Human trafficking is not only a heinous crime that severely violates human rights but also a cross-border challenge that demands close cooperation among countries and international organizations.
The Law on Prevention and Combat of Human Trafficking 2024 (effective from July 1, 2025) introduces numerous important provisions concerning international cooperation, victim protection, and strict handling of those who aid or conceal human trafficking activities. These new regulations not only enhance the national legal framework but also enable Vietnam to actively integrate and coordinate effectively with the international community in the fight against human trafficking networks.
Definition
According to Clause 1, Article 2 of the Law on Prevention and Combat of Human Trafficking 2024, human trafficking is defined as follows:
- Human trafficking is the act of recruiting, transporting, harboring, transferring, or receiving persons for the purpose of obtaining money, assets, other material benefits, sexual exploitation, forced labor, organ harvesting, or other inhumane purposes, through the use of force, threat of force, deception, or other means.
In addition, the application of such acts to persons under 18 years of age for inhumane purposes shall also be considered human trafficking, even if no force, threat of force, deception, or other means is used, unless otherwise provided by law.
The term “other means” here includes acts specifically listed in Clause 6 of this Article.
It is evident that the new Law marks a significant advancement compared to the Penal Code 2015 and the Law on Prevention and Combat of Human Trafficking 2011, by providing a clearer, more comprehensive, and specific definition of human trafficking.
The Law not only broadens the scope of regulation to cover new forms of exploitation but also strengthens protection for vulnerable groups, especially children under 18 years old, even in the absence of coercive acts.
In general, the 2024 Law reflects a modern approach aligned with international standards, thereby enhancing the effectiveness of prevention, detection, and prosecution of human trafficking crimes in the new context.
Principles of International Cooperation in Combating Human Trafficking (Article 57)
Vietnam commits to international cooperation in the prevention and combat of human trafficking based on respect for independence, sovereignty, and territorial integrity, non-interference in each other’s internal affairs, and equality and mutual benefit.
Implementation of International Cooperation (Article 58)
- Vietnam cooperates with competent authorities of other countries, international organizations, and foreign individuals and organizations with the aim of strengthening legal capacity, information sharing, technology, and training for human trafficking prevention and combat activities.
- Cooperation between Vietnamese and foreign agencies in handling human trafficking cases shall be carried out based on international treaties to which Vietnam is a party or, in the absence of such treaties, based on reciprocity, in accordance with Vietnamese law and international practices.
Cooperation in Victim Rescue and Repatriation (Article 59)
- Vietnam shall cooperate with competent foreign authorities in rescuing, supporting, and protecting victims or those in the process of being identified as victims affected by acts of human trafficking.
- The Vietnamese State shall facilitate the repatriation of foreign victims, which shall be carried out based on international treaties to which Vietnam is a party, this Law and relevant legal provisions, or international agreements between Vietnam and other countries, while ensuring the safety, health, honor, and dignity of the victims.
Judicial Assistance and Extradition
- The Law on Mutual Legal Assistance 2007 (Articles 6 to 31): Provides detailed regulations on judicial entrustment, evidence collection, summoning of witnesses, and recognition and enforcement of foreign criminal judgments.
- Chapter IV of the Law on Mutual Legal Assistance 2007 (Articles 32 to 48): Prescribes the conditions, procedures, and costs related to the extradition of offenders.
- Chapters XXXV and XXXVI of the Criminal Procedure Code 2015 (Articles 491 to 508): Set out provisions on international cooperation in criminal procedures, including the conditions, procedures for extradition requests, execution of judgments, and application of preventive measures.
International and Regional Legal Instruments Signed by Vietnam
Multilateral Cooperation
Vietnam has signed and is a member of various international legal instruments directly related to combating human trafficking, including:
- The Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography
- The Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict
- ILO Convention No. 182 on the Worst Forms of Child Labour (1999)
- The United Nations Convention against Transnational Organized Crime (UNTOC)
- The ASEAN Convention Against Trafficking in Persons, Especially Women and Children (ACTIP), effective as of March 8, 2017
- The ASEAN Plan of Action to Implement ACTIP
- The Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the UNTOC
Bilateral Cooperation
Vietnam has effectively implemented Mutual Legal Assistance Treaties with many countries, including prominent agreements such as:
- The Agreement on Cooperation in Preventing and Combating Human Trafficking and Protecting Victims of Trafficking between Vietnam and Laos, Vietnam and Cambodia, Vietnam and China, etc.
- Memoranda of Understanding and Action Plans among six countries in the Greater Mekong Subregion (Laos, Cambodia, Thailand, China, Myanmar, and Vietnam).
- Vietnam also regularly exchanges policies and achievements in combating human trafficking through Human Rights Dialogues with the EU, Australia, and others.
Additionally, Vietnam has signed 15 bilateral agreements and 13 treaties on mutual legal assistance in criminal matters with various countries, all of which include provisions on the prevention and combat of human trafficking.
Projects implemented by Vietnam in the region to combat trafficking in women and children include the “Project on Combating Trafficking in Women and Children in the Mekong Subregion” funded by the Alliance of International Organizations (Project Code: RAS/98/H01), and the regional project “Combating Trafficking in Women and Children in the Mekong Subregion” funded by ILO/IPEC.
When nations join hands in coordinated action, share experiences, provide mutual support, and work toward a common goal, it not only contributes to effectively preventing illegal human trafficking but also spreads profound humanitarian values, moving toward a more humane future where people can live in a free, healthy, and safe environment.
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