English - CEDAW Southeast Asia

CEDAW and the Law:
an explicit provision that exempts these victims from prosecution may work to instill fear of
prosecution and punishment, leading to the non-reporting of cases. This does not preclude
prosecution of trafficking victims where they have also been active and willing offenders of trafficking
laws, with due regard to their experiences as a trafficking victim for humane reasons,
where relevant.
Recommendation: It is recommended, therefore, that an explicit provision excluding
victims of trafficking from prosecution in relation to acts that are committed as a
direct consequence of their situation of trafficking - for example, engaging in prostitution,
use of illegal or forge documents, or illegal entry and exit - be stipulated.
Indicator 39
Indicator 40
Indicator 41
Indicator 42
Does legislation put in place measures to combat trafficking
What legislative measures are in place to address needs of
victims of trafficking and their families
Are there interim and permanent protective measures required by
law for the protection of the victim/survivors of trafficking
Does legislation exists ensuring that women who have been
trafficked and their children are able to claim citizenship, residency
and other rights
After the approval of the Directive No. 766/1997/CT-TTG of 17 September 1997 on the
Assignment of Responsibilities for Taking Measures Against the Illegal Sending of Women and
Children Abroad (Directive on Sending Abroad) and Resolution 09/1998/NQ-CP of 31 July
1998, there is more attention provided to the issue of trafficking. In July 2004, the National
Plan of Action against Crime of Trafficking in Children and Women during the period of 2004-
2010 (Decision No. 130/2004/QD-TTG of July 14, 2004 Decision of the Prime Minister)
(National Plan of Action Against Trafficking) was adopted. The National Plan of Action Against
Trafficking supplemented the Directive on Sending Abroad and Resolution 09/1998/NQ-CP of
July 31, 1998 as well provided more focused attention to the issue. The National Plan of Action
Against Trafficking has four major components: (a) communication and education; (b) fight
against crime; (c) receipt and support of returning victims; and (d) development of legal framework
on trafficking.
154
In the Decision 312/2005/QD-TTG of November 30, 2005, Approving the Projects under
the Programme of Action against the Trafficking in Women and Children from 2005 to 2010
(Decision on Trafficking 2005), the four components of the National Plan of Action Against
Trafficking are fleshed out as four concrete projects under the Programme of Action against
Trafficking, the contents of which are:
Project 1:
Communication and Education in Communities and Combat of
Trafficking in Women and Children; 317
316
UNICEF, Department of Criminal and Administrative Laws (Ministry of Justice) and United Nations Office on Drugs and Crime,
‘Assessment of the Legal System in Viet Nam in Comparison with the United Nations Protocol on Trafficking in Persons and
Smuggling of Migrants, Supplementing the United Nations Convention against Transnational Organized Crime’ Justice
Publishing House, Ha Noi, April 2004 (UNICEF Assessment), p. 28
317
The objectives of the project are: (a) to raise awareness of women, children and all people about the tricks used to effect, causes
and consequences of trafficking in women and children, focusing on women aged between 18 and 35 and juvenile girls; and (b)
to build capacity for officials, communicators and collaborators in terms of knowledge about trafficking in women and children,
including laws and policies and skills on communication and education. The key implementing agency is the Viet Nam Women’s
Union.
Review of key legal documents and compliance with CEDAW