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Trafficking in women from Vietnam to China: an analysis of push and full factors


context of this paper, the focus is only paid on the push and full factors which lead to
trafficking in women from Vietnam to China. After the analysis, some recommendations will
be proposed to both sides in order to contribute to changing the situation.
The UN Trafficking Protocol defines trafficking in Article 3 as:
Trafficking in persons shall mean the recruitment, transportation, transfer, harbouring
or receipt of persons, by means of the threat or use of force or other forms of coercion, of
abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or
of the giving or receiving of payments of benefits to achieve the consent of a person having
control over another person, for the purpose of exploitation.
Exploitation shall include, at a minimum, the exploitation of the prostitution of others or
other forms of sexual exploitation, forced labour or services, slavery or practices similar
to slavery, servitude or the removal of organs.
(United Nations, 2000)
The adoption of the UN Trafficking Protocol introduced an internationally recognized
definition, which should be the basis for other international legal instruments dealing with the
subject of trafficking in human beings (Scarpa, 2004). This definition is considered to
encompass all major dimensions of trafficking in persons and is used widely as the basis for
initiating policy among UN member countries (Samarasinghe, 2008). Both China and
Vietnam are not the state parties of this UN Protocol; then how those countries, especially
Vietnam, have coped with the emerging issue of human trafficking? According to the Penal
Code of Vietnam 1999, trafficking in women whether inter- or in-country is defined in
Article 119 as follows:
1. Those who traffic in women shall be sentenced to between two to seven years of
imprisonment.
2. Committing the crime in one of the following circumstances, the offender shall be
sentenced to between five and twenty years of imprisonment:
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