In Vietnam: Shall anyone, who commits human trafficking to take human body parts, face criminal responsibility?

In Vietnam: Shall anyone, who commits human trafficking to take human body parts, face criminal responsibility?

Pursuant to Article 150 of the Criminal Code in 2015 (amended by Article 1 of the Law on amendments to the Criminal Code in 2017) stipulating human trafficking as follows:

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.

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.

As regulations above, anyone, who commits human trafficking to take human body parts, shall carries a penalty of 05 - 20 years' imprisonment.

In Vietnam: Shall anyone, who commits human trafficking to 16-year-old people to take human body parts, face criminal responsibility?

Pursuant to Article 151 of the Criminal Code in 2015 (amended by Article 1 of the Law on amendments to the Criminal Code in 2017) stipulating trafficking of a person under 16 as follows:

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 circumstances carries 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 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 d Clause 3 of this Article.

3. This offence committed in any of the following circumstances carries 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 offence results in damage to physical or mental health of the victim and the victim’s WPI is assessed at ≥ 61%;

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 people;

g) Dangerous recidivism.

4. The offender might also be liable to a fine of from VND 50,000,000 to VND 200,000,000, put under mandatory supervision, prohibited from residence, prohibited from holding certain positions or doing certain jobs for 01 - 05 years or have part or all of his/her property confiscated.

As regulations above, anyone, who commits human trafficking to 16-year-old people to take human body parts, shall carries a penalty of 07 - 20 years' imprisonment or life imprisonment.

What are criminal responsibilities for violation of murder take human body parts in Vietnam?

Pursuant to Article 123 of the Criminal Code in 2015 stipulating murder as follows:

1. A murderer in any of the cases below shall face a penalty of 12 - 20 years' imprisonment, life imprisonment or death:

a) Murder of 02 or more people;

b) Murder of a person aged under 16;

c) Murder of a woman with the full knowledge of her pregnancy;

d) Murder of a law enforcement officer in performance of his/her official duties or murder of a person because of his/her official duties;

dd) Murder of the murderer's grandparent, parent, caregiver or teacher;

e) Murder committed right before or after committing a very serious crime or extremely serious crime;

g) Murder for the commission or concealment of another crime;

g) Murder for taking the victim's body parts;

i) Brutal murder;

k) Murder by taking advantage of the murderer's profession;

l) Murder using a method capable of killing many people;

m) Contract killing;

n) Murder of a gangster-like nature;

o) Organized murder;

p) Dangerous recidivism;

q) Murder from despicable motives.

2. Murder in circumstances other than those specified in Clause 1 of this Article carries a penalty of 07 - 15 years' imprisonment.

3. Any person who makes preparation for the commission of this offence shall face a penalty of 01 - 05 years' imprisonment.

4. The offender might be forbidden from practicing his/her profession or doing certain jobs for 01 - 05 years, face mandatory supervision or prohibition from residence for 01 - 05 years.

As regulations above, a penalty of 12 - 20 years' imprisonment, life imprisonment or death shall be imposed on anyone, who has the act of murder and takes human body parts.

Best regards!