Article 20
1.Every one shall enjoy inviolability of the person and the legal protection of his or her life, health, honor and dignity; and is protected against torture, harassment and coercion, and any form of violation of his or her life and health, and offence of honor and dignity.
Article 23
The citizen shall enjoy freedom of movement and of residence within the country; and can freely travel abroad and return home from abroad. The exercise of these rights shall be provided by the law.
Article 35
- Citizen has the right to work and to select career, job, and workplace.
- Worker shall be provided equal and safe conditions of work and shall be paid with salary and enjoy break policy.
- Discrimination, forcedlabor, and employment of worker under minimum age oflabor are strictly prohibited.
Article 36
1.Male and female have the right to marry and divorce. Marriage shall conform to the principles of free consent, progressive union, monogamy and equality between husband and wife, and mutual respect.
2.The State protects marriage and family, and protects interests of mothers and children.
Constitution of 1992 (Rev. 2013) (PDF)
Note: Vietnam’s 2012 anti-trafficking law expanded Articles 119 and 120 of the country’s penal code to specifically define and prohibit sex and labor trafficking
Article 119. Human trafficking
- Those who trade in persons shall be sentenced to between two and seven years of imprisonment.
- Committing the offense in one of the following circumstances, the offenders shall be sentenced to between five and twenty years of imprisonment:
A) For the purpose of prostitution;
B) Organized;
C) Being professional;
D) to remove the victim's body parts;
E) To be taken abroad;
E) For many;
G) Committing multiple offenses;
3. The offenders may also be subject to a fine of between five million dong and fifty million dong, probation or residence ban for one to five years.
Article 119.-Trafficking in humans
Article 119. Trafficking in humans
- Those who traffic in humans shall be sentenced to between two and seven years of imprisonment.
- Committing the crime in any of the following circumstances, offenders shall be sentenced to between five and twenty years of imprisonment:
a/ For prostitution purposes;
b/ In an organized manner;
c/ In a professional manner;
d/ For taking victims" bodily organs;
e/ For bringing abroad;
f/ Trafficking in more than one person;
g/ Committing the crime more than once.
- Offenders may be imposed a fine of between five million and fifty milliondong, subject to probation or residence ban for one to five years
Article 120.-Trading in, fraudulently exchanging or appropriating children
- Those who trade in, fraudulently exchange or appropriate children in any form shall be sentenced to between three and ten years of imprisonment.
- Committing the crime in any of the following circumstances, offenders shall be sentenced to between ten and twenty years of imprisonment or life imprisonment:
a/ In an organized manner;
b/ In a professional manner;
c/ For a despicable motive;
d/ Against more than one child;
e/ For taking victims' bodily organs;
f/ For bringing abroad;
g/ For inhuman purposes;
h/ For prostitution purposes;
i/ Dangerous recidivism;
j/ Causing serious consequences.
- The offenders may also be subject to a fine of between five million and fifty milliondong, a ban from holding certain posts, practicing certain occupations or doing certain jobs for one to five years or subject to probation for one to five years.
Article 128. Illegally forcing laborers, public employees to leave their jobs
Those who, for their own benefits or other personal motivation, illegally force laborers, public employees to leave their jobs, causing serious consequences shall be subject to warning, non-custodial reform for up to one year or a prison term of between three months and one year.
Section 5.
(1) All persons shall have the right to work, the right to freely choose an employment and occupation, to learn a trade, and to improve professional skills without any discrimination in respect of sex, race, social class, creed or religion.
(2) Maltreatment of workers and the use of forced labour in any form shall be prohibited.
(3) Every activity that generates employment, constitutes self-employment, and teaches or involves the learning of a trade for employment, and every production or business activity that absorbs abundant labour shall receive encouragement, favourable treatment and assistance from the State
Article 2. Interpretation of terms
In this Law, the terms below are construed as follows:
- Sexual exploitation is the coercion of others to engage in prostitution, as an object to produce pornographic publications, pornographic performances or sex slavery.
- Sexual slavery is the fact that a person is dependent upon others for his or her sexual needs.
- Forcedlaboris the use of force, the threat of use of force or other means of forcing another to work against their will.
Article 3. Prohibited Acts
- The transfer or acceptance of a person for sexual exploitation, forcedlabor, removal of organs or for other inhuman purposes.
- Recruiting, transporting,harboringfor sexual exploitation, forced labor, taking organs or for other inhumane purposes or for committing the acts specified in Clauses 1 and 2. This.
- Forcing other persons to commit one of the acts prescribed in Clauses 1, 2 and 3 of this Article.
- Brokerage for others to commit one of the acts specified in Clauses 1, 2 and 3 of this Article.
- Retaliation, threats of retaliation against victims, witnesses, denouncers, denouncers, their relatives or persons preventing acts specified in this Article.
LAW ON THE PREVENTION OF AND COMBAT AGAINST HUMAN TRAFFICKING 2011 (PDF)