What is the maximum penalty for trafficking in persons under the age of 16 in Vietnam?

What is the maximum penalty for trafficking in persons under the age of 16 in Vietnam?

Pursuant to Article 151 of the Criminal Code in 2015 (amended by Clause 28 Article 1 of the Law on amendments to the Criminal Code in 2017) stipulating trafficking of a person under 16 as follows:

Trafficking of a person under 16

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.

Therefore, according to the regulations above, the maximum penalty for those who commit the crime of trafficking in persons under the age of 16 is imprisonment from 18 to 20 years or life imprisonment.

What is the maximum penalty for trafficking in persons under the age of 16 in Vietnam? - Source: Internet

What support is provided to victims of human trafficking in Vietnam?

Pursuant to Article 32 of the Law on Human Trafficking Prevention and Combat in 2011 stipulating as follows:

1. Victims who are Vietnamese citizens or stateless persons permanently residing in Vietnam may. depending on the cases specified in Articles 33 thru 38 of this Law. enjoy the following regimes:

a/ Support to meet essential needs and for travel expenses;

b/ Medical support:

c/ Psychological support;

d/ Legal aid;

e/ Support in general education and vocational training:

f/ Initial difficulty allowance, support in loan borrowing.

2. Victims who are foreigners trafficked in Vietnam may, depending on the cases specified in Articles 33 thru 36 of this Law, enjoy the supports specified at Points a. b. c and d. Clause 1 of this Article.

3. Accompanying minors of victims may. depending on the cases specified in Articles 33, 34 and 35 of this Law, enjoy the supports specified at Points a. b and c. Clause 1 of this Article.

4. The Government shall detail support regimes and the order and procedures for providing supports to victims.

Above are support regimes for victims of human trafficking in Vietnam.

Best regards!