The Ministry of Public Security is proposing the drafting of the Law on Prevention and Combating Human Trafficking (amended) with the objective of improving and creating a comprehensive, unified, and feasible legal basis for the organization, operation, and state management of the prevention and combating of human trafficking, ensuring better fulfillment of the requirements of the work on preventing and combating human trafficking.
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Strengthening Propaganda on Human Trafficking Prevention and Combat
The Ministry of Public Security stated that the Law on Human Trafficking Prevention and Combat was approved by the 12th National Assembly, 9th session, on March 29, 2011, and came into effect on January 1, 2012. The promulgation of this specialized law marks a developmental milestone in our State's legislative activities in general and in the field of human trafficking prevention and combat in particular, providing a favorable legal basis for competent agencies to fight against human trafficking and support trafficked victims.
Additionally, the issuance of the Law on Human Trafficking Prevention and Combat also has political significance both domestically and internationally, demonstrating the determination of the Communist Party and our State in combating human trafficking crimes...
However, after nearly 10 years of implementation, the Law on Human Trafficking Prevention and Combat has revealed many inadequacies. For example, most legal documents guiding the prevention and combat against human trafficking were issued a long time ago, rendering many regulations outdated with the current socio-economic conditions.
In 2013, the National Assembly passed the 2013 Constitution. To implement this Constitution, our State has enacted numerous codes and laws related to human trafficking prevention and combat such as: the Criminal Code 2015 (amended and supplemented in 2017), the Law on Legal Aid 2017, etc. However, most legal documents regulating human trafficking prevention and combat were issued before these documents. Consequently, many regulations in these documents are no longer consistent with the Constitution, codes, and laws mentioned above and are not suitable with the current socio-economic conditions.
Many legal regulations on human trafficking prevention and combat, and related tasks, are still inappropriate, contradictory, and overlapping, leading to difficulties in implementation (e.g., lack of regulations on translation costs for foreign victims or ethnic minority victims during victim reception, testimonial collection, or support at victim assistance centers or social protection establishments).
The agency assigned to decide on cultural and vocational training support under the Law and Decree No. 09/2013/ND-CP dated January 11, 2013, detailing the implementation of certain provisions of the Law on Human Trafficking Prevention and Combat are different. The duration of support varies between documents, impacting the effectiveness of this work.
Moreover, specific provisions of the Law on Human Trafficking Prevention and Combat are not compatible with international treaties signed by Vietnam related to human trafficking...
For these reasons, it is essential and objective to study and amend the Law on Human Trafficking Prevention and Combat to address the current limitations and difficulties, ensuring better compliance with the requirements of strengthening human trafficking prevention and combat in the upcoming period.
Readers are invited to review the full draft and provide comments here.
Minh Hien
