On August 28, continuing the program of a full-time National Assembly Delegates Conference, under the direction of National Assembly Vice Chairman Nguyen Khac Dinh, National Assembly delegates gave their opinions on the draft Law on Prevention and Combat of human trafficking (reformed).
One of the new points of this draft law is that the Standing Committee of the Judiciary accepted the proposal of the National Assembly delegates and added in Clause 2, Article 3 the prohibited act of "buying and selling fetuses; human trafficking agreement from when he was still a fetus".
Expressing his opinion, delegate Duong Khac Mai (Dak Nong Delegation) suggested that it is necessary to continue to review and refer to relevant laws in detail for consistency in implementation.
The delegate analyzed, Clause 22, Article 3 explains the wording of the 2014 Law on Marriage and Family, which stipulates that surrogacy for commercial purposes is when a woman becomes pregnant for another person by applying assisted reproductive techniques for economic or other benefits. Thus, there are still cases of fetal trading recognized by law.
From there, delegate Duong Khac Mai suggested that it is possible to stipulate in Clause 2, Article 3 more specifically, the sale and purchase of fetuses, agreements to buy and sell human beings while still in the fetus without the consent of the person. mother, or buying and selling fetuses, or agreeing to buy and sell people while still in the fetus, except for the cases specified in Clause 22, Article 3 of the Law on Marriage and Family.
The delegate analyzed that, from a legal perspective, the behavior of a mother who has a child and then sells it is also an act that must be regulated as human trafficking and has signs of a crime of human trafficking.
However, in reality, the current law has not stipulated it, so there is no basis for consideration. The 2015 Penal Code as well as the law on human trafficking prevention and combat also do not have any regulations on the above issue.
Therefore, the delegate said that, in this revision of the law, the Drafting Committee needs to consider and consider appropriate solutions for the act of buying and selling fetuses in the womb in the face of the situation of buying and selling fetuses in the womb taking place increasingly complex and sophisticated as in the current period.
Delegate Tran Thi Hoa Ry (Bac Lieu Delegation) pointed out that Clause 8, Article 4 of the draft law stipulates: "Depending on each specific case according to the provisions of relevant law, the victim is forced to commit suicide." Current violations of the law may not be administratively handled or criminally prosecuted.
The female delegate suggested that it is necessary to continue research once it has been established that victims forced into human trafficking should be automatically considered exempt from administrative penalties as well as being exempt from criminal liability or be exempt from criminal liability this provision can be waived.
