In recent years, human trafficking from Vietnam to foreign countries has become increasingly complex. Trafficking networks often transport victims to neighboring countries such as Cambodia, Laos, China, and even Myanmar through intermediaries. Victims are no longer confined to women and children subjected to sexual exploitation or forced marriage; an increasing number of young men have also become targets. They are lured abroad with promises of “light work and high income”, only to be placed under surveillance, forced into exploitative labor in disguised establishments, or coerced into participating in online fraud schemes.
Against this backdrop, a clear understanding of the current legal framework and the rights of victims is crucial to safeguarding justice and enhancing the effectiveness of anti-trafficking efforts.
1. International and Regional Legal Framework
To address transnational organized crime, Vietnam has acceded to several key international conventions. Most notably, Vietnam is a State Party to the United Nations Convention against Transnational Organized Crime (UNTOC) and the Palermo Protocol to prevent, suppress and punish trafficking in persons, especially women and children. At the regional level, the ASEAN Convention Against Trafficking in Persons, Especially Women and Children (ACTIP), adopted in November 2015, is a legally binding instrument affirming the commitment to cooperation among member states. These legal instruments not only create a basis for international cooperation but also guide Vietnam in incorporating them into its domestic legal framework in line with national realities.
2. Vietnam’s Domestic Legal Framework
Within the national legal system, the Penal Code 2015 (amended and supplemented in 2017) criminalizes trafficking in persons under Articles 150 and Articles 151. These provisions impose severe penalties, with maximum sentences of up to 20 years’ imprisonment or life imprisonment in particularly serious cases.
At the same time, the Law on Prevention and Combat of Human Trafficking 2024, effective from July 1, 2025, continues to improve mechanisms for prevention, prosecution, and protection of victims’ rights. The new Law expands the scope of protected persons and adds various support measures such as healthcare, psychological counseling, free legal aid, and community reintegration, clearly reflecting the victim-centered principle. However, implementation sometimes faces difficulties due to limited resources.
In particular, among the methods commonly used by traffickers, the use of the Internet is the most prevalent. The Cybersecurity Law 2018, adopted by the National Assembly, explicitly prohibits trafficking in persons in cyberspace and provides for both administrative sanctions and criminal liability. The combination of the Penal Code, the Law on Prevention and Combat of Human Trafficking, and the Cybersecurity Law creates a relatively strict legal framework to effectively respond to the sophisticated tactics of this crime.
3. Victims’ Rights in Criminal Proceedings
Victims of human trafficking are recognized as “injured parties” and may request compensation for damages. Procedural bodies are responsible for applying witness protection measures, safeguarding personal information, and preventing risks of retaliation or stigmatization.
This becomes all the more important in practice, as many victims are deceived through social media, which leaves profound psychological trauma and exposes them to the risk of personal data being re-exploited. Therefore, the “do no harm” principle, emphasized by ASEAN and the United Nations, has practical significance: all investigative, prosecutorial, and trial proceedings must place victims’ safety and rights above all. This is not only an obligation of the State but also a decisive factor in encouraging victims’ cooperation, thereby enhancing the effectiveness of crime prevention and combat.
4. Practical Challenges and Recommendations
In recent cases, many young Vietnamese men have been deceived into going to Cambodia to work in disguised establishments, where they were then forced into exploitative labor or coerced to participate in online fraud schemes. Many victims, due to fear of retaliation, social stigma, or even lack of awareness that they are victims of trafficking, have refrained from reporting, which creates significant obstacles to case verification and prosecution.
To address this, people must remain vigilant against offers of “easy jobs with high pay”. Families and victims should proactively report to the competent authorities and seek support from lawyers or civil society organizations. Judicial authorities need to strengthen victim and witness protection, while also enhancing international cooperation to promptly rescue victims. In this process, lawyers and law firms play a crucial role, not only in safeguarding victims’ legitimate rights but also in helping them feel secure to cooperate and reintegrate into the community.
5. Conclusion
Human trafficking is a particularly serious crime that directly violates human rights and undermines social order. With increasingly sophisticated tactics and a growing diversity of victims, combating this crime requires close coordination between state agencies, communities, and legal professionals.
Date written: 20/08/2025
