Tiếng Việt
Table of Contents
1. What is human trafficking?
2. Criminal prosecution for human trafficking in cases prescribed by law
2.1 Criminal prosecution in cases of using marriage brokerage with foreigners
2.2 Criminal prosecution in cases of using the trick of sending people to work abroad
2.3 Criminal prosecution in cases where the offender has taken the victim’s body parts
3. The law stipulates the level of punishment for human trafficking
1. What is human trafficking?
According to Clause 1, Article 150 of the 2015 Penal Code, amended and supplemented in 2017, and Clause 1, Article 2 of Resolution 02/2019/NQ-HDTP, human trafficking is defined as follows:
“Article 150. Human trafficking
1. Any person who uses violence, threatens to use violence, deceives, or employs other tricks to commit any of the following acts shall face a penalty of 05 – 10 years’ imprisonment:
a) Transferring or receiving human people for transfer for money, property, or other financial interests;
b) Transferring or receiving human people for sexual slavery, coercive labor, taking body parts, or for other inhuman purposes;
c) Recruiting, transporting, harboring other people for the commission of any of the acts specified in Point a or Point b of this Clause.”
2. Criminal prosecution for human trafficking in cases prescribed by law.
2.1 Criminal prosecution in cases of using marriage brokerage tricks with foreigners
Based on the provisions of Article 4 of Resolution 02/2019/NQ-HDTP, it is stipulated that:
“Article 4. Criminal prosecution in cases of using marriage brokerage tricks with foreigners
1. A person who uses marriage brokerage tricks with foreigners shall be prosecuted for human trafficking according to the provisions of Article 150 of the Penal Code if the act falls into one of the following cases:
a) Coercing, threatening or deceiving another person to marry a foreigner and transferring that person to a foreigner to receive money, property, or other material benefits;
b) Forcing, threatening or deceiving another person to marry a foreigner and transferring that person to a foreigner for sexual exploitation, forced labor, taking the victim’s body parts or for other inhumane purposes;
c) Taking advantage of the trick of marriage brokerage with a foreigner to recruit, transport, or harbor another person to transfer to a foreigner for sexual exploitation, forced abor, taking the victim’s body parts or for other inhumane purposes.
2. In case the broker knows that the purpose of the foreigner is to use the activity of matchmaking, choosing a wife (or husband) or marriage to send the selected person abroad for sexual exploitation, forced labor, taking the victim’s body parts, selling them to others or for other inhumane purposes but still performs the brokerage act to receive money or other material benefits from the foreigner, he/she shall be prosecuted for criminal liability for the crime of human trafficking according to the provisions of Article 150 of the Penal Code.”
2.2 Criminal prosecution in cases of using tricks to send people to work abroad
Pursuant to Article 5 of Resolution 02/2019/NQ-HDTP, it is stipulated as follows:
“Article 5. Criminal prosecution in cases of using tricks to send people to work abroad
1. A person using tricks to send people to work abroad shall be prosecuted for criminal liability for the crime of human trafficking as prescribed in Article 150 of the Penal Code if the act falls into one of the following cases:
a) Knowing that the worker (aged 16 or older) will be sexually exploited, forced to work, have body parts taken or for other inhumane purposes when going abroad, but still deceiving or forcing the worker and transferring them to a foreign party for money or other material benefits;
b) Transferring the worker (aged 16 or older) to a foreign party to sell the worker to another person;
c) Recruiting, transporting, or harboring workers (aged 16 or older) to transfer to foreign parties for sexual exploitation, forced labor, taking body parts of the victims, or for other inhumane purposes.
2. Those who use the method of brokering to send workers abroad to commit fraud, abuse trust, and appropriate property (such as: after receiving money from workers, they appropriate it and flee, without sending workers to work abroad) will not be prosecuted for human trafficking, but depending on each specific case, they will be prosecuted for fraud, appropriation of property, or abuse of trust, appropriation of property.
3. A person who organizes or forces another person to stay abroad without the purpose of sexual exploitation, forced labor, removal of body parts or other inhumane purposes shall not be prosecuted for human trafficking, but depending on each specific case, shall be prosecuted for the crime of organizing or brokering for another person to flee abroad or stay abroad illegally or the crime of forcing another person to flee abroad or stay abroad illegally.”
2.3 Criminal prosecution in cases where the offender has taken the victim’s body parts
Pursuant to Article 6 of Resolution 02/2019/NQ-HDTP, it is stipulated as follows:
“Article 6. Criminal prosecution in cases where the offender has taken the victim’s body parts
1. The offender who has taken the body parts that determine the victim’s life (for example: heart, liver, etc.), causing the victim’s death, shall be prosecuted for the crime of murder as prescribed in Point h, Clause 1, Article 123 of the Penal Code.
2. The offender who has taken the victim’s body parts but does not fall under the guidance in Clause 1 of this Article shall be prosecuted for the crime of human trafficking as prescribed in Point b, Clause 3, Article 150 of the Penal Code. In this case, if causing injury, harm to health, mental disorder and behavior of the victim with a body injury rate of 61% or more or causing the victim to die due to infection or suicide, depending on each specific case, the offender will also be prosecuted for criminal liability according to the provisions of Point c or Point d, Clause 3, Article 150 of the Penal Code.”
3. The law stipulates the level of punishment for human trafficking
3.1 Crime of human trafficking (over 16 years old)
The level of criminal prosecution for the crime of human trafficking (over 16 years old) is stipulated in Article 150 of the 2015 Penal Code, amended by Clause 27, Article 1 of the Law amending the 2017 Penal Code as follows:
“Article 150. Human trafficking
1. Any person who uses violence, threatens to use violence, deceives, or employs other tricks to commit any of the following acts shall face a penalty of 05 – 10 years’ imprisonment:
a) Transferring or receiving human people for transfer for money, property, or other financial interests;
b) Transferring or receiving human people for sexual slavery, coercive labor, taking body parts,
or for other inhuman purposes;
c) Recruiting, transporting, harboring other people for the commission of any of the acts specified in Point a or Point b of this Clause.
2. This offence committed in any of the following cases shall carry a penalty of 08 – 15 years’ imprisonment:
a) The offence is committed by an organized group;
b) The offence is committed by despicable motives;
c) The victim suffers from 11% – 45% mental and behavioral disability because of the offence;
d) The offence results in 31% physical disability or more of the victim, except for the case specified in Point b Clause 3 of this Article;
dd) The victim is taken across the border out of Vietnam;
e) The offence is committed against 02 – 05 people;
g) The offence has been committed more than once.
3. This offence committed in any of the following cases shall carry a penalty of 12 – 20 years’ imprisonment:
a) The offence is committed in a professional manner;
b) The victim’s body part has been taken;
c) The victim suffers from 46% mental and behavioral disability or above because of the offence;
d) The offence results in the death or suicide of the victim;
dd) The offence is committed against 06 or more people;
e) Dangerous recidivism;
4. The offender may also be liable to a fine of from VND 20,000,000 to VND 100,000,000 , be put under mandatory supervision, prohibited from residence for 01 – 05 years, or have all or part of his/her property confiscated.”
Thus, according to the above provisions, depending on the severity of the crime, a person who buys or sells people over 16 years old may be prosecuted for criminal liability corresponding to the penalty brackets. The maximum sentence is 20 years. In addition, the offender may be fined from VND 20,000,000 to VND 100,000,000, placed under probation, banned from residence for 01 to 05 years or confiscated part or all of his/her property.
3.2 Crime of trafficking in persons under 16 years old
The level of criminal liability for offenders of trafficking in persons under 16 years old is stipulated in Article 151 of the Penal Code 2015, amended by Clause 28, Article 1 of the Law amending the Penal Code 2017 as follows:
“Article 151. Trafficking of a person under 16
1. A person who commits any of the following acts shall face a penalty of 07 – 12 years’ imprisonment:
a) Transferring or receiving a person under 16 for transfer for money, property, or other financial interests, except for humanitarian purposes;
b) Transferring or receiving a person under 16 for sexual slavery, coercive labor, taking body parts, or for other inhuman purposes;
c) Recruiting, transporting, harboring a person under 16 for the commission of any of the acts specified in Point a or Point b of this Clause.
2. This offence committed in any of the following cases shall carry a penalty of 12 – 20 years’ imprisonment:
b) The offence involves abuse of the offender’s position or power;
b) The offender commits the offence by taking advantage of child adoption;
c) The offence is committed against 02 – 05 people;
d) The offence is committed against a person for whom the offender is responsible for providing care;
dd) The victim is taken across the border out of Vietnam;
e) The offence has been committed more than once;
g) The offence is committed by despicable motives;
h) The victim suffers from 11% – 45% mental and behavioral disability because of the offence;
i) The offence results in 31% physical disability or more of the victim, except for the case specified in Point d Clause 3 of this Article.
3. This offence committed in any of the following cases shall carry a penalty of 18 – 20 years’ imprisonment or life imprisonment:
a) The offence is committed by an organized group;
b) The offence is committed in a professional manner;
c) The victim suffers from 46% mental and behavioral disability or above because of the offence;
d) The victim’s body part has been taken;
dd) The offence results in the death or suicide of the victim;
e) The offence is committed against 06 or more people;
g) Dangerous recidivism.
4. The offender may also be liable to a fine of from VND 50,000,000 to VND 200,000,000, be prohibited from holding certain positions or doing certain works for 01 – 05 years, be put under mandatory supervision for 01 – 05 years, or have all or part of his/her property confiscated.”
Thus, according to the above provisions, based on the level of crime, those who buy and sell people under 16 years old will be prosecuted for criminal liability corresponding to the penalty framework. In which, the highest sentence is life imprisonment.