Identifier
Created
Classification
Origin
09HANOI559
2009-06-18 03:13:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Hanoi
Cable title:  

Vietnam TIP Report Delivered to GVN

Tags:  KTIP KCRM PHUM PREL ELAB VM 
pdf how-to read a cable
VZCZCXRO1761
RR RUEHCHI RUEHDT RUEHHM RUEHNH
DE RUEHHI #0559/01 1690313
ZNR UUUUU ZZH
R 180313Z JUN 09
FM AMEMBASSY HANOI
TO RUEHC/SECSTATE WASHDC 9770
INFO RUEHHM/AMCONSUL HO CHI MINH 5936
RUEHBJ/AMEMBASSY BEIJING 7377
RUCNASE/ASEAN MEMBER COLLECTIVE
RUEAWJA/DEPT OF JUSTICE WASHINGTON DC
RHMFIUU/DEPT OF HOMELAND SECURITY WASHINGTON DC
RUEHC/DEPT OF LABOR WASHINGTON DC
UNCLAS SECTION 01 OF 02 HANOI 000559 

SENSITIVE
SIPDIS

STATE FOR G/TIP, INL, DRL, EAP/MLS, and EAP/RSP

E.O. 12958: N/A
TAGS: KTIP KCRM PHUM PREL ELAB VM

SUBJECT: Vietnam TIP Report Delivered to GVN

REF: STATE 60460

HANOI 00000559 001.2 OF 002


UNCLAS SECTION 01 OF 02 HANOI 000559

SENSITIVE
SIPDIS

STATE FOR G/TIP, INL, DRL, EAP/MLS, and EAP/RSP

E.O. 12958: N/A
TAGS: KTIP KCRM PHUM PREL ELAB VM

SUBJECT: Vietnam TIP Report Delivered to GVN

REF: STATE 60460

HANOI 00000559 001.2 OF 002



1. (SBU) Summary: On June 16, poloff delivered copies of the Vietnam
2009 Trafficking in Persons Report to Mr. Le Van Chuong, Head of the
Central Coordination Office of the National Steering Committee
Against Trafficking and Mr. Doan The Vinh, Deputy Head of Anti-Women
and Children Trafficking Department, Bureau for Combating Social
Evils, Ministry of Public Security. For the first time, GVN
officials agreed that sending laborers overseas may put these
workers at risk for human trafficking and acknowledged that Vietnam
does not yet have sufficient mechanisms to deal with this issue.
End summary.


2. (SBU) After highlighting Vietnam's progress over the reporting
period, poloff cited Vietnam's weak response to labor trafficking
and drew attention to the recommendations section of the TIP report.
Vinh responded that the global economic downturn has exacerbated
export labor issues and agreed that Vietnam needs to amend the
Criminal Code to better address these issues. For example, Vinh
pointed out that many workers are now going abroad only to find that
their contracts are not valid or their jobs have disappeared. He
went on to cite cases of labor export companies recruiting and
sending large numbers of workers abroad when, in reality, only a few
jobs exist, resulting in workers stranded overseas. Vinh added that
fraudulent companies without a government license have established
offices, collected fees from workers (largely unskilled workers from
rural areas) and then disappeared with the money. These offenses
are considered labor trafficking according to Vinh, and are subject
to Article 139 of the Criminal Code which deals with fraudulent
appropriation of a person's property (penalties are imprisonment
ranging from 2-7 years, 7-15 years, life or death sentence) and
Decree 144 governing export labor (penalties are administrative).


3. (SBU) Chuong reported that the GVN investigated 190 cases of
human trafficking in the first six months of 2009, primarily
involving sex trafficking. Selling of infants and children
accounted for approximately 20 percent of the cases. Of the total
number, 60 percent of the cases dealt with victims being sent to

China; 13 percent were to Cambodia. Chuong noted that a few cases
involved men (but he could not say if these were for sex or labor
exploitation) and the sale of organs. He also highlighted actions
taken by the GVN in the first half of this year, including:

- On January 7, GVN signed a Bilateral Agreement on
Anti-Trafficking with Thailand (upgrading from the existing
bilateral MOU) and held a bilateral conference on March 9 to discuss
implementation.

- On March 16, the National Steering Committee met with Deputy
Prime Minister Truong Vinh Trong on the role of the Committee and
the Ministry of Public Security (MPS) in implementing the National
Plan of Action against TIP. Chuong said that the GVN decided to
upgrade the National Plan of Action to a National Objective Plan,
raising the profile of the TIP issue by increasing oversight of the
National Steering Committee by the Office of the Government (Prime
Minister's office).

- In June, the National Steering Committee completed the first
draft of the new comprehensive trafficking in persons law and
submitted the draft to the relevant government agencies for comment.
Chuong explained that the National Steering Committee should
receive input over the summer and plans to submit the final draft to
the National Assembly at the end of 2009. The National Assembly
will then consider the law during its next session, expected to take
place in May/June 2010.

- The National Steering Committee submitted amendments to Articles
119 and 120 of the Criminal Code to the National Assembly. The
changes would include trafficking in men and human organs in the
definition of human trafficking. As the National Assembly is still
in session, the amendments have not officially been approved;
however, as all agree on the amendments, approval is expected at the
close of this session at the end of June 2009. Chuong noted that
this brings the GVN more in line with the accepted international
definition of trafficking.

- In May, Vietnam entered final negotiation with China on a
Bilateral Agreement on Anti-Human Trafficking that will upgrade the
existing bilateral MOU. The GVN expects to sign the agreement by
the end of 2009. Chuong added that, due to better cooperation
between Vietnam and China, the two countries will conduct a joint
public awareness campaign on preventing and combating human
trafficking the areas along their shared border between July 15 and

HANOI 00000559 002.2 OF 002


September 15.

- Also in May, the GVN and Cambodia drafted an Agreement on
Identifying and Receiving Victims of Human Trafficking. The draft
agreement is being reviewed by both governments and is expected to
be signed in Phnom Penh at the end of June or early July 2009.

- In August 2008, MPS developed draft guidelines on Protection of
Victims during Investigation and Prosecution in cooperation with
IOM. MPS organized a training course in the northern part of the
country on May 20-24 to introduce the draft guidelines and will hold
a similar course it the south on June 20-24. MPS will take feedback
from the course participants before submitting the final draft to
the GVN for approval. The guidelines are expected to be officially
approved and published in July 2009.

- Vietnam, Laos, Cambodia, Thailand, Burma, and China make up the
Senior Officials' Meeting (SOM),a venue to review progress made
under the Coordinated Mekong Ministerial Initiative Against Human
Trafficking (COMMIT). In an effort to increase cooperation with
Malaysia, SOM participants invited Malaysia (currently an observer)
to become a full member. Chuong also noted that under ASEAN mutual
legal assistance agreements, Vietnam sent an MPS delegation to
Malaysia to investigate labor trafficking cases.

- The National Steering Committee is now working on its analysis of
the successes and lessons learned during the implementation of the
National Plan of Action during the first five years (2004-2009).
Once this report is complete, the Committee will draft the
implementation plan covering the next five years (2010-2015).

Comment
--------------


4. (SBU) As the GVN has not yet had time to digest the 2009 TIP
Report, the officials' overall responses were noncommittal. They
seemed pleased about Vietnam maintaining its Tier 2 ranking, and
asked questions about the performance of other nations in Southeast
Asia. Post will forward copies of the complete bound version of the
2009 TIP Report when received.


5. (SBU) This meeting was the first time GVN officials have
recognized export labor as a part of the trafficking problem in
Vietnam. While this may seem a small gesture, officials had been
very reluctant to recognize the problem within the scope of
trafficking and to admit that existing laws and regulations are
insufficient to address it. Post hopes to build on this opening
with specific recommendations for worker protections, suggestions
for changes to Vietnamese laws and regulations, and greater
engagement to raise awareness of this issue.

PALMER