doi: 10.1111/imig.12189
Protection for Trafficked Persons in Viet
Nam: Another National Security Discourse?
Thi Tue Phuong Hoang*
INTRODUCTION
Viet Nam has ratified the Trafficking Protocol and the Convention on Transnational Organised
Crime (CTOC) and is therefore bound to adopt the three purposes of the Protocol (art 2), namely
Prevention, Protection and Cooperation between States. This article is about the implementation of
the Protection obligation in Viet Nam. Under the Trafficking Protocol, trafficked persons are
regarded as victims of human rights abuses (see Trafficking Protocol: preamble, arts 6-8) as well
as victims of crime. Viet Nam’s 2011 anti-trafficking law (2011) incorporates a protection regime
for trafficked persons that purports to follow the international framework’s rights-based, victim-centred approach. However, this article demonstrates that the Vietnamese legal framework fails in this
approach. For example, trafficked persons can be sanctioned for infringement of the law, including
status-related offences. In other aspects of the law, trafficked persons are seen as passive victims
rather than people with agency and autonomy who can make informed decisions about their life.
The manner in which Viet Nam’s protection regime characterizes trafficked persons reflects the
nation’s perception of trafficking. Viet Nam views trafficking as a problem that is connected to
prostitution, which is regarded as a “social evil”, and as such trafficking is seen as an issue connected to maintenance of national pride and identity. This is the result of an enduring and dominant
perception of trafficking as an issue of border control and national security. Furthermore, as I will
demonstrate, Viet Nam’s protection regime ignores the link between trafficking and labour migration by continuing to focus on trafficking in women and children for sexual exploitation.
First, the article describes the trafficking situation in Viet Nam and the protection regime, before
explaining how the Vietnamese legal framework views trafficked persons as tools of the legal
system.
THE TRAFFICKING SITUATION IN VIETNAM
In Viet Nam, trafficking in persons affects men, women and children for a broad range of purposes,
including but not limited to prostitution. Although Vietnamese law now contains a gender-neutral
term to describe trafficked persons, anti-trafficking policy responses still maintain a gendered focus.
In Viet Nam, recruitment appears to involve “the activities of individuals” more than large-scale
organized crime operations (Le, 2000; Kelly and Le, 1999; Marshall, 2005). Many trafficked persons are migrants who exercise agency in voluntarily choosing to migrate, often for employment or
the chance of a better life, but are subsequently exploited during their migration journey.
* University of Law, Ho Chin Minh City.
Published by John Wiley & Sons Ltd.
© 2015 The Author
International Migration © 2015 IOM
International Migration Vol. 53 (4) 2015
ISSN 0020-7985
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Hoang
Trafficking is considered in the context of a border security and anti-migration discourse, due to
the many restrictions or bans which prevent unskilled or low-skilled workers from migrating (Piper,
2002; Cacioppo, 2006; Government Decree 136/2007/ND-CP: art 3). As a result, flows of unskilled
or low-skilled workers from Viet Nam to other countries in the Greater Mekong Sub-region are
mostly irregular because the government has not facilitated legal channels for these movements
(ADB, 2009; Revenga, 2006; Consular Department, 2012). These legal barriers exacerbate the vulnerability of irregular labour migrants to exploitation at their destination.
In the following sections I review the existing literature in this area.
Trafficking in women
Vietnamese women, who are seen as the main group of trafficked persons, are reportedly trafficked
to China, Cambodia, Laos and Thailand, as well as to countries outside the sub-region such as Taiwan, Malaysia and Macau. Women are trafficked for prostitution or sexual exploitation (Cacioppo,
2006), forced surrogacy (CEOP and British Embassy, 2011) and marriage (Belanger, 2010; Cacioppo, 2006; Dang, 2006b). However, in many instances, trafficking in Viet Nam does not conform to
the widely held myth that female victims are kidnapped into prostitution, but conforms more to
labour migration narratives. As a result of the increasing numbers of women and girls participating
in labour migration, there has been a corresponding increase in exploitation of female Vietnamese
migrant workers in destination countries. Additionally, internal trafficking of women into domestic
work has been occurring since 1999 (Kelly and Le, 1999). Female labour migrants may choose to
migrate within Viet Nam or to another country, and subsequently find themselves in an exploitative
situation that amounts to trafficking.
Trafficking in children
In Viet Nam, trafficking in children is closely connected to other forms of commercial sexual
exploitation of children, including child prostitution, child pornography and child sex tourism, both
internally and across borders. Vietnamese girls have reportedly been trafficked into the sex industry, both internally and to China, Cambodia and Singapore (Dang, 2006b; ECPAT International,
2011; Kelly and Le, 1999). It is also believed that children have been trafficked as brides for men
from Viet Nam, China and Taiwan (Kelly and Le, 1999; Kneebone and Debeljak, 2012). Children
can be initially trafficked for marriage in Taiwan or labour in China, but subsequently end up in
slavery-like conditions or in forced labour, including prostitution (Kelly and Le, 1999).
Trafficking of children in Viet Nam is also associated with the issue of child labour. Children are
reportedly tricked into working in factories, mines and domestic service, and it is understood that
this is becoming an increasingly prevalent part of internal trafficking (Kelly and Le, 1999). Vietnamese boys have been trafficked to work in cannabis growing operations in the United Kingdom
(CEOP and British Embassy, 2011). Significantly, Viet Nam is also a destination for Cambodian
children who are trafficked to urban areas for forced labour or commercial sexual exploitation (ECPAT International, 2011).
Trafficking in men
Although the main focus of anti-trafficking in Viet Nam is on women and children. Vietnamese
male migrant workers are also being tricked into exploitative working conditions in other countries
(CEOP and British Embassy, 2011). Vietnamese male labourers are trafficked to Cambodia, Laos
and Thailand across land, and to Korea and Hong Kong by sea, for work on construction sites or
in the fishing industry (Kelly and Le, 1999). Vietnamese men are also trafficked internally for work
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in factories, brick kilns and gold mines (Cacioppo, 2006; CEOP and British Embassy, 2011;
ECPAT International, 2011).
The link between trafficking and internal migration
In Viet Nam, while “unorganized” internal migration flows are usually from rural to urban areas, there
is also rural to rural and urban to urban migration, as Vietnamese men, women and children search for
employment (Marx and Fleischer, 2010). Such migrants have sought jobs in any industry, including
but not limited to prostitution, and many have experienced sexual and labour exploitation. In fact,
most human trafficking within Viet Nam is for labour exploitation rather than prostitution.
The government has largely ignored internal trafficking, especially involving labour exploitation,
even though they recognize that there is large-scale internal movement (Marx and Fleischer, 2010).
As a result, there is no official “safe migration” policy for internal migrants. The government has
discouraged migration from rural areas to urban centres, particularly major cities, in order to control
population growth in these cities (Marx and Fleischer, 2010). The Vietnamese governments’ SocioEconomic Development Programme 2001–2010 (Marx and Fleischer, 2010) explicitly mentions
internal migration, but with the aim of reducing spontaneous migration rather than providing a
framework for the protection of migrants. This application of the national security discourse
increases the vulnerability of internal migrants, which can lead to their exploitation.
VIET NAM’S RESPONSE TO HUMAN TRAFFICKING
Viet Nam’s trafficking definition and legal framework
Viet Nam is legally bound by the international trafficking definition in the Trafficking Protocol. As
such, I will analyse Viet Nam’s legal approach to trafficking in persons by comparing Viet Nam’s
legislative framework with the international standards set out in the Trafficking Protocol. Viet
Nam’s trafficking offences can be found in article 4 of the 2011 Anti-Trafficking Law, which makes
reference to Viet Nam’s Penal Code Amendment 2009 (art 4(1)).Articles 119 and 120 of the Penal
Code Amendment 2009 provide respectively for the criminalization of “trading in persons” and
“trading, fraudulently exchanging or appropriating children”, although there is no definition of the
term “trading”. The new Anti-Trafficking Law expands the trafficking offences to include recruiting,
transporting, transferring, harbouring or receiving persons for the specific purposes of organ
removal, forced labour, sexual exploitation “or other inhuman purposes”(arts 4(2) and 4(3)). These
provisions in the new Anti-Trafficking Law are similar to the definition of trafficking in the Trafficking Protocol, with the notable exception of the means element. The exemption from the means
requirement for child victims in the Trafficking Protocol (arts (3)(c)-(d)) was therefore not included
in the Anti-Trafficking Law, which removes a layer of protection and could result in children being
excluded from the protection mechanisms because they are not identified as trafficked persons.
The trafficking offences under Vietnamese law focus on “trade, profit and illegality” (Kneebone
and Debeljak, 2012), which is closer to the narrative of slavery and of prostitution than the broader
idea of end-purpose exploitation which is arguably the gist of the Trafficking Protocol definition
(UNODC et al., 2004; Kneebone and Debeljak 2012). As in the Trafficking Protocol, Vietnam’s
Anti-Trafficking Law does not require actual exploitation, only the intention to exploit. Under the
Trafficking Protocol, consent is an “irrelevant”consideration in determining whether a person has
been trafficked (art 3(b)). Remarkably, Viet Nam’s Anti-Trafficking Law makes no mention of consent, despite the prevalence of labour migration and agency by migrants who are subsequently
exploited during their migration journey.
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Viet Nam’s Protection response
The victim centred approach to trafficking in persons focuses on victim identification and the protection and fulfilment of the trafficked person’s needs and rights (Gallagher, 2010). However, the
Trafficking Protocol adopts a criminal justice approach by favouring the criminalization of trafficking in persons and the pursuit of prosecutions at the expense of adequate protection measures for
trafficking victims (Kneebone and Debeljak, 2012; Gallagher, 2010). The Trafficking Protocol provides insufficient guidance on victim identification and insufficient protection from detention for
victims (Gallagher, 20101). It is also silent on the protection of victims from criminalization for
status-related crimes, which is a core feature of the victim centred approach (Gallagher, 2010).
Although the Trafficking Protocol does not provide an adequate protection framework, there is
growing recognition that protection is an important obligation of State parties, due primarily to an
acknowledgment of the benefits it provides to the criminal investigation and prosecution process
(Gallagher, 2010). Despite the incentive to focus on protection being grounded in the criminal justice approach, this is a positive development towards a victim-centred protection response to human
trafficking.
While the Anti-Trafficking Law adopts the victim-centred approach to victim identification and
protection as one of its guiding principles (art 4(2)), Viet Nam has not successfully adopted this
method. Below, I will outline a number of factors which hamper Viet Nam’s victim-centred
approach to trafficking in persons, including the lack of safe migration programmes, insufficient
victim identification measures, forced rehabilitation and the criminalization of trafficked persons.
The need for safe migration programmes
In protecting its national security, Viet Nam’s legal response to trafficking has failed to recognize
the links between irregular labour migration, the lack of legal alternatives for migrants and the incidence of trafficking. The immigration policy ignores people’s desire to migrate by failing to provide legal alternatives to facilitate safe migration and to protect migrant workers’ rights at their
destination (Marshall, 2005). For example, many trafficked persons work without a formal labour
contract, which places them outside the protection of labour laws and makes them vulnerable to
insecure and lower paying work, without access to social services or health and employment insurance (Marx and Fleischer, 2010). Even though the government has a new focus on regional “safe
migration”,1 there have not been any efforts to remove legal barriers to migration between countries
(CRC 1989; 1930 Forced Labour Convention; ILO No 182 1999).
The current prevention efforts aimed at reducing vulnerability at the community level are often
designed to discourage migration rather than to facilitate safe migration (Marshall, 2005). Focusing
on the vulnerability of migrants at their place of origin will detract attention from efforts to eradicate the factors that facilitate the migrant’s exploitation at their destination (Marshall, 2005). As
prevention programmes that focus on reducing poverty or raising awareness of trafficking have not
successfully decreased the magnitude of the trafficking problem, there needs to be a change of
focus to incorporate safe migration programmes which open up legal migration opportunities for
Vietnamese workers, both internally and externally, whilst also effectively protecting their rights at
their destination.
Rescue
The perception that trafficked persons are passive victims is manifested through the frequent use of
the term “rescue” in Vietnamese anti-trafficking policy, including the anti-trafficking law and its
implementing legal documents, see Anti-Trafficking Law 2011: arts 4(1), 29, 55; Government
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Decision 17/2007: arts 3(1), 5(2), 26; Circular 3/2008: pt I ss 1(b), 2(c)). This promotes an image
of trafficked persons as people who lack self-determination, autonomy and agency and who are in
need of rescue and government intervention (Anti-Trafficking Law 2011: art 29). This perception
will affect victim-centred protection responses at the identification stage as it results in insufficient
attention being given to the individual experiences of trafficked persons (Kneebone and Debeljak,
2012).
Victim Identification
Under the Trafficking Protocol, trafficked persons are entitled to protections and “entitlements” that
are not available to smuggled persons or other migrants, rendering victim identification an essential
element of the protection framework (Gallagher, 2010). A recent IOM report found that in
Vietnam:
From the central level to the provincial. . . government officials, mass organizations and other organizations are operating without a clear understanding of the nature of trafficking, who it affects and
how it operates. (IOM, 2012)
Furthermore, Vietnamese officers carry out the identification process with the mistaken belief that
its purpose is to prosecute traffickers rather than protect and assist victims (Anh, 2010).2 As a
result, a person will only be regarded as a trafficked person, and given the protection and assistance
to which they are entitled, if the trafficker(s) can be identified.
The gendered understanding of trafficking in Viet Nam is another factor that can affect victim
identification. Prior to the Anti-Trafficking Law 2011, Governmental Decision 17/2007 referred only
to victims of trafficking in women and children (Government Decision 17/2007: art 3(2); see also
Circular 3/2008: s 2(a) pt I). The new Vietnamese law now defines “trafficked persons” as “victims
of trafficking” in gender-neutral terms that should theoretically expand the anti-trafficking response
to include a stronger focus on trafficking in men and boys.
Furthermore, Viet Nam’s perception of trafficking as a social evil, and more broadly as part of
the national security discourse, raises concerns about the fate of victims trafficked for the purposes
of prostitution or sexual exploitation, who are often classified as sex workers and targeted as such.
While trafficked persons are considered to be victims under Vietnamese anti-trafficking policy (see
NPA 2004–2010: project 3), in practice the social evil approach appears to promote the perception
that trafficking victims are criminals (Vijeyarasa, 2010). As a result, the social evil approach isolates victims of trafficking for prostitution or sexual exploitation, pushing them into a “hidden population” because of their fear of being labelled as a prostitute on return (Dang, 2006a; ILO-IPEC
2001). This can affect their access to social services and undermines their ability to reintegrate into
society.
Recognition of a trafficked person’s rights is dependent on their identification as a victim. Article
4(2) of the Anti-Trafficking Law 2011 states that “[v]ictims’ legitimate rights and interests must be
respected, and discrimination or differentiation shall not be made against victims.” Article 6 of this
law explicitly gives trafficked persons the right to the protection of their physical safety, and to
access support service programmes and compensation (Anti-Trafficking Law 2011: art 6(1)-(3)).
Nevertheless, the Vietnamese anti-trafficking framework does not fully acknowledge the internationally recognized human rights of trafficked persons.
Rehabilitation and reintegration
Vietnamese law provides that the transfer of a trafficked person to a victim support institution must
be with the person’s consent (Anti-Trafficking Law 2011: arts 24–6) (except in cases of trafficked
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persons who are “helpless children”) (Anti-Trafficking Law 2011: art 26(1)(b)). However, although
it is claimed that Vietnamese trafficked persons voluntarily enter these institutions, it has been
reported that this is the case for only the minority of trafficked persons (AFESIP Vietnam, 2009).
Furthermore, whilst there are institutions that support trafficked persons in Viet Nam,3 these centres
are in fact also being used for the compulsory rehabilitation of victims of sex slavery, prostitution,
domestic violence, sexual exploitation and drug users (IOM, 2010).4
Arrests are popular measures applied to sex workers and brothel owners in Vietnam, whether foreigners or nationals (Dang, 2006a). Since 1 July 2013, sex workers are no longer forced into rehabilitation centres. However, they can still be subject to administrative sanctions, such as fines.
Brothel owners, on the other hand, may face administrative and/or criminal sanctions. Women trafficked for sexual exploitation are at risk of being treated in this way. Being classified as a sex
worker affects a trafficked person’s ability to socially reintegrate into the Vietnamese community
(Vijeyarasa, 2010). This is a violation of their rights and interests as victims of human rights
abuses. The arrests that trafficked persons experience may further stigmatize them and deny them
the protection to which they are entitled.
Criminal and administrative sanctions for trafficked persons
Another barrier to the victim centred approach is that trafficked persons are subject to criminal and
immigration laws. Promisingly, since the drafting of the Trafficking Protocol, UN bodies have
made recommendations that support and encourage the exemption of trafficked persons from being
charged for illegal activities that were caused by or related to their trafficking situation (Gallagher,
2010).
Nevertheless, both Vietnamese trafficked persons and foreigners who are trafficked into Viet
Nam do not have legislative guarantees that they will not be subject to administrative sanctions and
criminal penalties, which stems from Viet Nam’s perception of trafficking as a social evil and an
issue of national security. As such, trafficked persons who engage in prostitution, hold false travel
documents, or who work in specified jobs without a licence may be subject to legal penalties
(UNODC et al., 2004). Due to the social evil approach, trafficked persons who engage in prostitution are often treated as sex workers and subjected to “administrative handling measures”, which
include compulsory attendance at a medical treatment institution for education, vocational training
and medical treatment (Hoang, 2008).5
There are many instances in which a foreign trafficked person may be criminalized in Viet Nam.
If a foreigner has illegally entered Viet Nam, they may be subject to administrative or criminal liability as an illegal migrant. Vietnamese law views the smuggling of migrants as a national border
security issue, and also considers that migrants who cross the border unlawfully are criminals
(Wang, 2005). Foreign trafficked persons who hold false travel documents, such as a passport or
visa, may face criminal penalties under Articles 266 and 267 of the Penal Code 2009. They may
also be subject to administrative liabilities for illegally working or conducting activities that are not
permitted by their visa (UNODC et al., 2004). Foreign trafficked persons are at risk of being
detained or deported for failure to assist with the prosecution of their trafficker, because of their
status or illegal behaviour as a result of their trafficking experience, or because they have not been
identified as a trafficked person (Gallagher, 2010).
As discussed above in relation to foreigners, Viet Nam nationals may face administrative or criminal sanctions if they illegally exited Viet Nam. However, according to a Joint Circular distributed
to the relevant Vietnamese governmental agencies (UNODC et al., 2004),6 people who flee Viet
Nam illegally and then voluntarily return are not to be prosecuted the first time they re-enter the
country but they will be subject to administrative sanctions such as fines, confiscation of passports
or travel documents, or deportation (Government Decree 49/1996/ND-CP; Government Decree
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150/2005/ND-CP; Contra UNODC et al., 2004). Furthermore, article 274 of Viet Nam’s Penal
Code 1999, which criminalizes the act of “[i]llegally leaving or entering the country, illegally staying abroad or in Vietnam”, states that a person who has “already been administratively sanctioned. . . but continue[s] the violation”will be subject to a prison sentence or fine (UNODC et al.,
2004).
It has been claimed that these adverse measures are rarely applied (UNODC et al., 2004). While
there are no official records of prosecutions of trafficked persons, it cannot be denied that the existence of these measures in Vietnamese national law is a violation of the principle of non-criminalization of trafficked persons under international law (Hoang, 2008). The presence of these offences
still poses a risk for trafficked persons.
Criminal investigations and proceedings
Whilst international law considers the issue of access to information and the right to participate in
legal proceedings as a natural right of trafficked persons, Vietnamese law regards participating in
judicial proceedings and cooperating with the competent authorities as obligations of victims of
crime, from which trafficked persons are not immune (CPC 2003: art 51(2); UNODC et al., 2004).
The Anti-Trafficking Law 2011 explicitly provides that trafficked persons are obliged to cooperate
with the relevant agencies in relation to the prosecution and investigation of human trafficking
cases (arts 6(4), 6(5)).Moreover, under the terms of the CPC 2003, trafficked persons can be summoned by an investigating body to give testimony regardless of their willingness or ability to cooperate (CPC 2003: art 137). The CPC 2003 also provides that trafficked persons can be required by
the investigating body to attend a conference and to confront other witnesses or the trafficker in
cases where there is conflict between their testimony and that given by other people (CPC 2003:
art 138). This means that trafficked persons are obliged to participate in judicial proceedings rather
than being given the option to do so.
Article 31 of Viet Nam’s Anti-Trafficking Law 2011 states that the personal information of trafficked persons must be kept private unless otherwise required by law (art 31(1)) and that courts
can decide to conduct “closed court sessions”when hearing human trafficking cases (art 31(2)).
However, article 124 of CPC 2003 merely provides for the confidentiality of investigation information and does not give trafficked persons the right to request the protection of their privacy and
identity (UNODC et al., 2004). Under CPC 2003, even if a court exercises the discretion to conduct a closed hearing, the verdicts are still announced publicly (CPC 2003: art 18; UNODC et al.,
2004). It is unfortunate that there has not yet been any indication to suggest that the Anti-Trafficking Law 2011 will override the provisions of CPC 2003, as the CPC focuses on the effectiveness
of the investigation rather than the privacy and identity of victims. As the Anti-Trafficking Law
2011 does not specifically provide for the right to privacy in the prosecution of human trafficking,
the CPC 2003 applies.
Article 6(2) of the Trafficking Protocol guarantees the right of trafficked persons to access information and to present their views and concerns in relevant proceedings “as appropriate”. However,
in Viet Nam, a trafficked persons’ right to access information, legal advice and assistance is not
protected by either national law or bilateral agreements between the Vietnamese government and
its counterparts in neighbouring countries. Furthermore, this legislative right is not protected by
policy or practice. This is a strong indication that the Vietnamese legal system views trafficked
people as tools of the legal system rather than bearers of rights.
Although foreign trafficked persons cannot be compulsorily kept in Viet Nam under the AntiTrafficking Law 2011 in order to ensure their participation in criminal proceedings, Vietnamese policy allows this to occur. An Ordinance of the Vietnamese government allows an investigating
agency or a court to request the delayed deportation of a foreign trafficked person in order to
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secure their cooperation in criminal proceedings against their trafficker (Ordinance No 24/2000;
Government Decree 21/2001: art 19(1)). In principle, the cooperation of trafficked persons is an
important element in the effectiveness of criminal proceedings against traffickers. However, the protection of the best interests of trafficked persons through all stages of the trafficking process is
more important than their role as tools of the criminal justice system.
CONCLUSION
The biggest challenge for Viet Nam’s protection regime for trafficked persons is the perception of
trafficking victims as tools of the legal system rather than bearers of human rights. Their right to
privacy is not respected and they may be liable to criminal or administrative sanctions for migration
or status-related offences. This is a clear violation of the principle of non-criminalization of trafficked persons in international law that prevents trafficked persons from enjoying the protection
and assistance to which they are entitled. Vietnamese anti-trafficking policymakers have not yet
fully recognized Viet Nam’s responsibility to protect the rights and interests of trafficked persons.
Instead, trafficked persons are believed to owe an obligation to the state to assist with the criminal
prosecution of their trafficker.
The second challenge to Viet Nam’s protection framework is the identification of trafficked persons, which is caused by inconsistencies between laws and perceptions of trafficked persons. The
perception in Vietnamese anti-trafficking policy that trafficked persons are passive victims results
in insufficient attention being given to their migration experiences and exploitation at destination.
This leads to problems in both the identification and reintegration processes.
These challenges arise from Viet Nam’s persistent focus on trafficking in women and children
for sexual exploitation, despite the evidence that trafficking for labour exploitation is more prevalent. These shortcomings in Viet Nam’s protection regime reflect the characterization of trafficking
as a social evil and an issue of national security and pride. Viet Nam’s anti-trafficking response
needs to adopt a human rights and victim centred approach to ensure that trafficked persons have
access to justice and protection under the Vietnamese legal system.
ACKNOWLEDGEMENTS
This article was made possible through the support of Professor Susan Y. Kneebone. I would also
like to especially thank Professor Kneebone and Janelle Kenny for helping me very much with
their precise comments and editorial assistance for this article.
NOTES
1
Information on a project for promoting safe migration from Viet Nam is available at <http://www.iom.int/jahia/Jahia/media/press-briefing-notes/pbnAS/cache/offonce;jsessionid=BB598AA022FEC5909119CF4A68BE4
A33.worker02/cache/offonce?entryId=31013> accessed on 14 January 2012. This project is a collaboration
between the DOLM, VCWU and IOM from November 2011 to June 2013 to provide information and services to Vietnamese labour migrants (with their destination unspecified). Additionally, a website supporting
safe migration has been established by the Consular Department (Ministry of Foreign Affairs) in collaboration with the IOM and EU. Information available at <http://www.dicu.gov.vn/> accessed on 14 January
2012. See also IOM 2013, ‘Enhancing The Protection Of Vulnerable Migrant Workers In The Lower Mekong Region Through Awareness Of Their Rights And Through Improved Safe Migration Channels’ http://
www.iom.int.vn/joomla/index.php?option=com_content&task=view&id=341&Itemid=294accessed on 24 March
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3
4
5
6
33
2014; ILO 2013, Tripartite Action for the Protection and Promotion of the Rights of Migrant Workers in the
ASEAN Region (ASEAN TRIANGLE Project),<http://www.ilo.org/asia/whatwedo/projects/WCMS_193023/
lang–en/index.htm >accessed on 24 March 2014.
This is the opinion of Ms. Le Hong Loan, UNICEF Vietnam.
According to (unpublished) reports of NGOs to UNIAP Viet Nam on centres/shelters, there have been six
shelters, one housing project and two IOM assessment centres. They are mostly under the administration of
governmental agencies, such as the CWD under Vietnam Women’s Union or the Department of Labour,
War Invalid and Social Affairs (DOLISA). See UNIAP Vietnam, 2009.
Among shelters/centres as aforementioned, there are only three shelters/centers specifically dedicated to trafficked women and children. It has also been reported that victims of trafficking have been put in Centre 0506 for Rehabilitation of sex workers and drug users. The ‘05’ Centres for rehabilitation of sex workers were
established on the basis of the Government Resolution No 5/CP dated 29 January 1993 on preventing and
suppressing prostitution, and ‘06’ Centres are for rehabilitation of drug users, established on the basis of the
Government Resolution No 6/CP dated 29 January 1993 on enhancing the direction on preventing, suppressing and controlling drugs.
Citing Article 26 of the Ordinance on Handling Administrative Violation and the Joint Circular No 12/
TTLB/LDTBXH-TC dated 7 June 1996 of the Ministry of Labor, Invalid and Social Affairs and the Ministry
of Finance.
Citing the Ministry of Internal Affairs, the People’s Supreme Court and the People’s Supreme Procuracy,
Joint Circular 1/1991/TTLN-BNV-TANDTC-VKSNDTC Guiding the Handling of Persons who Fled Abroad
and then Voluntarily Returned (Vietnam) 17 February 1991 (the validity is unspecified) [Vietnamese version]
<http://vanban.cafeluat.com/van-ban/thong-tu-lien-tich/35197-thong-tu-lien-tich-01-ttln-thong-tu-huong-dan-duong-loi-xu-ly-doi-voi-nguoi-di-nuoc-ngoai-da-tu-nguyen-hoi-huong.html>.
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