CHARACTERISTICS OF VICTIMS OF HUMAN TRAFFICKING CRIMES IN VIETNAM TODAY

ABSTRACT

Human trafficking is a highly hidden crime that can occur in many different areas of Vietnam, especially in mountainous provinces, remote areas, and areas sharing borders with other countries, with favorable conditions for human trafficking crimes to operate. Methods and tricks of human trafficking crimes are increasingly sophisticated, many cases of organized crime, forming inter-provincial and transnational crime rings. In particular, one of the reasons leading to difficulties in preventing human trafficking crimes by authorities comes from the victims of this type of crime. This article analyzes the characteristics of victims of this type of crime in order to improve the effectiveness of preventing human trafficking crimes in Vietnam today.

АННОТАЦИЯ

Торговля людьми — это в высшей степени скрытое преступление, которое может происходить во многих различных районах Вьетнама, особенно в горных провинциях, отдаленных районах и районах, имеющих общие границы с другими странами, где существуют благоприятные условия для совершения преступлений, связанных с торговлей людьми. Методы и уловки преступлений, связанных с торговлей людьми, становятся все более изощренными, многие случаи организованной преступности формируют межпровинциальные и транснациональные преступные сети. В частности, одной из причин, приводящих к трудностям в предотвращении преступлений, связанных с торговлей людьми, властями, являются жертвы этого вида преступлений. В данной статье анализируются характеристики жертв этого вида преступлений с целью повышения эффективности предотвращения преступлений, связанных с торговлей людьми, во Вьетнаме в настоящее время.

Keywords: Human trafficking, victims, person under 16 years old, Penal Code, Vietnam.

Ключевые слова: торговля людьми, жертвы, лицо в возрасте до 16 лет, Уголовный кодекс, Вьетнам.

Article 2 of the 2024 Law on Prevention and Combat of Human Trafficking defines human trafficking as acts involving the recruitment, transportation, harboring, transfer, or receipt of individuals with the intention of obtaining money, property, or other material benefits; for sexual exploitation; forced labor; organ removal; or other inhumane purposes. These acts are carried out through the use of force, threats, deception, or other manipulative means. Additionally, the same acts committed against individuals under the age of 18 for similar purposes—except as otherwise provided by law—are still classified as human trafficking, even if no force, threats, or fraudulent methods are employed.

Article 2 of Resolution No. 02/2019/NQ-HDTP, which guides the application of Articles 150 and 151 of the current Penal Code concerning the crimes of human trafficking and trafficking of persons under 16, stipulates that human trafficking includes the following behaviors:

Transferring individuals in exchange for money, property, or other material benefits; Receiving individuals for such compensation; Transferring individuals for others to exploit sexually, force into labor, harvest organs, or for other inhumane purposes; Receiving individuals for those exploitative purposes; Recruiting, transporting, or sheltering people in order to perform the transfer.

Similarly, in the case of individuals under 16, the acts are defined as: Transferring a child under 16 in exchange for money, property, or other material gain (excluding humanitarian purposes);Receiving such a child under similar terms; Transferring the child for sexual exploitation, forced labor, organ removal, or other inhumane motives; Receiving them for the same purposes; Recruiting, transporting, or sheltering such a child to carry out the act of transfer.

Therefore, human trafficking is considered a dangerous social crime regulated under Articles 150 and 151 of the Penal Code. It is a deliberate act committed by a person with criminal liability, aimed at transferring or receiving another person to obtain or give money, property, or other material benefits; or to allow others to exploit the victim sexually, through forced labor, organ harvesting, or for other inhumane reasons. The act of recruiting, transporting, or harboring people to serve the transfer for such purposes also constitutes the crime and must be prosecuted according to criminal law.

Clause 7 of Article 2 of the 2024 Law on Prevention and Combat of Human Trafficking indicates: “A victim is someone subjected to the acts listed in Clause 1 of this Article and has been confirmed by a competent authority.” Accordingly, Clause 1 of Article 2 outlines various forms of human trafficking, including: recruitment, transportation, harboring, transfer, or reception of persons for the purpose of gaining money, property, other material interests, sexual exploitation, forced labor, organ removal, or other inhumane purposes using force, threats, fraud, or other tricks. Similarly, conducting these acts toward persons under 18 years old for the same purposes - even without coercion or deceit - is still considered human trafficking, except where the law states otherwise.

From this, a victim of human trafficking may be defined as someone who is transferred or received for the exchange of money, property, or material benefit; subjected to sexual exploitation, forced labor, organ removal, or other inhumane objectives; or is recruited, transported, or sheltered to commit any of those acts, regardless of whether force, threats, or deceit were used.

Children under the age of 16 are recognized as trafficking victims when they are transferred or received for money or material gain (excluding humanitarian exceptions), or subjected to sexual exploitation, forced labor, or organ harvesting. They may also be recruited, transported, or harbored for those purposes. Article 151 of the Penal Code 2015 (amended in 2017) makes clear that, in the case of individuals under 16, even if the child consents at any stage of the trafficking process, and regardless of whether coercion or deceit was used, they are still considered victims under the law. Thus, Clause 1, Article 2 reiterates that victims include those harmed by the acts of recruiting, transporting, harboring, transferring, or receiving people for the abovementioned exploitative purposes - whether or not coercion or fraud was involved.

Characteristics of Human Trafficking Victims

Victim as an Individual: The victim in human trafficking cases must be an individual - either a single person or a group - who is alive at the time of the act. Unlike other crimes where the victim can be an organization or legal entity, human trafficking exclusively targets individuals. The Penal Code allows anyone, regardless of gender or occupation, to be a perpetrator. The victim’s age determines the applicable legal provisions: those under 16 fall under Article 151, while older individuals are addressed under Article 150.

Various Forms of Harm: Victims of human trafficking often suffer multiple forms of harm:

- Physical harm relates to injury or endangerment to life and health. Even if not the primary aim, violence is frequently used to carry out the crime.

- Psychological harm manifests through emotional trauma, which may arise at the onset (due to deception or threats) or later, during exploitation.

- Economic harm includes ransoms or other expenses incurred by the victim or their family (e.g., treatment, travel).

Confirmation as Victim:

Clause 7, Article 2 of the 2024 Law defines a victim as someone abused under Clause 1 and recognized by an authorized body. Thus, two conditions must be met: the person must have suffered from trafficking acts and be formally identified. However, from a criminological point of view, the actual abuse alone suffices to qualify someone as a victim. Legal recognition is for ensuring entitlement to rights under the law. The 1985 UN Declaration affirms this by stating that a person is considered a victim even if the perpetrator is not caught or prosecuted, and regardless of any relationship between them.

Victims’ Backgrounds: Most trafficking victims come from disadvantaged socio-economic conditions: poor, unemployed, seasonal workers, or women in vulnerable jobs like waitressing or prostitution. They are often targeted due to traits such as low education, youth, limited social protection, and being easily manipulated. Some victims are students lured with false promises of jobs or support, or children from orphanages or hospitals. Victims tend to lack access to information, particularly in remote rural areas, making them more susceptible.

Vulnerability of Specific Groups: Most trafficking victims belong to vulnerable demographics—especially women and children. They are typically of working age or still developing, making them targets for labor and sexual exploitation. Many are trafficked to serve as illegal wives abroad, particularly in China. Some are sold to infertile families as adoptive children. Older male victims are trafficked to labor-intensive sites like kilns or mines. Younger children (newborn to age 8) are typically bought for adoption; those between 8–12 for household labor; and 12–16-year-olds, particularly girls, are targeted for prostitution or heavy labor.

The phenomenon of human trafficking remains one of the most serious violations of human rights globally and continues to manifest in complex and increasingly sophisticated forms. The legal frameworks established under the Law on Prevention and Combat of Human Trafficking 2024, along with relevant provisions in the Penal Code and guiding resolutions, have provided a comprehensive legal basis for the identification, prevention, and prosecution of human trafficking crimes. Particularly, the clear categorization of trafficking acts, the strong protection granted to minors regardless of coercion, and the recognition of victimhood based on both factual abuse and legal confirmation demonstrate the Vietnamese legislature’s commitment to addressing this issue.

Despite the existing legal foundation, challenges remain in the identification and protection of victims—especially those in marginalized or hard-to-reach communities. In practice, many victims are not officially recognized due to administrative delays, limited access to legal resources, or fear of stigma and retaliation. Moreover, while the law clearly stipulates protections and definitions, the implementation across different localities may vary due to resource constraints or inconsistent awareness among law enforcement and local authorities. The reality that victims come from diverse socio-economic backgrounds - including children, women, and workers in informal sectors - requires nuanced and context-sensitive approaches from policymakers, legal practitioners, and support organizations.

Recommendations:

Enhance Inter-agency Coordination: Strengthen collaboration among law enforcement, judicial bodies, social service agencies, and civil society organizations to ensure timely identification, support, and protection of victims.

Increase Awareness and Education: Launch nationwide awareness campaigns - especially in rural, remote, and disadvantaged areas - on the risks and signs of human trafficking. Educational programs should also target vulnerable populations, including students, seasonal workers, and migrants.

Expand Victim Support Services: Establish or reinforce shelters, counseling centers, legal aid programs, and reintegration services tailored to the needs of trafficking victims. Special attention should be paid to minors and women.

Training for Law Enforcement and Judicial Officers: Conduct regular and specialized training for police, prosecutors, and judges to improve their capacity to handle trafficking cases with a victim-centered and rights-based approach.

Strengthen Legal Enforcement and Monitoring: Ensure consistent application of trafficking laws nationwide. Introduce stronger monitoring mechanisms and penalties for authorities who fail to act upon reports of trafficking or who mishandle cases.

International Cooperation: As many trafficking cases involve cross-border elements, Vietnam should continue to cooperate with neighboring countries and international organizations to exchange information, repatriate victims, and dismantle trafficking networks.

By reinforcing these measures, Vietnam can not only improve the implementation of its existing legal framework but also foster a society in which human dignity is protected and upheld. The fight against human trafficking requires a comprehensive, inclusive, and persistent approach—rooted in law, strengthened by community engagement, and guided by a shared sense of justice and humanity.

References:

1. Criminal Code of the Socialist Republic of Vietnam 2015 (amended and supplemented in 2017) /URL: https://www.policinglaw.info/assets/downloads/2015_Criminal_Code_of_Vietnam_(English_translation).pdf  (date of request 20.04.2025)
2. Law on Prevention and Combat of Human Trafficking of the Socialist Republic of Vietnam 2024/URL: https://thuvienphapluat.vn/van-ban/EN/Trach-nhiem-hinh-su/Law-53-2024-QH15-prevention-combat-of-human-trafficking/640717/tieng-anh.aspx  (date of request 20.04.2025)