Abstract
This article assesses Vietnam’s victim-protection system through a human rights based approach (HRBA). The author relies on qualitative legal analysis, combining doctrinal benchmarking with a socio-legal reading of how rules are applied in practice to review the 2011 and 2024 Prevention and Combating Human Trafficking laws and related crosscutting measures. The 2024 Law clearly moves the needle, with victim-centred principles and a non-punishment stance spelled out. In practice, enforcement still often hinges on identification tied to criminal investigations; accountability seems thin; survivor participation remains limited. Organising the results around four pillars – availability, accessibility, adequacy/quality, and non-discrimination-author still find stubborn gaps: earlier and more independent identification, legal aid as a right rather than a favour, stigma-free access to shelters, and support that lasts long enough for real reintegration. A quick regional scan of Thailand, Cambodia, and the Philippines suggests Vietnam is broadly in step on non-punishment but likely trails on independent identification and compensation mechanisms. The article proposes three tracks for reform. First, refine substantive rights and align criminal and administrative law so non-punishment and legal aid are hard-wired, not aspirational. Second, establish independent oversight and practical HRBA indicators that can guide inspections and budgeting. Third, give survivors a regular seat at the table – through advisory councils and straightforward feedback channels. If HRBA principles are turned into enforceable guarantees, access to justice would likely expand, recovery outcomes could improve, and Vietnam’s framework would better match its international commitments.
Keywords: Human Rights, Rights-Based Approach, Trafficking Victims, Victim Protection, Vietnamese Law.