Is adopting and paying a sum of money to the child's mother considered illegal children trafficking in Vietnam?

Is adopting and paying a sum of money to the child's mother considered illegal children trafficking in Vietnam?

Pursuant to Clause 2, Article 2 of Resolution 02/2019/NQ-HDTP stipulating factors in determining crime as follows:

2. “trafficking of a person under 16” means that a person commits any of the following acts:

a) Transferring a person under 16 for receipt of money, property or other financial interests, except for humanitarian purposes;

a) Receiving a person under 16 for transfer of money, property or other financial interests, except for humanitarian purposes;

c) Transferring a person under 16 for sexual slavery, coercive labor, taking body parts or for other inhuman purposes;

d) Receiving a person under 16 for sexual slavery, coercive labor, taking body parts or for other inhuman purposes;

dd) Recruiting, transporting, harboring a person under 16 for the commission of any of the acts specified in Point a and Point c of this Clause.

According to this Article, trafficking children, even if they are bought for adoption, is illegal and can be prosecuted for criminal liability for trafficking in people under 16 years of age. In your case, you and your husband are infertile and the child's mother does not have the means to raise the child. You have agreed to support the child's mother's family and approved a registered adoption at a competent state agency. permission. This is considered child trading for humanitarian purposes, so this is not considered illegal child trafficking in Vietnam.

Is adopting and paying a sum of money to the child's mother considered illegal children trafficking in Vietnam? (Image from the Internet)

What is handling for illegal children trafficking in Vietnam?  

In Article 151 of the 2015 Criminal Code, there are regulations on 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 out of Vietnam’s territory;

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 causes ≥ 31% WPI for the victim, 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 victim suffers from ≥ 46% mental and behavioral disability 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.

Best regards!