Thông tư liên tịch 01/2014/TTLT-BCA-BQP-BLDTBXH-BNG

JOINT CIRCULAR

INSTRUCTIONS ON PROCEDURE FOR AND COOPERATION IN IDENTIFICATION, RECEIPT, AND REPATRIATION OF VICTIMS OF HUMAN TRAFFICKING

Pursuant to the Law on Prevention of human trafficking 2011;

Pursuant to the Government's Decree No. 36/2012/ND-CP dated April 18, 2012 defining the functions, tasks, entitlements and organizational structure of Ministries and ministerial agencies;

Pursuant to the Government's Decree No. 62/2012/ND-CP dated August 13, 2012 on bases for identification of victims of human trafficking, protection for victims and their families;

The Minister of Public Security, the Minister of National Defense, the Minister of Labor, War Invalids and Social Affairs, and the Minister of Foreign Affairs promulgate a Joint Circular on the procedure for and cooperation in identification, receipt, and repatriation of victims of human trafficking.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation and subjects of application

1. This Circular deals with the procedure and cooperation among regulatory bodies of the Ministry of Public Security, the Ministry of National Defense, the Ministry of Labor, War Invalids and Social Affairs, and the Ministry of Foreign Affairs in identification, receipt, and repatriation of victims of human trafficking (hereinafter referred to as victims) according to Article 24, Article 25, and Article 26 of the Law on Prevention of human trafficking. In case an international agreement or treaty to which Vietnam is a signatory is in contravention of this Circular, such international agreement or treaty shall apply.

The victims in this Circular shall be identified in accordance with Article 5 of the Government's Decree No. 62/2012/ND-CP dated August 13, 2012 on bases for identification of victims of human trafficking, protection for victims and their families.

2. This Circular is applied to victims that are Vietnamese citizens in Vietnam or overseas, and victims that are foreigners in Vietnam, the regulatory bodies of the Ministry of Public Security, the Ministry of National Defense, the Ministry of Labor, War Invalids and Social Affairs, and the Ministry of Foreign Affairs that are responsible for identification, receipt, and repatriation of victims of human trafficking, relevant organizations and relevant individuals.

Article 2. Principles for identification, receipt, and repatriation of victims

1. Conformable with the Law on Prevention of human trafficking.

2. Timely, accurate, and safe; able to protect the life, health, dignity, lawful rights and interests of victims.

3. Able to protect the confidentiality of information about victims their families.

Article 3. Funding

The funding for identification, receipt, and repatriation of victims is provided by government budget and belongs to annual expenditure estimate of regulatory bodies according to the Law on State budget and its guiding documents.

Chapter II

IDENTIFICATION, RECEIPT, AND REPATRIATION OF VICTIMS TRAFFICKED ABROAD

Article 4. Rules for identification, receipt, and repatriation of victims

1. When a diplomatic mission, consular agency, or an agency authorized to perform consular tasks overseas (hereinafter referred to as Vietnam’s representative bodies overseas) receives information and documents about the a victim from a foreign regulatory body, an international organization, a Vietnamese regulatory body at home, a victim, or an informer, the following tasks shall be performed:

a) If the information reveals that the victim has not been rescued, a competent authority of the victim’s home country must be notified to cooperate in checking, identifying, and attempting a rescue if the source of information is reliable.

b) If the victim has been rescued or the person that claims to be a victim at a Vietnam’s representative body overseas:

- Verify information, collect documents related to the human trafficking, the papers proving the victim’s Vietnamese nationality, and the travel document;

- Instruct the victim to fill the Statement for victims that return from abroad (the form in Appendix 1 to this Circular). If the victim is a child or cannot fill the Statement himself or herself, the official at the receiving body shall help the victim write down his/her statements;

- If evidence for Vietnamese nationality and victimization is substantial: Provide protection, cooperate with the regulatory body of the victim’s home country in fulfilling the victim’s essential needs; issue a laissez-passer in order to repatriate the victim if he/she does not have a valid travel document. If evidence for Vietnamese nationality or victimization is insufficient: within 03 days from the receipt of information and documents from the person that claims to be a victim, the Vietnam’s representative body overseas shall send documents and a dossier on that person (including a Statement that contain sufficient and documents provided by the foreign bodies or international organizations, or collected by the Vietnam’s representative body overseas) to the Immigration Administration - the Ministry of Public Security for verification in accordance with Clause 2 of this Article and to the Consular Administration - Ministry of Foreign Affairs.

Within 03 days from the day on which the response from the Immigration Administration is received, the Vietnam’s representative body overseas shall issue a laissez-passer to the victim if the victim does not have a valid travel document. If the victim’s identity cannot be determined, or evidence for victimization is insufficient, the laws of Vietnam and the victim’s home country shall apply;

- Follow necessary procedures (provide vehicles, issue a visa), and cooperate with a regulatory body of the victim’s home country or a international organization (if any) in repatriating the victim who has a valid travel document; send a written notification to the Immigration Administration of the vehicle, time, and immigration checkpoint; the identity, numbers and types of the travel documents of the victim, the escorts of the victim’s home country or the international organization (if any) at least 05 days before the victim's entry in order to organize the receipt as prescribed in Clause 3 of this Article.

2. Identification of victims by domestic regulatory bodies:

a) Right after receiving a written request for identification from a Vietnam’s representative body overseas mentioned in Point b Clause 1 of this Article, Immigration Administration shall organize the identification or instruct a provincial immigration authority that belongs to a provincial police department (hereinafter referred to as provincial immigration authority) to carry out the identification, and send documents to the central police department in charge of crimes against social order - Ministry of Public Security for cooperation if necessary.

Within 10 days from the receipt of the request for identification, the provincial immigration authority shall report the result to Immigration Administration by secured line or fax, and send documents.

b) Within 03 days from the day on which the identification result is received, Immigration Administration must respond the Vietnam’s representative body overseas and send documents to Consular Administration for cooperation.

3. Organization of receipt of victims at border checkpoints at international airports:

a) Immigration Administration shall take charge and cooperate with regulatory bodies of relevant Ministries in organizing the receipt as follows:

- At least 03 days before the intended date of entry, Immigration Administration shall notify the time, location, and list of victims to the central police department in charge of crimes against social order, the Service of Labor, War Invalids and Social Affairs of the province where the checkpoint is located to organize the receipt in cooperation;

- At the entry checkpoint: identify, and receive the victims; sign the record on receipt of trafficked victims that return from abroad (using the form in Appendix 3 to this Circular) with the foreign regulatory body (if any); help the victims complete the procedures; check the victims’ dossiers sent by the foreign body, or give them to the victims; instruct the victims to fill the Statement for victims that return from abroad if it is not available; issue Certificate of repatriation to the victims (using the form in Appendix 5 enclosed herewith);

- Cover the costs of traveling and meals if the victims wish to go home themselves. Notify and request the families of the victims that are children and people incapable of going home themselves to get them, or take such victims to their families. The victims that have no home or wish to stay at a social protection establishment or a victim assistance establishment, and the victims that are homeless children shall be sent (together with relevant documents) to the Service of Labor, War Invalids and Social Affairs where the checkpoint is located.

- A notification shall be sent to the every immigration authority of the provinces where the victims reside.

b) At the checkpoint, the central police department in charge of crimes against social order shall cooperate with Immigration Administration in taking statements from the victims to collect information and documents about the traffickers.

c) After receiving the victims from Immigration Administration, the Service of Labor, War Invalids and Social Affairs of the province where the airport is located shall send them to a local social protection establishment or victim assistance establishment.

4. Organization of receipt of victims at land border checkpoints, railroad checkpoints, and checkpoints at seaports:

a) The Immigration Administration shall send a notification to the police authority of the province where the checkpoint is located at least 03 days before the intended date of entry to instruct the provincial immigration authority and the provincial police department in charge of crimes against social order to cooperate with regulatory bodies in organizing the receipt.

b) When receiving the notification, the police authority of the province where the checkpoint is located shall discuss the receipt plan with the Border guard and the Service of Labor, War Invalids and Social Affairs of the same province in order to organize the receipt in cooperation.

c) The border guard station at the checkpoint shall identify the victims, sign the receipt record, receive the victims from the foreign regulatory body, instruct the victims to fill the Statements for victims trafficked abroad and help them complete the entry procedure, then send them to the provincial immigration authority (the form of the receipt record is provided in Appendix 4 to this Circular).

d) After receiving the victims, the provincial immigration authority shall issue Certificates of repatriation to the victims (using the form in Appendix 6 to this Circular) and cooperate with the provincial police department in charge of crimes against social order in taking statements from the victims to collect information and documents about the traffickers.

Cover the costs of traveling and meals if the victims wish to go home themselves; notify and request the families of the victims that are children and people incapable of going home themselves to get them, or take such victims to their families; the victims that have no home or wish to stay at a social protection establishment or a victim assistance establishment, and the victims that are homeless children shall be sent (together with relevant documents) to the Service of Labor, War Invalids and Social Affairs where the checkpoint is located.

dd) After the procedures above are completed, the immigration authority of the province where the victims are received shall notify the immigration authorities of the provinces where the victims reside.

e) After receiving the victims from the provincial immigration authority, the Service of Labor, War Invalids and Social shall send them to a local social protection establishment or a victim assistance establishment.

Article 5. Identification and receipt of victims that return from abroad themselves

1. When a victim returns from abroad himself/herself and reports at a border guard station, or found by the Border guard or the Coastguard in the bordering area, on an island or on the sea:

a) The border guard station or the Coastguard shall:

- Provide temporary shelter and fulfill essential needs of the person that claims to be a victim if necessary;

- Take a statement from the victim; check the papers related to the person’s identity, nationality, other information and documents that help identify the victim;

- Collect information and documents about the traffickers that the victim knows to serve investigation and prevention of human trafficking;

- Send the victim to the People’s Committee of the nearest commune where the person reports or is found.

b) The People’s Committee of the commune, the Division of Labor, War Invalids and Social Affairs of the district and the police department of the district shall receive and identify the victim in accordance with Article 6 of this Circular.

2. If the victim returns from abroad himself/herself and reports at a police department or the local authority, then the receipt, identification, and provision of assistance for the victim shall be carried out as if that person is a victim of intra-country trafficking according to Article 6 of this Circular.

Chapter III

RECEIPT AND IDENTIFICATION OF DOMESTICALLY TRAFFICKED VICTIMS

Article 6. Receipt and identification of the victims that report themselves

1. When receiving a victim’s or his/her legal representative’s report on being trafficked, the People’s Committee or the police department of the commune must instruct him/her to fill the Statement for victims of intra-country trafficking (the form is provided in Appendix 2 to this Circular); fulfill essential needs of the person that claims to be a victim, and request the Division of Labor, War Invalids and Social Affairs of the district to follow the procedure in Clause 2 of this Article. If the informer is a child or cannot fill the Statement himself/herself, the official shall write down that person’s statement.

2. Within 03 days from the day on which the notification from the People’s Committee or police department of the commune is received, the Division of Labor, War Invalids and Social Affairs of the district shall:

a) Send the victim home or to a social protection establishment or a victim assistance establishment if the victim’s identity document is available;

b) Send a written request for identification of the victim to the police department of the district where the victim resides or where the human trafficking occurs (according to the victim’s statement) if the victim’s identity document is not available. The person that claims to be a victim shall have his/her essential needs fulfilled pending the identification. After the police department of the district confirms the victimization, assistance shall be provided as if evidence for victimization is substantial according to Point a of this Clause.

3. The police department of the district where the person that claims to be a victim resides or where the human trafficking occurs (according to his/her statement) shall:

a) Identify the victim and respond within 20 days from the receipt of the request for identification of the victim from the Division of Labor, War Invalids and Social Affairs of the district (according to Point b Clause 2 of this Article);

b) Issue a certification of victim of trafficking if evidence for victimization is substantial after identification (the certification form is provided in Appendix 7 to this Circular), send the identification result and this certificate to the Division of Labor, War Invalids and Social Affairs in order to provide assistance for the victim;

c) If the case is complicated and involves identification in multiple administrative divisions, the police department of the district shall send a report to the provincial police department to request instructions on the identification. In this case, the identification must be finished within 60 days from the day on which the report made by police department of the district is received. After identification, if evidence for victimization is substantial, the identifying body shall make a response, issue a certification of victim of trafficking, and request the police department of the district to proceeds the tasks mentioned in Point b of this Clause.

Article 7. Identification of rescued victims

1. The rescuing body (the police, the border guard, the coastguard) shall:

a) Fulfill the rescued person’s essential needs if evidence for victimization is substantial; issue the certification of victim of trafficking; send the victim to the Division of Labor, War Invalids and Social Affairs of the district where the rescue takes place to complete the procedure mentioned in Clause 2 of this Article.

a) If evidence for victimization is insufficient, the rescuing body shall request the local Division of Labor, War Invalids and Social Affairs to send that person to a social protection establishment or a victim assistance establishment after his/her essential needs have been fulfilled.

2. The Division of Labor, War Invalids and Social Affairs of the district where the rescue takes place shall:

a) Fulfill the rescued person’s essential needs if he/she has been issued with the certification of victim of trafficking;

b) Request the police department of the district where the person is rescued to identify the person if evidence for victimization is insufficient; complete the procedure mentioned in Clause 2 Article 6 of this Circular when the identification result is given as if victim is trafficked domestically.

3. The police department of the district where the person is rescued shall identify that person and notify the result to the Division of Labor, War Invalids and Social Affairs as prescribed in Clause 3 Article 6 of this Circular.

If the person is not identified as a victim, the Director of the Division of Labor, War Invalids and Social Affairs shall cooperate with the Director of a social protection establishment or a victim assistance establishment in discharging that person from such establishment in accordance with law.

Chapter IV

RECEIPT, IDENTIFICATION, AND REPATRIATION OF TRAFFICKED FOREIGNERS IN VIETNAM

Article 8. Receipt and identification of victims

1. If the victim has not been rescued:

After receiving information and documents about the victim from a foreign authority, international organization, domestic organization, or an informer, the information-receiving body must immediately request the provincial police department in charge of crimes against social order of the province where the victim is held in custody to carry out an identification, investigation, and rescue.

2. If the victim has been rescued or the person that claims to be a victim reports himself/herself:

a) The police authority, the border guard, the coastguard where the victim is rescued or the police department where the victim reports shall fulfill his/her essential needs if necessary, and immediately send him/her to the Division of Labor, War Invalids and Social Affairs of the district where the victim is rescued, or the nearest place where the victim is trafficked according to the his/her statement. If evidence for the rescued person’s victimization is substantial, the rescuing body shall issue a certification of victim of trafficking before sending.

b) Right after receiving the victim, the Division of Labor, War Invalids and Social Affairs shall:

- Send the victim to a social protection establishment or victim assistance establishment; send a report to the Service of Labor, War Invalids and Social Affairs to request instructions on assistance for the victim pending the identification;

- Notify the Service of Foreign Affairs of the province where the victim is held;

- Request the provincial immigration authority to perform the tasks mentioned in Point c of this Clause.

Within 03 days from receipt of the information about the victim, the provincial immigration authority shall cooperate with the Service of Foreign Affairs in contacting the victim and:

- Check the victim’s ID paper, entry, exit, and residence of the victim in Vietnam; take a preliminary statement from the victim (employ a translator if the victim does not speak Vietnamese language);

- Take 06 pictures sized 4 cm x 6 cm; instruct the victim to full the Statement for domestically trafficked victims. If the victim is a child or does not speak Vietnamese, the translator shall help them fill the Statement;

- Send a report to Immigration Administration together with a package that consists of: the Statement for domestically trafficked victims, 05 pictures of the victim, the certification of victim of trafficking (if any), the preliminary statement of the victim, and other documents (if any);

- Request the provincial police department in charge of crimes against social order of the province where the victim is trafficked according to his/her statement to carry out identification if evidence for victimization is insufficient. Within 20 days from the receipt of the request for identification, the provincial police department in charge of crimes against social order shall notify the result to the provincial immigration authority; then the provincial immigration authority shall send a report to Immigration Administration;

d) Within 03 days from the receipt of the report from the provincial immigration authority, Immigration Administration shall verify the information related to the entry, exit, and residence of the victim, send a written notification to the Consular Authority together with the Statement for domestically trafficked victims, 03 pictures, the certification of victim of trafficking, and relevant documents (if any);

dd) Within 03 days from the receipt of the notification from Immigration Administration, the Consular Administration shall send a diplomatic note (together with the dossier on the victim and 02 pictures) to the diplomatic mission of the country where the victim resides or holds the nationality according to the victim’s statement to request protection, identification, and receipt of the victim.

Article 9. Repatriation of victims

1. When receiving the diplomatic note from the diplomatic mission of the country of which the victim is a citizen that the victim may be received and a valid travel document of the victim, the Consular Administration must reach an agreement on the time, border checkpoint, and vehicle for repatriating the victim (a request for support from an international organization in Vietnam may be made if the foreign authority cannot provide a vehicle), then send a notification and the victim’s travel document to Immigration Administration.

2. Within 05 days from the day on which the notification result is received, Immigration Administration must:

a) Issue a temporary residence and exit visa to the victim (the victim is exempt from fees; the duration of the visa must match the deadline for repatriating the victim);

b) Notify the repatriation plan to the provincial immigration authority, the Service of Labor, War Invalids and Social Affairs of the province where the victim is being held; the police at the international airport or the border guard at the checkpoint where the victim departs; the international organizations (if relevant) that cooperate in repatriating the victim;

c) Send the travel document and other documents related to the victim to the provincial immigration authority in order to complete the procedure for repatriating the victim.

3. The Service of Labour, War Invalids and Social Affairs where the victim is held shall request the social protection establishment or victim assistance establishment to take the victim to the border checkpoint and cooperate with relevant bodies in repatriating the victim.

4. At the checkpoint, provincial immigration authority shall cooperate with the police department at the international airport to complete the repatriation procedure (if the victim goes home by air) or request the border guard at the land border checkpoint to repatriate the victim (if the victim goes home by land).

Chapter V

IMPLEMENTATION

Article 10. Effect

This Circular takes effect on March 25, 2014 and supersedes the Joint Circular No. 03/2008/TTLT-BCA-BQP-BNG-BLDTBXH dated May 08, 2008 of the Ministry of Public Security, the Ministry of National Defense, the Ministry of Foreign Affairs, the Ministry of Labor, War Invalids and Social Affairs on guidelines for procedure for identification and receipt of trafficked women and children victims that return from abroad.

Article 11. Responsibility for implementation

Regulatory bodies of the Ministry of Public Security, the Ministry of National Defense, the Ministry of Labor, War Invalids and Social Affairs, and the Ministry of Foreign Affairs are responsible for the implementation of this Circular, and must send annual reports on identification, receipt, and repatriation of victims of human trafficking, to Crime and Drug Prevention Office - Ministry of Public Security.

Any difficulty that arise during the implementation of this Circular should be reported to the Ministry of Public Security, the Ministry of National Defense, the Ministry of Labor, War Invalids and Social Affairs, and the Ministry of Foreign Affairs for timely instructions./.