In recent years, economy is becoming more and more developed. This will have a result in the increase of crimes, including human trafficking. Human trafficking criminals have taken sophisticated actions to deceive and traffic in people, especially women and children. So about the matter “Crime of human trafficking under Vietnam law” Let’s find out with LSX in the article below.
Legal grounds
- Penal Code 2015
- Decree 09/2013/ND-CP
Crime of human trafficking under Vietnam law
The crime of human trafficking is a crime committed with a direct willful error in which the perpetrator infringes upon the basic rights of the victim such as freedom, human rights, etc for the purpose of exchanging, buying and selling to make a profit.
According to the provisions of Article 150 – Penal Code on the crime of human trafficking is prescribed as follows:
1. Any person who uses violence, threatens to use violence, deceives, or employs other tricks to commit any of the following acts shall face a penalty of 05 – 10 years’ imprisonment:
a) Transferring or receiving human people for transfer for money, property, or other financial interests;
b) Transferring or receiving human people for sexual slavery, coercive labor, taking body parts, or for other inhuman purposes;
c) Recruiting, transporting, harboring other people 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 cases shall carry a penalty of 08 – 15 years’ imprisonment:
a) The offence is committed by an organized group;
b) The offence is committed by despicable motives;
c) The victim suffers from 11% – 45% mental and behavioral disability because of the offence;
d) The offence results in 31% physical disability or more of the victim, except for the case specified in Point b Clause 3 of this Article;
đ) The victim is taken across the border out of Vietnam;
e) The offence is committed against 02 – 05 people;
g) The offence has been committed more than once.
3. This offence committed in any of the following cases shall carry a penalty of 12 – 20 years’ imprisonment:
a) The offence is committed in a professional manner;
b) The victim’s body part has been taken;
c) The victim suffers from 46% mental and behavioral disability or above because of the offence;
d) The offence results in the death or suicide of the victim;
đ) The offence is committed against 06 or more people;
e) Dangerous recidivism;
Elements of the crime of human trafficking
- The objective side:
The objective side of this crime has the following signs:
– There is an act of human trafficking for illegal gain. This behavior manifests in the form of using money, property or other means of payment in exchange for people (for sale) or vice versa for profit.
In fact, human trafficking is expressed in many different forms, usually done in a surreptitious manner with various forms of payment that can be in cash, in other assets, in goods…
– The victim must be a person who is full sixteen years of age or older. If the victim is under the age of sixteen, it constitutes the crime of child trafficking.
Note:
+ The crime is considered completed when the offender has completed the act of human trafficking. If human trafficking has not yet occurred, it is considered an unfulfilled crime.
+ The criminal prosecution of the offender does not depend on whether the victim knows or does not know that he or she is trafficked.
- The objects:
The above-mentioned crimes infringe on the right to protect the body and dignity of the human being.
- The subjective side:
– The offender committed this crime with willful error.
– The purpose of the crime is for self-seeking purposes (to gain illicit profits), but this is not the basic constitutive sign of this crime.
- The subject:
The subject of this crime is any person with criminal capacity.
Consequences of human trafficking
The crime of human trafficking must bear the following consequences:
– Those who use force, threaten to use force, deceive or other tricks to commit one of the following acts, shall be sentenced to between 5 and 10 years of imprisonment:
+ Transferring or receiving people to deliver or receive money, property or other material benefits.
+ Transferring or receiving persons for sexual exploitation, forced labor, organ removal or for other inhumane purposes.
+ Recruiting, transporting or harboring other people to commit the acts specified at Point a or Point b of this Clause.
– Committing the crime in one of the following circumstances, the offenders shall be sentenced to between 08 and 15 years of imprisonment:
+ Organizing.
+ For despicable motives.
+ Inflicting injury, causing harm to the victim’s health or causing mental and behavioral disorders of the victim with an injury rate of between 31% and 60%, if not falling into the case specified at Point b, Clause 3 of this Article. this.
+ Taking the victim out of the border of the Socialist Republic of Vietnam.
+ For from 02 people to 05 people.
+ Committing the crime twice or more.
– Committing the crime in one of the following circumstances, the offenders shall be sentenced to between 12 and 20 years of imprisonment:
+ Be of a professional nature.
+ The victim’s body parts were taken.
+ Inflicting injury, causing harm to the health or causing mental and behavioral disorders of the victim with a bodily injury rate of 61% or higher;
+ Causing the victim to die or commit suicide.
+ For 06 or more people.
+ Dangerous recidivism.
– Offenders may also be subject to a fine of between VND 20,000,000 and 100,000,000, probation, ban from residence for 1 to 5 years, or confiscation of part or all of their property.
Thus, based on Article 150 of the 2015 Penal Code, acts of human trafficking must bear the consequences according to the above provisions.
Crime of trafficking in persons under 16 years old
Acts of trafficking in persons under 16 years of age may be prosecuted for penal liability for the crime of trafficking in persons under 16 years of age according to the provisions of Article 151 of the Penal Code 2015 with the following fines:
Article 151. 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 cases shall carry 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;
đ) 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 victim suffers from 11% – 45% mental and behavioral disability because of the offence;
i) The offence results in 31% physical disability or more of the victim, except for the case specified in Point d Clause 3 of this Article.
3. This offence committed in any of the following cases shall carry 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 victim suffers from 46% mental and behavioral disability or above because of the offence;
d) The victim’s body part has been taken;
đ) The offence results in the death or suicide of the victim;
e) The offence is committed against 06 or more people;
g) Dangerous recidivism.
4. The offender may also be liable to a fine of from VND 50,000,000 to VND 200,000,000, be prohibited from holding certain positions or doing certain works for 01 – 05 years, be put under mandatory supervision for 01 – 05 years, or have all or part of his/her property confiscated.
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Frequently asked questions
Offenders who have taken a body part that decides the victim’s life (for example, heart, liver, etc.), causing the victim to die, shall be examined for penal liability for murder as prescribed at Point h, Clause 1 of this Article. 1 Article 123 of the Penal Code.
In this case, if causing injury, causing harm to the health, causing mental and behavioral disorders of the victim with a body injury rate of 61% or higher, or causing the victim to die due to infection or natural On a case-by-case basis, the offenders shall also be examined for penal liability according to the provisions of Point c or d, Clause 3, Article 150 of the Penal Code.
Pursuant to Article 188 of the Penal Code stipulates: Those who trade across the border or from a non-tariff zone into the inland or vice versa illegally goods, Vietnamese currency, foreign currency, precious metals and gems worth from 100,000 .000 VND to under 300,000,000 VND or under 100,000,000 VND but in one of the following cases, the offenders shall be subject to a fine of between VND 50,000,000 and 300,000,000 or a prison term of between 06 months and 03 years:
a) Has been administratively sanctioned for the acts specified in this Article or in one of Articles 189, 190, 191, 192, 193, 194, 195, 196 and 200 of this Code or has been sentenced for one of these crimes, the criminal record has not yet been expunged but still commits it;
b) Illegal objects are relics and antiquities.
Criminal tricks of traffickers are very diverse and sophisticated, but the most common are still the following tricks:
– Taking advantage of women and children in poor rural areas, with low education, difficult economic circumstances, and unemployment by promising to find a suitable job in the city with a stable salary, then find ways to bring it across the border to sell to owners or criminal organizations abroad.
– Taking advantage of loopholes in legal regulations, especially in consulting marriage brokers with foreigners, child adoption, sightseeing, visiting relatives, going to labor cooperation, immigration, etc. deceiving and selling women abroad.
– Taking advantage of our country’s open door and integration policy to get acquainted, create friendly relationships with women and children, even want to get married with Vietnamese people after a period of relationship and promise, create trust, trick victims to travel abroad, sell to traffickers.
– Taking advantage of the development of information technology such as the Internet and mobile phones to set up lines to bring women and children abroad for sale; organize cross-country sex tours.
– Hire women to give birth, then sell both mother and child.
– Help the families of women and children pay debts, lend money, properties or push the victim into debt, poverty and then threaten to force the victim to follow them.
Conclusion: So the above is Crime of human trafficking under Vietnam law. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
