Mind the Gaps - A Legal Dogmatic Study on Service Provision for Returning Human Trafficking Victims in Vietnam

Abstract: With a legal dogmatic method, the purpose of this thesis was to examine how Vietnam is fulfilling its legal obligations to support returning human trafficking victims. The Vietnamese human trafficking law was the main research object and was considered in relation to the international standards in support to returnees set in the Trafficking Protocol. It also aimed to identify shortcomings, and assess how they affect the returnees’ rights. In theory, there are no incoherencies, but shortcomings arise because of the effects of the interpretation and implementation of the laws. Cumulatively, they result in unequal access to services and rights they are entitled to by above laws. One underlying explanation to these shortcomings is the absence of the transformation from the teleology (supporting all returnees equally) to the desired normativity because of dominant gender norms and narrow perceptions of human trafficking. If Vietnam continues to pursue its development goals and wants to respect and protect the rights of returning human trafficking victims, it has to mind the gaps between theory and practice by addressing these norms and perceptions and overhaul the procedures. Only then is it more likely that Vietnam fulfils its legal obligations towards the national and international legal instruments.