KEY PROVISIONS OF THE 2024 ANTI-HUMAN TRAFFICKING LAW

The 2024 Anti-Human Trafficking Law (Law No. 53/2024/QH15) was passed by the 15th National Assembly during its 8th session and will take effect on July 1, 2025. This new law replaces the 2011 version and introduces significant amendments and additions aimed at addressing practical challenges, closing legal loopholes, and enhancing the effectiveness of efforts to combat this form of crime.

1. For the First Time, the trafficking of fetuses is explicitly included in the law.

This is a groundbreaking provision that has garnered significant public attention. For the first time, Vietnamese law explicitly defines and prohibits the trafficking of persons starting from the fetal stage.
The law adds the act of “agreeing to sell a person while still in the fetal stage” to the list of prohibited acts, thereby addressing a critical legal gap. Previously, it was extremely difficult to address such behavior due to the absence of explicit legal provisions. This new provision establishes a clear and solid legal basis for prosecuting criminal organizations involved in fetal trafficking - a crime that has become increasingly complex and alarming in recent years.

2. Prioritizing Victims and Expanding the Scope of Protection

Adding “Persons in the Process of Being Identified as Victims”:
The law explicitly affirms that individuals undergoing the victim identification process are also entitled to immediate initial support - such as medical care, psychological assistance, and temporary accommodation - without having to wait for official verification results.

Expanding the Protected Groups: In addition to victims and their families, the law now also extends protection to individuals under the age of 18 who accompany victims, as well as to those directly involved in anti-human trafficking efforts.

Exempting Victims from Legal Responsibility:A crucial new principle has been introduced: Victims shall not be held administratively or criminally liable for acts committed under coercion that are a direct consequence of their trafficking experience.

3. Support Mechanisms for Victims andPresumptive Victims

The law establishes comprehensive support mechanisms for both confirmed victims and individuals undergoing the identification process as victims of human trafficking. These mechanisms include:

3. Comprehensive Support: Victims are entitled to assistance covering basic needs, access to medical and psychological care, legal support, education, and vocational training.Introducing Livelihood Loan Support for Victims: Vietnamese citizens and stateless persons residing in Vietnam are eligible for loans designed to support livelihood development and help stabilize their lives.
4. Enhancing the Role of Social Organizations in Victim Support: The law encourages and provides a legal framework for social organizations and individuals to participate in supporting and delivering services to victims.Rescue, Reception, and Identification of Victims Abroad

The law introduces provisions concerning the rescue, reception, and identification of victims located abroad, aiming to provide protection in cases of transnational human trafficking. These provisions reflect Vietnam's commitment to fulfilling its obligations under international conventions on human trafficking and to safeguarding the rights of victims on a global scale.

4. Anticipated Impact of the 2024 Anti-Human Trafficking Law Revisions

The new provisions in the 2024 Anti-Human Trafficking Law are expected to enhance the protection of human rights, particularly for women and children. At the same time, the law strengthens the overall effectiveness of anti-human trafficking efforts and reinforces the legal rights of victims. By introducing legal support measures and comprehensive assistance mechanisms, the law creates favorable conditions for victims to reintegrate into society more effectively, thereby mitigating the long-term consequences of trafficking.