Trafficking persons under 16 years old or child trafficking is expressed through the act of purchasing a child from another person for the purpose of selling for profit or selling the child after purchasing or after abduction for profit. The act of buying and selling children can be carried out in various forms. However, regardless of the form, any individual who engages in any of the aforementioned acts shall be prosecuted for criminal liability for such conduct in Vietnam.
Article table of contents
Children are the victims in this case and are also under 16 years of age. The crime is considered completed from the moment the offender engages in the act of buying or selling children. If the consequences of buying or selling children have not occurred, it is considered an attempted offense.
The penalties for these crimes in Vietnam are divided into two frames, specifically:
- The first frame has a prison sentence ranging from 03 years to 10 years;
- The second frmae has a prison sentence ranging from 10 years to 20 years or life imprisonment;
Additional penalties include a fine ranging from VND 5 million to VND 50 million or prohibition from holding certain positions, practicing certain professions, or doing certain jobs from one year to five years.
Resolution 02/2019/NQ-HDTP, effective from March 15, 2019, will specify the application of penalty frames with details as follows:
- Organized crime is a form of complicity with close collusion and assignment, arrangement of roles of those who commit the crime together;
- Vile motive is the case where the offender commits the crime to take revenge; commits the crime to evade personal responsibility; commits the crime against someone to whom they owe gratitude, or other criminal acts showing ingratitude, treachery;
- Taking the victim out of the borders of the Socialist Republic of Vietnam is the case where the offender has or is taking the victim out of the national borders on land, sea, air, and underground of the Socialist Republic of Vietnam. Taking the victim out of the borders of the Socialist Republic of Vietnam is also considered if the exit procedure for the victim has been completed;
- Committing the crime 02 times or more is the case where the offender has committed the act of buying or selling people or buying or selling people under 16 years old 02 times or more but has not been prosecuted for criminal responsibility and the statute of limitations for prosecuting criminal liability has not expired;
- Professional nature is the case where the offender commits the act of buying or selling people or buying or selling people under 16 years old 05 times or more (regardless of being prosecuted for criminal liability or not, if the statute of limitations for prosecuting criminal liability has not expired or the criminal record has not been expunged) and the offender derives illegal profits obtained from buying or selling people or buying or selling people under 16 years old as the main source of livelihood;
- Removing the victim’s body parts is the case where the offender buys or sells people or buys or sells people under 16 years old, and subsequently removes the victim's body parts.
- Quynh Duong -
