier to understand.
Vice Chairman of the National Assembly Tran Quang Phuong suggested that the examining agency and the drafting agency carefully assess the impact of expanding the concept of human trafficking. Because, when expanding the concept, it will expand the subjects of crime, criminal acts, and increase criminal liability... "It is necessary to carefully assess to ensure the consistency of the law when applying the law", the Vice Chairman of the National Assembly suggested.
Concluding the discussion, Vice Chairman of the National Assembly Nguyen Khac Dinh affirmed that all opinions highly appreciated and agreed with the main content of the draft Law that had been received and explained.
Members of the National Assembly Standing Committee also discussed and gave opinions on many specific contents such as: continuing to review the system of concepts, words, and terminology to ensure strictness, especially terms related to the Criminal Procedure Code, the Penal Code and related specialized laws; concepts other than related specialized laws must be carefully reviewed, clearly expressed, and easy to understand; supplementing the responsibilities of local authorities, including the responsibilities of People's Councils; considering regulations related to the responsibilities of the Fatherland Front and organizations; reviewing and expressing more clearly the content of provisions on prohibited acts...
Regarding measures to support victims, relatives, accompanying persons under 18 years of age, and persons in the process of being identified as victims, the Vice Chairman of the National Assembly requested that the examining agency and the drafting agency continue to review to make regulations simple, easy to understand, not omitting any people but not too broad, with appropriate support measures; consider necessary concepts such as legal aid, legal support, and not create additional concepts that are not yet included in the law.
Source: https://baotainguyenmoitruong.vn/uy-ban-tvqh-cho-y-kien-ve-du-thao-luat-phong-chong-mua-ban-nguoi-sua-doi-378223.html
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