EXECUTIVE SUMMARY Vietnam*

* Download full report at: http://www.ecpat.net/EI/Pdf/A4A_II/A4A2011_EAP_VIETNAM_FINAL.pdf

Introduction

Although social and economic achievements internal migration from rural to urban areas have improved the lives of many Vietnamese with children in search of a better quality people, poverty, income disparities and the shift of life. However, the high living costs in the to a market economy have combined with the cities make children vulnerable to trafficking. lack of comprehensive child protection laws The trafficking of women and girls is often and poor law enforcement to contribute to the orchestrated through false promises of jobs or 4 vulnerability of Vietnamese1 children to abuse marriage. and sexual exploitation. The extent of the child pornography problem Child prostitution in Vietnam is seen as a in Vietnam is not well documented yet; taboo subject therefore there are no reliable although some tourists have been arrested in and updated statistics on child prostitution. possession of child pornography, some self- However, estimates for the percentage of all produced.5 Internet cafes in some cities are prostitution in Vietnam involving children are reported to sell pornographic games.6 as high as 15%.2 Vietnam is a destination for child sex tourism,7 Vietnam is both a source and a destination especially in tourist areas where there are large country for trafficking of children, which numbers of children living or working on the involves a large number of victims.3 The streets (especially boys), making them highly country also faces serious problems with vulnerable to CSEC.8

National Plan of Action

Vietnam lacks an NPA that comprehensively and the protection of children in general.9 addresses CSEC and the needs of child victims. Finally, the National Program arising from However, the Action Program on Prevention “Decision No. 19/2004/QD-TTg of February 12, and Struggle against Crimes of Trafficking in 2004” targets prevention of, and solution to, Women and Children 2004-2010 does address the situation of street children, sexually abused prevention, protection, and support for victims, children and children subjected to heavy labour. though a number of gaps remain. In 2001 The Government identified child sexual abuse the National Program of Action for Children and child prostitution as a priority issue under (Decision No. 23/2001/QDTTg) was adopted this programme.10 The government extended for the period 2001 to 2010, setting specific the NPA from 2011 to 2015. goals in relation to health, nutrition, education, Coordination and Cooperation

Although Vietnamese authorities have wide training curriculum on trafficking for made significant progress with regard to the law enforcement, and victim identification development of multi-sector coordination and and support services. In 2007 the ASEAN cooperation initiatives to combat trafficking Senior Officials Meeting on Transnational in human beings, including trafficking in Crimes (SOMTC) also endorsed the ASEAN children for sexual purposes, efforts are still Practitioner Guidelines on Trafficking in lacking with regard to other forms of CSEC. Persons, which provide criminal justice Through a Ministerial focal point for anti- practitioners with detailed recommendations trafficking activities, the government cooperates for international legal/judicial cooperation in with as many as 500, mostly international, trafficking in persons cases.12 Vietnam is also NGOs.11 These cooperative efforts focus on a part of the Coordinated Mekong Ministerial victim support services, development of victim Initiative against Human Trafficking identification guidelines, and improvement (COMMIT) and has signed several bilateral of border checkpoints. However, a lack of agreements with neighbouring governments specialised staff and poor data collection remain and UN agencies to provide services to victims problems. of trafficking, more effective legal penalties against the offenders and vocational and At the regional and international level, educational programs to address trafficking Vietnam is involved in ASEAN anti-trafficking and prostitution issues, including CSEC.13 activities, including reforming national However, efforts with regard to CSEC issues frameworks, development of an ASEAN- other than trafficking remain limited.

Prevention

The Government of Vietnam has undertaken ethnic minority languages.14 Vietnam has several awareness raising activities related drafted guidelines for a Community-Based to child prostitution and child trafficking, Child Protection Network and for Child including child protection columns Maltreatment Risk Assessment.15 In an effort in newspapers and journals, television to engage relevant private sector actors to programmes, workshops, seminars, law learning prevent child sex tourism, Vietnam (along contests, reporting contests, club activities, with other Southeast Asian countries), has artistic performances, talks, group meetings participated in a series of training programmes and the distribution of various materials for tourism authorities and tourism industry throughout the country. Some materials have representatives, organised by Child Wise been distributed directly to hotels, restaurants, (ECPAT in Australia), as part of a larger entertainment venues and other places where educational campaign against child sex prostitution and human trafficking are likely tourism undertaken jointly with ASEAN to occur. Some were also translated into governments.16

Protection

Vietnam has ratified most CSEC-related Children (Trafficking Protocol). At the regional international treaties, with the exception of the level, Vietnam has ratified the ASEAN UN Protocol to Prevent, Suppress and Punish Declaration against Trafficking in Persons, Trafficking in Persons, Especially Women and Particularly in Women and Children. Vietnam’s

Vietnam|2 Vietnam|3 criminal code was amended in 1997 and 1999, Vietnamese law does not contain provisions introducing new offences and more severe defining or expressly criminalising child sex penalties for crimes related to the commercial tourism. However, Article 5 of the Penal Code sexual exploitation of children.17 states that foreigners not entitled to diplomatic immunities or consular privileges and Vietnam’s penal code contains provisions immunities who have committed offences in that criminalise engaging in sexual activities Vietnam can be prosecuted under Vietnamese with children; however, these provisions are laws. With regard to extraterritorial legislation, not compliant with the OSPC, particularly Vietnamese citizens can be prosecuted in because child victims are not exempted Vietnam even though their offences were from administrative liability for their own committed abroad. Though there are bilateral exploitation and are often detained and extradition agreements with some countries, treated as offenders. What constitutes ‘child Vietnam is not obliged to extradite child sex prostitution’ is also still not clearly defined. tourism offenders to other countries due to its reservation status to Article 5 of the OPSC. Vietnam lacks adequate laws to punish the trafficking of children for sexual purposes. Though there is a specialised anti-trafficking In addition, Though article 120 of Penal Code unit in the General Police Department and criminalises “trading” in children, this vague some effort to implement child friendly justice provision does not cover the range of offences procedures, a lack of guidelines and training captured in the Trafficking Protocol. have rendered these developments insufficiently effective. However, it appears the government is Vietnam does not have any laws defining making efforts to improve these systems. or prohibiting child pornography, creating a major gap in the protection of children In order to provide social services to victims from CSEC and lack of compliance with of CSEC, a number of psychological and its obligations under the OPSC. Though physical rehabilitation centres have been built the Criminal Code (Article 253), Internet to support sexually abused children in major Regulations (Decree No 31/2001) and cities. The Women’s Union also plays a role the 2003 Ordinance on the Prevention of in providing counselling and advice to child Prostitution can be used as a basis to regulate victims and supporting them to enroll in classes child pornography, it is never defined or or vocational training programmes. The State’s specifically mentioned. Social Protection Centers provide shelter for some homeless children and victims of prostitution.

Child and Youth Participation

The right of a child to access information, Plan of Action for Children 2001-2010.18 express his or her views and opinions and Similarly, other forums have been organised to participate in social activities is set out in for children to contribute to the draft reports Article 20 of the Law on Child Protection, on the implementation of the CRC and the Care and Education of 2004. Many forums drafted revised Law on Child Protection, Care have been organised for children to raise and Education of 2004.19 Child representatives their voices and express their views to local also joined government delegations during the authorities and state leaders, including review of the 3rd and 4th Country Reports by inputting into the drafting of the National UN CRC members in 2008.

Vietnam|2 Vietnam|3 Priority Actions Required

National Plan of Action and policies Protection on children and CSEC Vietnam must ratify the Trafficking Protocol A comprehensive national plan must be and harmonise its national legislation. It is adopted to properly address all forms of also imperative that Vietnam enact legislation commercial sexual exploitation of children, defining child pornography and prohibiting developed in collaboration with relevant civil its production, dissemination, sale, mere society groups and other stakeholders. possession, access and intentional viewing. Vietnamese legislation should also take steps to criminalise ‘grooming’ of children in Coordination and cooperation compliance with the OPSC.

Vietnam must improve its data collection The Government must also work to strengthen procedures in order to ensure that records are the identification of victims of human regularly updated. trafficking and sexual exploitation, especially child victims, as well refrain from criminalising Vietnam must seek to improve cooperation victims. Training workshops should be procedures with other countries to ensure provided to relevant stakeholders (such as smoother repatriation of trafficking victims, as law enforcement, judiciary officials and social well as effective investigation of offenders. workers) on implementing child-friendly procedures and understanding children’s rights. Prevention Child and youth participation Vietnam should seek to involve the private sector in the fight against CSEC. For example, Although there is a relatively high degree of regulations should be imposed on Internet cafés awareness surrounding children’s participation, to prevent children from accessing pornography there should be a much greater focus on or other illegal content. strengthening partnerships with civil society organisations, as well as children’s Stronger deterrence measures are required to organisations and groups, to employ concrete alter the behaviour of child sex offenders, such and evidence-based strategies to promote

as publicising a hotline for reporting child children’s participation against CSEC and child sexual abuse. There should also be prevention protection overall. initiatives that address the ‘demand’ for sexual services from children, especially targeting men, parents and children themselves.

Vietnam|4 Vietnam|5 Endnotes

1 UNICEF Vietnam.Child protection - Overview. 12 Criminal Justice Responses to Trafficking in Accessed on 30 March 2010 from: http://www. Persons: ASEAN Practitioner Guidelines. ASEAN. unicef.org/vietnam/protection_194.html 25 June 2007. Accessed on 19 March 2010, from:

2 http://www.artipproject.org/artiptipartiptipcjs/ Archavanitkul, Kritaya. Trafficking in Childrenfor resources/guides_standards/ASEANPG_Web_ Labour Exploitation Including Child Prostitution English_Final.pdf in the Mekong Sub-region: A Research Report. Institute for Population and Social Research, 13 Government of Vietnam. The Third and Fourth Mahidol University, with supportfrom ILO/ Country Report on Viet Nam’s Implementation IPEC.1998; Michaelson, Reina. Child Abuse in of the United Nations Convention on the Rights Viet Nam: Final Report into the Concept, Nature of the Child in the 2002-2007 Period. 2008. and Extent of Child Abuse in Viet Nam. UNICEF Hanoi. Accessed on 13 February 2010 from: Vietnam. August 2003(citing Women’s Union of Ho http://www2.ohchr.org/english/bodies/crc/docs/ Chi Minh City) AdvanceVersions/CRC.C.VNM.3-4.pdf 3 Trafficking in Persons Report.US Department of 14 Government of Vietnam. The Third and Fourth State. June 2009. Accessed on 8 February 2010 Country Report on Viet Nam’s Implementation of from: http://www.state.gov/g/tip/rls/tiprpt/2009/ the United Nations Convention on the Rights of

4 the Child in the 2002-2007 Period. 2008. Hanoi. Humantrafficking.org. Vietnam: The Situation. Accessed on 13 February 2010 from: http:// Accessed on 29 March 2010 from: http://www. www2.ohchr.org/english/bodies/crc/docs/ humantrafficking.org/countries/vietnam AdvanceVersions/CRC.C.VNM.3-4.pdf 5 the Problem and Comparative Case Studies. The 15 UNICEF. Secretary-General’s Study on Violence Protection Project, The Johns HopkinsUniversity against Children: Tolerance of everyday violence Paul H. Nitze School of AdvancedInternational against children must end. 19 October 2006. Studies. January 2007. Accessedon 20 February Accessed on 15 March 2010 from: http://www. 2010 from: http://www.kmkstudio.com/JHU/ unicef.org/vietnam/media_5101.html JHU_Report.pdf 16 6 International Child Sex Tourism: Scope of the Porn games spread in HCM City. VnnNews.net. Problem and Comparative Case Studies. The Accessed on 29 March 210 from: http://www. Protection Project, the Johns Hopkins University vnnnews.net/porn-games-spread-in-hcm-city Paul H. Nitze School of Advanced International 7 US Department of State, Bureau of East Asian and Studies. January 2007. Accessed on 20 February Pacific Affairs. Background Note: Vietnam. 27 May 2010 from: http://www.kmkstudio.com/JHU/ 2010. Accessed on 20 March 2010 from: http:// JHU_Report.pdf www.state.gov/r/pa/ei/bgn/4130.htm 17 Committee on the Rights of the Child: Forty- 8 International Child Sex Tourism: Scope of the thirdsession: Consideration of Reports Submitted Problem and Comparative Case Studies.The by States Parties Under Article 12(1) of the Protection Project, the Johns HopkinsUniversity Optional Protocol to the Convention on the Paul H. Nitze School of AdvancedInternational Rights of the Child on the Sale of Children, Child Studies. January 2007. Accessed on 20 February Prostitution and Child Pornography: Concluding 2010 from: http://www.kmkstudio.com/JHU/ observations: Viet Nam.UN Convention on the JHU_Report.pdf Rights of the Child. 17 October 2006. Accessed on 9 September 2010 from: http://www2.ohchr.org/ 9 Committee on the Rights of the Child: english/bodies/crc/crcs43.htm Consideration of Reports Submitted by States Parties Under Article 12(1) of the Optional Protocol 18 van Beers, Henk, Vo, Chau Phi, Ennew, Judith, to the Convention on the Rights of theChild on Pham, Khan Quoc, Tran, Long Thap, Milne, Brian, the Sale of Children, Child Prostitutionand Child Trieu, Nguyet Tri Anh, Vu, Son Thi. Creating Pornography: Initial reports of theStates parties an enabling environment: Capacity building in due in 2004: Viet Nam. UNConvention on the children’s participation, Save the Children Sweden, Rights of the Child. 12December 2005. Accessed on Viet Nam, 2000-2004. 2006. Accessed on 25 15 September 2010 from:http://www2.ohchr.org/ February 2010 from: http://seap.savethechildren. english/bodies/crc/crcs43.htm se/upload/scs/SEAP/publication/publication%20 pdf/child%20participation/Creating%20an%20 10 Information provided by CEFACOM, May 2011. enabling%20environment.pdf.m 11 Committee on the Rights of the Child: 19 Government of Vietnam. The Third and Fourth Consideration of Reports Submitted by States Country Report on Viet Nam’s Implementation of Parties Under Article 12(1) of the Optional Protocol the United Nations Convention on the Rights of to the Convention on the Rights of theChild on the Child in the 2002-2007 Period. 2008. Hanoi. the Sale of Children, Child Prostitutionand Child Accessed on 13 February 2010 from: http:// Pornography: Initial reports of the States parties www2.ohchr.org/english/bodies/crc/docs/ due in 2004: Viet Nam. UN Convention on the AdvanceVersions/CRC.C.VNM.3-4.pdf Rights of the Child. 12December 2005. Accessed on 15 September2010 from: http://www2.ohchr.org/ english/bodies/crc/crcs43.htm

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