[NCKH] Combating human trafficking in Vietnam: How does the 3P+ framework influence policies and laws?

Authors: Nguyen Duy Dung and Dang Thi Thu Huyen

Abstract: Human trafficking remains among the greatest human rights violations globally, and Vietnam—as both a source country and a transit country—has undergone substantial legal and policy reform over the past fifteen years. This article systematically analyzes the development of Vietnam’s legal and policy framework for the prevention and control of human trafficking from 2010 to 2025, applying the 3P+P theoretical framework (Prevention, Protection, Prosecution, and Partnership) as the primary analytical lens. Drawing on doctrinal legal analysis and policy analysis, this study examines domestic legislation, including the 2011 Law on Prevention and Combat of Trafficking in Persons, the 2015 Penal Code (as amended in 2017), and the landmark 2024 Law on Prevention and Combat of Trafficking in Persons, alongside international instruments—notably the Palermo Protocol and the ASEAN Convention Against Trafficking in Persons (ACTIP)—and empirical materials from UNODC, UNDP, and the U.S. Department of State’s annual Trafficking in Persons (TIP) Reports. Analysis across three phases (2010–2015, 2016–2020, and 2021–2025) reveals a progressive trajectory from foundational criminalization toward a multisectoral, human rights-centered approach, reflecting both endogenous developmental priorities and exogenous normative pressures. Key findings indicate that while Vietnam has achieved meaningful normative alignment with international standards—particularly in victim protection, legal aid, and regional cooperation—critical implementation gaps persist, including inadequate victim identification, weak interagency coordination, the absence of corporate supply chain accountability, and delayed legal responses to emerging exploitation forms such as online scam operations. This study offers the first longitudinal 3P+P analysis of Vietnam’s complete 2010–2025 legal and policy trajectory, including the 2024 Law, highlighting the persistent gap between normative progress and implementation outcomes. Accordingly, the article proposes concrete legal amendments: incorporating “abuse of a position of vulnerability” into Article 150 of the Penal Code, formalizing NGO legal status in specialized law, and establishing a corporate accountability regime for forced labor in supply chains.

Link: https://malque.pub/ojs/index.php/msj/article/view/17259