Grounds defining victims of human trafficking in Vietnam

Grounds defining victims of human trafficking in Vietnam (Internet image) 

Regarding this issue, LawNet would like to answer as follows;

1. Grounds defining victims of human trafficking in Vietnam

Grounds defining victims of human trafficking according to Article 5 of Decree 62/2012/ND-CP is as follows:

* A person is defined as a victim when he/she is the subject of one of the following acts:

** Human trafficking: Persons are regarded as a type of commodity for exchange for cash or other material benefits;

** Transferring or receiving persons for:

- Forced prostitution;

- Forced performing as characters for the production of video tapes, discs, paintings, photos, calendars and articles in other forms with content propagating depraved lifestyle and pornography;

- Forced performances for others to watch their bodies, aiming to stimulate sex;

- Sex slavery;

- Forced labor;

- Taking illegally human organs;

- Forced beggary;

- Forced to be as a wife or husband;

- Forced childbirth contrary to their will;

- Forced to commit acts of law violation;

- For other inhuman purposes.

** Recruiting, transporting or harboring persons for performance of acts specified in Points a and b of Clause 1 of Article 5 of Decree 62/2012/ND-CP or for other inhuman purposes.

* The identification of victims must be based on the following sources of documents and evidences:

- Documents and evidences supplied by procedural bodies;

- Information and documents supplied by victim-rescuing agencies;

- Information and documents supplied by overseas Vietnamese missions;

- Documents supplied by competent overseas agencies or organizations;

- Statements and documents supplied by victims;

- Statements and documents supplied by persons who commit acts specified in Clause 1 of Article 5 of Decree 62/2012/ND-CP;

- Statements and documents supplied by persons who are aware of the matters;

- Other lawful information and documents.

* Where functional bodies cannot prove whether a person is the victim or not, after verifying his/her personal record, period of absence at local where he/she residents, the reasons for his/her absence which conform to his/her declarations to be object of one of the acts specified in Clause 1 of Article 5 of Decree 62/2012/ND-CP, they shall consider the following grounds to confirm he/she is a victim:

** That person is detected and rescued together with other victims;

** He/she once lived together with other victims at places where he/she was detained, managed and treated like these victims by persons who commit acts specified in Clause 1 of Article 5 of Decree 62/2012/ND-CP;

** Physical and mental manifestations: he/ she shows signs of being sexually exploited, forced to work, maltreated, injured, frightened, panicked, stressed or sick;

** During his/her absence from his/her residence place, his/her relatives has reported to a functional body on his/her missing or being object by one of the acts specified in Clause 1 of Article 5 of Decree 62/2012/ND-CP;

** Other lawful information to have grounds for believing that such person is a victim.

2. Measures of safety protection for victims and their relatives in Vietnam

According to Article 7 of Decree 62/2012/ND-CP, depending on each specific case and practical conditions, agencies being responsible for protection may apply one or some of the following protection measures to ensure safety for victims and their relatives (hereinafter referred to as protected persons):

- To keep secret protected persons' supply of documents and evidences.

- To keep secret information on the protected persons' privacy, identification characteristics, residence places, working or studying places and other information relating to them.

- To arrange security forces at protected persons' residence places, working, studying and traveling places, at court hearings and other necessary places.

- To restrain the traveling and communication scope of protected persons.

- To arrange temporary shelters for protected persons.

- To arrange new residence places, work or study places for protected persons.

- To apply measures to prevent and stop acts of encroaching upon or threatening with encroachment upon the lives, health, honor, dignity or property of protected persons as prescribed by law.

- To conduct trial behind closed doors.

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