English - CEDAW Southeast Asia

CEDAW and the Law:
anti-trafficking drives are launched; (d) coordination among ministries, branches and mass
organizations fails to bring about synchronized and uniform direction of communication efforts;
(e) functional agencies, such as the police and border guards, need more skills in detecting
and investigating the crime of trafficking in women and children; (f) lack of cooperation and
facilitation of foreign functional authorities; (g) officials have limited capability in taking professional
preventive measures; (h) no specialized force to combat this crime; (i) the system of
legal documents is incomplete and inconsistent; (j) inadequate coordination between executive
agencies and functional authorities of neighboring and regional countries; and (k) criminal
judicial assistance remains limited. 287
The Plan of Action for Advancement of Women is in place with one of its indicators being
to strive to decrease by 50 percent the crime of trafficking in women and children and to do so
by 20 percent in key areas, as well as to provide treatment and vocation training to at least 50
percent of identified trafficked women and children.
Indicator 34
Indicator 35
Indicator 36
Indicator 37
Is trafficking of women prohibited
Is there a definition of ‘trafficking’ in legislation
What sanctions are in place for commission of trafficking
Is there legislation protecting would-be brides from being victimized
by traffickers Is mail order bride system prohibited
150
Trafficking in women and children is prohibited in Viet Nam through the following legal
documents.
Trafficking in women
Article 119 of the Penal Code states that those who traffic women will be sentenced to between
two and seven years imprisonment. It also provides that the imposable penalty is increased
from 5 to 20 years imprisonment when the crime is committed in particular circumstances such
as: (a) trading in women for the purpose of prostitution; (b) in an organized manner; (c) being
of ‘professional character’; (d) for the purpose of sending them overseas; (e) trafficking in more
than one person; and (f) trafficking more than once. Offenders are also subject to fine of
between VND 5 million and VND 50 million, to probation, or a residence ban for one year to
five years. 288
Trading in, fraudulently exchanging or appropriating children
Article 120 of the Penal Code states that those who trade in, fraudulently exchange or appropriate
children in any form will be sentenced to between 3 and 10 years of imprisonment. The
imposable penalty is increase from 10 to 20 years when committed in particular circumstances
such as: (a) in an organized manner; (b) being of professional character; (c) for ‘despicable
motivation’; (d) trading in, fraudulently exchanging or appropriating more than one child; (e) for
the purpose of sending them abroad; (f) for use for inhumane purposes; (g) for use for prostitution
purposes; (h) dangerous recidivism; and (i) causing serious consequences. 289
287
Ibid.Paragraph I.2(b)
288
Penal Code, Article 119(3)
289
Ibid., Article 120(2)
Review of key legal documents and compliance with CEDAW