How many years' imprisonment may persons engaged in human trafficking face? Is transporting Vietnamese people to other countries for employment and then selling them to casinos or cockfighting venues considered human trafficking?
How many years' imprisonment may persons engaged in human trafficking face?
Under Article 150 of the Criminal Code 2015 amended by Clause 27 Article 1 of the Law on Amendments to the Criminal Code 2017, the provisions are set as follows:
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 circumstances carries 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 offence results in damage to physical or mental health of the victim and the victim’s WPI is assessed at 31% - 60%, except in the circumstances specified in Point b Clause 3 of this Article;
d) The victim is taken out of Vietnam’s territory;
dd) The offence is committed against 02 - 05 people;
e) The offence has been committed more than once;
3. This offence committed in any of the following circumstances carries 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 offence results in damage to physical or mental health of the victim and the victim’s WPI is assessed at ≥ 61%;
d) The offence results in the death or suicide of the victim;
dd) The offence is committed against ≥ 06 people;
e) Dangerous recidivism.
Depending on the severity of the violation, the penalty for human trafficking shall be determined according to the aforementioned provisions.
How many years' imprisonment may persons engaged in human trafficking face? Is transporting Vietnamese people to other countries for employment and then selling them to casinos or cockfighting venues considered human trafficking? (Image from the Internet)
Is transporting Vietnamese people to other countries for employment and then selling them to casinos or cockfighting venues considered human trafficking?
Under Clause 1 Article 2 of Resolution 02/2019/NQ-HDTP, the provisions are stated as follows:
Factors in determining crime
1. “human trafficking” means that any person who uses violence, threatens to use violence, deceives or employs other tricks commits any of the following acts:
a) Transferring human people for receipt of money, property or other financial interests;
b) Receiving human people for transfer of money, property or other financial interests;
c) Transferring human people for sexual slavery, coercive labor, taking body parts or for other inhuman purposes;
d) Receiving human people for sexual slavery, coercive labor, taking body parts or for other inhuman purposes;
dd) Recruiting, transporting, harboring other people for the commission of any of the acts specified in Point a and Point c of this Clause.
Using violence, threatening to use violence, deceiving, or using other tricks to engage in one of the actions specified above constitutes the crime of human trafficking.
Therefore, if someone uses sweet words such as promising light work with high salary, great benefits, stable income to bring others to work in foreign countries like Cambodia, Thailand, China, etc., and then sells them to casinos or cockfighting venues, it can be considered an act of human trafficking.
What is the time limit for criminal prosecution for human trafficking in Vietnam?
Under Article 27 of the Criminal Code 2015, the provisions are as follows:
Time limit for criminal prosecution
1. The time limit for criminal prosecution is a time limit set out by this document and upon the expiration of which the offender does not face any criminal prosecution.
2. Time limits for criminal prosecution:
a) 05 years for less serious crimes;
b) 10 years for serious crimes;
c) 20 years for very serious crimes;
d) 20 years for extremely serious crimes.
3. The time limit for criminal prosecution begins from the day on which the crime is committed. During the time limit set out in Clause 2 of this Article, if the offender commits another crime for which the maximum sentence is over 1 year's imprisonment, the time limit for prosecution for the previous crime will be reset and begins from the day on which the new crime is committed.
During the time limit set out in Clause 2 of this Article, if the offender deliberately evades capture and a wanted notice has been issued, the time limit will begin when he/she turns himself/herself in or gets arrested.
Under the nature and actions of the crime of human trafficking, the imprisonment penalty for the offender will be determined. Following this, based on the penalty, whether the crime is considered serious, very serious, or particularly serious shall be determined to set the time limit for criminal prosecution in accordance with the aforementioned provisions.
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