On the afternoon of October 22, continuing the program of the 8th Session of the 15th National Assembly, Chairwoman of the National Assembly's Judicial Committee Le Thi Nga presented a report explaining the reception and revision of the Draft Law on Prevention and Combat of Human Trafficking (amended).
Effectively handle human trafficking crimes
In a summary report on the reception and revision of the Draft Law on Prevention and Combat of Human Trafficking (amended), Chairwoman of the National Assembly's Judicial Committee Le Thi Nga said that the National Assembly Standing Committee found that the concept of "human trafficking" in the draft Basic Law has ensured the unity and uniformity of the legal system, responded to practical requirements in the fight against human trafficking, and ensured closeness to international treaties on prevention and combat of human trafficking to which Vietnam is a member.
The draft Law, after being received, revised and completed, will be submitted to the National Assembly for consideration at this Session, consisting of 8 chapters and 65 articles (1 article less than the draft Law submitted to the National Assembly, including removing articles 34, 56, 58, 59; adding articles 21, 40 and 64; amending 63 articles, keeping 2 articles unchanged).
Notably, the concept of “human trafficking” in the draft Law has expanded some contents compared to the Penal Code and current laws, including the content that people from 16 to under 18 years old are considered human trafficking only based on the elements of behavior and purpose, and thus, they are also protected as people under 16 years old. This provision is also consistent with the United Nations Convention on the Rights of the Child.
The Standing Committee of the National Assembly believes that the concept of “human trafficking” being defined more broadly than that of the Penal Code will serve as a basis for improving criminal law and criminal procedure to more effectively handle this type of crime and further raise people’s awareness of preventing and combating human trafficking. At the same time, to ensure strictness and enhance prevention, the concept of “human trafficking” in the draft Law also has broader content than that of some international treaties, such as: adding other inhumane purposes and other means.
Some opinions suggest adding the act of “agreeing to buy and sell people while they are still in the fetus” to the concept of human trafficking in Clause 1, Article 2 as a basis for effectively fighting and preventing the situation of agreements to buy and sell people while they are still in the fetus. The Standing Committee of the National Assembly has recognized that in recent years, the situation of buying and selling fetuses for the purpose of buying and selling children after they are born is a worrying reality. This agreement to buy and sell is essentially a premise for the act of human trafficking (buying and selling people while they are still in the fetus stage), but the handling of this act has not been regulated by law. Incorporating the opinions of National Assembly deputies, Clause 2, Article 3 of the draft Law stipulates the prohibited act of “agreeing to buy and sell people while they are still in the fetus stage”.
Victims receive legal aid and legal support
Regarding the concept of victim, person in the process of being identified as a victim (Clause 6 and Clause 7, Article 2), the Standing Committee of the National Assembly found that if the regulation is in the direction that a victim is any person who is the subject of human trafficking, it will be very difficult to prove in practice and does not ensure feasibility. Therefore, the identification of a victim must be based on specific criteria, such as being violated by human trafficking and identified by a competent authority. At the same time, the draft Law also provides broader provisions than the requirements of international treaties in supporting people in the process of being identified as victims. Therefore, it is proposed to keep it as in the draft Law.
In response to the opinions of National Assembly deputies, Article 37 of the draft Law has been revised in the direction that people under 18 years old accompanying victims, and people in the process of being identified as victims, are entitled to the same support regimes as victims, except for vocational training support, job counseling, initial hardship allowance, and loan support. Other support regimes for children (if any) are implemented in accordance with the provisions of the law on children.
Regarding legal aid and legal support (Article 42), the Standing Committee of the National Assembly found that, according to the provisions of the current Law, victims are provided with legal aid to carry out procedures for registration of residence, household registration, receiving support regimes, and claiming compensation for damages. To ensure the goal of taking victims, people in the process of being identified as victims, as the center, support for them after receiving them must be timely, quick and must be implemented immediately.
Therefore, the concept of “legal support” in the draft Law is understood as consulting to prevent re-trafficking, consulting on procedures for residence registration, household registration, making identification cards, receiving support regimes and is implemented by the People’s Committee at the commune level, the Vietnamese representative agency abroad where the reception takes place. At the same time, Article 42 of the draft Law is divided into 2 clauses regulating legal aid and legal support…
Regarding the regulation prohibiting the act of "buying and selling fetuses", Deputy Head of the National Assembly Delegation of Nghe An Province Thai Thi An Chung said that this is a new method of human trafficking that has recently appeared. However, in the past, there have been difficulties in handling it. The victims are mainly women and ethnic minorities in remote areas who are lured to go abroad to get pregnant, give birth and sell their children for money or in exchange for other objects. This act of agreement is essentially a premise for human trafficking. However, handling it is still difficult because there are no regulations in the Penal Code.
To create a legal corridor and protect children, according to delegate Thai Thi An Chung, the addition of a prohibition on "agreement to buy and sell human beings while they are still fetuses" in the draft Law is very necessary, enhancing the ability to fight this type of crime; at the same time, better protecting children's rights and in accordance with international conventions that our country has participated in.
Source: https://kinhtedothi.vn/nghiem-cam-thoa-thuan-mua-ban-nguoi-tu-khi-con-dang-la-bao-thai.html
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