Law on Human Trafficking Prevention and Combat, No. 53/2024/QH15

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ATTRIBUTE Law on Human Trafficking Prevention and Combat

Law on Human Trafficking Prevention and Combat No. 53/2024/QH15 dated November 28, 2024 of the National Assembly
Issuing body: National Assembly of the Socialist Republic of VietnamEffective date:
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Official number:53/2024/QH15Signer:Tran Thanh Man
Type:LawExpiry date:Updating
Issuing date:28/11/2024Effect status:
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Fields:Criminal , Public order
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Effect status: Known

 

THE NATIONAL ASSEMBLY

 

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

No. 53/2024/QH15

 

 

LAW

ON HUMAN TRAFFICKING PREVENTION AND COMBAT[1]

 

Pursuant to the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates the Law on Human Trafficking Prevention and Combat.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Law provides the prevention, detection and handling of acts of human trafficking and other acts of violating the law on human trafficking prevention and combat; receiving, verifying, identifying, supporting and protecting victims and persons undergoing verification to be regarded as victims; state management of, and responsibilities of agencies, organizations, families and individuals in, human trafficking prevention and combat; and international cooperation in human trafficking prevention and combat.

Article 2. Interpretation of terms

In this Law, the terms below are construed as follows:

1. Human trafficking means an act of recruiting, transporting, harboring, transferring or receiving persons for the purpose of receipt of money, property or other material benefits, sexual exploitation, forced labor, or harvest of human body parts or for other inhumane purposes by force, threat to use force, deception or other tricks.

The act of recruiting, transporting, harboring, transferring or receiving a person aged under 18 years for the purpose of receipt of money, property or other material benefits unless otherwise provided by law, sexual exploitation, forced labor, or harvest of human body parts or for other inhumane purposes is also regarded as human trafficking even without the use of force, threat to use force, deception or other tricks.

2. Sexual exploitation means forcing a victim to prostitution, organizing his/her prostitution, taking him/her to a prostitution establishment for prostitution, using him/her as an object to produce books, newspapers, paintings, photographs, films, music or other articles with pornographic contents, forcing him/her to perform pornography, or forcing him/her, due to his/her dependence on another person, to serve the latter’s sexual need.

3. Forced labor means the use of force, threat to use force or other tricks to force a victim to work against his/her will.

4. Human body parts means parts of the human body that are made of various types of tissues to perform certain physiological functions.

5. Other inhumane purposes means the use of a victim for experiments; forcing a victim to beg or marry against his/her will, give birth to a child against his/her will or commit a criminal act, or use of a victim for other cruel purposes.

6. Other tricks means taking advantage of marriage brokerage, job placement brokerage, overseas study counseling, child adoption, or sending of people to travel abroad to deceive; taking advantage of a victim’s dependent, vulnerable or distressing situation; abusing one’s position or powers; kidnapping, mentally intimidating or poisoning a victim; letting a victim use sleeping medications, anesthetics, alcohol, beer or another stimulant which makes him/her lose his/her cognitive ability and behavior control ability.

7. Victim means a person who is harmed by the act specified in Clause 1 of this Article as certified by a competent agency.

8. Person undergoing verification to be regarded as a victim means a person who shows signs of being harmed by the act specified in Clause 1 of this Article and is undergoing verification by a competent agency.

9. Relatives include spouse, blood father, blood mother, father-in-law, mother-in-law, adoptive father, adoptive mother, blood children, adopted children; paternal grandfathers, paternal grandmothers, maternal grandfathers, maternal grandmothers, siblings; paternal great-grandfathers, paternal great-grandmothers, maternal great-grandfathers, maternal great-grandmothers, and blood uncles, aunts, nieces and nephews.

Article 3. Prohibited acts

1. Trafficking in persons as defined in Clause 1, Article 2 of this Law.

2. Reaching agreement on trafficking in persons from the time they are still in fetuses.

3. Forcing, brokering or inciting others to commit the acts specified in Clauses 1 and 2 of this Article.

4. Threatening or taking revenge on victims, persons undergoing verification to be regarded as victims and their relatives, witnesses, and persons who denounce, report, declare or prevent the acts specified in this Article.

5. Tolerating, covering up, aiding, obstructing, intervening, failing to handle, or illegally handling, human trafficking acts.

6. Taking advantage of human trafficking prevention and combat activities for self-seeking purposes or committing illegal acts.

7. Obstructing the rescue, receipt, verification, identification, protection and assistance of victims or persons undergoing verification to be regarded as victims.

8. Obstructing the detection, denunciation, reporting, declaration and handling of the acts specified in this Article.

9. Offending, stigmatizing or discriminating against victims or persons undergoing verification to be regarded as victims.

10. Disclosing information about victims or persons undergoing verification to be regarded as victims without the consent of their own or their lawful representatives, unless otherwise provided by law.

11. Impersonating victims.

12. Other acts of violating this Law.

Article 4. Principles of human trafficking prevention and combat

1. To respect and protect the lawful rights and interests of victims and persons undergoing verification to be regarded as victims; taking victims and persons undergoing verification to be regarded as victims as the center; ensuring gender equality.

2. To synchronously implement measures to prevent human trafficking; to detect, prevent and strictly, promptly and accurately handle the acts specified in Article 3 of this Law.

3. To rescue, receive, verify, identify, protect and assist victims and persons undergoing verification to be regarded as victims in a timely and accurate manner; to keep information confidentiality and refrain from offending, stigmatizing or discriminating against victims and persons undergoing verification to be regarded as victims.

4. To ensure that victims and persons undergoing verification to be regarded as victims are able to use languages they can understand and enjoy assistance regimes suitable to their beliefs and religions within the framework of Vietnam’s law, and suitable to their age, gender, health status and personal characteristics.

5. On a case-by-case basis and in pursuance to relevant laws, victims who commit acts of law violation that are the direct consequences of human trafficking acts may neither be administratively handled nor examined for penal liability for such acts.

6. To bring into full play the roles and responsibilities of agencies, organizations, enterprises, communities, families and individuals in human trafficking prevention and combat.

7. To intensify international cooperation and interdisciplinary coordination, and proactively and actively join in international organizations, treaties and international agreements on human trafficking prevention and combat on the basis of ensuring compliance with Vietnam’s Constitution and law and international law and practices.

Article 5. The State’s policies on human trafficking prevention and combat

1. Human trafficking prevention and combat constitute a content of the national strategy for crime prevention and combat and shall be combined with the implementation of other socio-economic development programs.

2. Domestic and foreign agencies, organizations and individuals are encouraged to participate in, enter into cooperation on, and provide donations for, human trafficking prevention and combat activities and provision of support to victims and persons undergoing verification to be regarded as victims; domestic organizations and individuals are encouraged to establish victim support establishments in accordance with law.

3. To prioritize the application of science and technology and digital transformation in human trafficking prevention and combat; to provide support for further training and capacity building for persons engaged in human trafficking prevention
and combat.

4. To protect and assist victims and persons undergoing verification to be regarded as victims, agencies, organizations, enterprises and individuals participating in human trafficking prevention and combat in accordance with law.

5. To commend agencies, organizations and individuals that record achivements in human trafficking prevention and combat; to implement regimes and policies for persons participating in human trafficking prevention and combat who suffer loss of life, health or property in accordance with law.

6. Annually, the State shall allocate budget funds for human trafficking prevention and combat, giving priority to ethnic minority areas, areas with extremely difficult socio-economic conditions, and areas with complicated human trafficking situations.

Article 6. Rights and obligations of victims and persons undergoing verification to be regarded as victims

1. Victims and persons undergoing verification to be regarded as victims have the following rights:

a/ To request competent agencies, organizations and persons to apply measures to protect themselves and their relatives in accordance with this Law when they are harmed, threatened to be harmed or at risk of being harmed in terms of life, health, honor, dignity and property, or other lawful rights and interests related to human trafficking prevention and combat;

b/ To be informed of their lawful rights and interests and measures to prevent human trafficking;

c/ To be entitled to the support regime in accordance with this Law or refuse to receive support;

d/ To have the confidentiality of information and data on their private life, personal secrets, family secrets, places of residence and workplaces and other information protected in accordance with law;

dd/ To be granted papers and documents certifying them as victims by competent agencies and persons;

e/ To receive compensation for damage in accordance with law;

g/ To refuse the application of protection measures;

h/ Other rights as provided by relevant laws.

2. Victims and persons undergoing verification to be regarded as victims have the following obligations:

a/ To fully respond to requests of competent agencies, organizations and persons in the course of application of protection and support measures;

b/ To provide information related to violations of the law on human trafficking prevention and combat to competent agencies, organizations and persons;

c/ To respond to requests of competent agencies and persons in the course of detecting, investigating and handling human trafficking cases;

d/ Other obligations as specified by relevant laws.

 

Chapter II

HUMAN TRAFFICKING PREVENTION

Article 7. Provision of information, public communication and education about human trafficking prevention and combat

1. Provision of information, public communication and education on human trafficking prevention and combat aims at raising the awareness and sense of responsibility of agencies, organizations, enterprises, communities, families and individuals in human trafficking prevention and combat, making them more vigilant and enabling them to actively participate in human trafficking prevention and combat.

2. Information, public communication and education contents include:

a/ Policies and laws on human trafficking prevention and combat and relevant laws;

b/ Purposes, tricks and acts of human trafficking and other prohibited acts as specified in this Law;

c/ Behavioral skills in case of suspicion of human trafficking;

d/ Measures for and experiences in human trafficking prevention and combat;

dd/ Responsibilities of agencies, organizations, enterprises, families and individuals in human trafficking prevention and combat;

e/ Combat of psychological offense, stigma and discrimination against victims and persons undergoing verification to be regarded as victims;

g/ Protection measures and policies to support victims and persons undergoing verification to be regarded as victims; results of the handling of human trafficking cases in accordance with law;

h/ Other contents related to human trafficking prevention and combat.

3. The provision of information, public communication and education shall be carried out in the following forms:

a/ Meeting and talking face-to-face with target subjects;

b/ Provision of documents;

c/ In the mass media or through grassroots information activities;

d/ Through extracurricular activities of education institutions and vocational education institutions;

dd/ Through literary and artistic activities, community activities and other cultural activities;

e/ Via telecommunications networks, the Internet and computer networks;

g/ Organization of conferences, seminars, training courses and thematic talks; direct law dissemination and education;

h/ Organization of contests and communication campaigns;

i/ Other appropriate forms.

4. To build a network of grassroots communicators, mobilize the active participation of socio-political organizations, and encourage victims’ participation in the provision of information, public communication and education about human trafficking prevention and combat.

5. The provision of information, public communication and education should be intensified for women, the youth, children, pupils, students, persons with disabilities, industrial park workers, people working in casinos, karaoke service establishments, discotheques, and massage parlors, and residents in border areas, on islands, or in ethnic minority areas, areas with difficult socio-economic conditions, areas with large numbers of citizens who are married to foreigners or sent to work abroad, and areas with complicated human trafficking situations.

Article 8. Counseling on human trafficking prevention

Persons who are about to participate in industrial, employment, marriage, or inter-country child adoption relations or other services that are likely to be abused for human trafficking shall be provided by agencies and organizations specified in Articles 19, 20 and 21 of this Law with counseling on the following contents:

1. Legal knowledge about human trafficking prevention and combat;

2. Information about career orientations, employment and safe migration; information about human trafficking purposes, tricks and acts, and responding skills in case they become human trafficking victims, and guidance on behavioral skills in case of suspicion of human trafficking;

3. Information about rights and obligations of victims and persons undergoing verification to be regarded as victims and guidance on how to exercise such rights and perform such obligations.

Article 9. Security and order management

In the course of performing security and order management, competent agencies and persons have the following tasks:

1. To manage residence registration and immigration in their localities, and firmly grasp all population changes related to human trafficking activities;

2. To manage and supervise subjects who used to be convicted of the human trafficking crime and other subjects showing signs of committing human trafficking acts in accordance with law;

3. To manage and efficiently use the national population database, the identity database and other specialized databases; electronic identification and authentication; and information about judicial archives and criminal records in service of human trafficking prevention and combat;

4. To patrol and control along the borders, in border areas, at border gates and sea, and on islands in order to promptly detect and prevent human trafficking acts;

5. To strictly manage telecommunications networks, the Internet and computer networks for human trafficking prevention and combat;

6. To manage the issuance of personal identity papers and papers valid for entry and exit; to apply scientific and technological advances in the making, issuance and management of personal identity papers and papers valid for entry and exit in order to prevent and combat human trafficking;

7. To coordinate with competent authorities of the bordering countries in patrolling and controlling the borders and border gates in order to prevent and combat human trafficking.

Article 10. Management of business and service activities

1. The following business and service activities shall be managed and inspected in order to detect, prevent, and handle the abuse thereof to commit human trafficking acts:

a/ Providing karaoke, discotheque and massage parlor services; conducting casino business; providing games on telecommunications networks and the Internet; providing information content services on telecommunications networks and the Internet; providing services of job placement, labor sublease, overseas study counseling, sending of persons abroad to work as Vietnamese guest workers, and recruitment of foreigners to work in Vietnam; providing tour and accommodation services;

b/ Providing support for marriages between Vietnamese citizens and foreigners and child adoption;

c/ Other business and service activities that are likely to be abused for human trafficking.

2. Within the ambit of their tasks and powers, ministries and ministerial-level agencies shall guide, manage and inspect the business and service activities specified in Clause 1 of this Article in order to prevent and combat human trafficking.

Article 11. Management of immigration activities

In the course of performing immigration management activities, competent agencies and persons shall, through their professional activities, proactively detect, prevent and promptly handle acts of taking advantage of immigration activities, forging papers or using other tricks to commit human trafficking acts.

Article 12. Exchange of information to manage immigration activities

Agencies competent to prevent and combat the human trafficking crime, state management agencies in charge of immigration, and the Border Guard and Coast Guard forces shall exchange and provide information about subjects who used to be convicted of the human trafficking crime and other subjects showing signs of committing human trafficking acts.

Article 13. Inclusion of human trafficking prevention contents in socio-economic development programs

The Government, ministries, sectors and localities shall include human trafficking prevention contents in programs on crime prevention and combat, social evil prevention and combat, vocational training, job placement, poverty reduction, gender equality and child protection, programs for the advancement of women, and other socio-economic development programs.

Article 14. Rights and responsibilities of individuals participating in human trafficking prevention

1. To participate in human trafficking prevention activities.

2. To promptly report or denounce the acts specified in Article 3 of this Law.

3. To have their personal information protected and kept confidential when participating in human trafficking prevention and combat and providing support for victims in accordance with law.

4. To be commended and to be entitled to regimes and policies when participating in human trafficking prevention and combat and providing support for victims in accordance with law.

Article 15. Responsibilities of families participating in human trafficking prevention

1. To educate and remind their members to comply with the law on human trafficking prevention and combat; to provide information to their members about human trafficking purposes, tricks and acts and human trafficking prevention and combat measures.

2. To coordinate with education institutions, vocational education institutions, agencies and organizations in human trafficking prevention and combat.

3. To take care of and help victims who are their members so that they can reintegrate into the family and community life.

4. To encourage, support and create conditions for their members as victims and persons undergoing verification to be regarded as victims to cooperate with competent agencies in human trafficking prevention and combat.

Article 16. Responsibilities of education institutions and vocational education institutions participating in human trafficking prevention

1. To organize public communication and extracurricular education about human trafficking prevention and combat as appropriate to academic grades and training levels.

2. To create favorable conditions for victims to enjoy academic education or job training, receive employment counseling, and reintegrate themselves into the community.

3. To coordinate with agencies, organizations and families in taking measures to prevent and combat human trafficking.

Article 17. Responsibility for human trafficking prevention within organizations, enterprises, and business and service establishments

Organizations, enterprises and establishments engaged in business and service activities specified in Article 10 of this Law have the following responsibilities:

1. To commit to abiding by the law on human trafficking prevention and combat;

2. To grasp information about target beneficiaries of services and notify competent agencies upon the latter’s request in order to prevent human trafficking;

3. To sign written labor contracts with employees, make employment registration with local labor management agencies for human trafficking prevention;

4. To fulfill requests of competent agencies in the inspection and examination of human trafficking prevention and combat with regard to activities of organizations, enterprises and establishments;

5. To coordinate with and fulfill requests of competent agencies when they check for detecting signs of trafficking employees of organizations, enterprises and establishments;

6. To take the initiative in preventing and promptly reporting to competent agencies acts showing signs of human trafficking.

Article 18. Responsibilities of press and news agencies participating in human trafficking prevention

1. To promptly and accurately carry out public communication about policies and laws on human trafficking prevention and combat; to honestly provide information on the situation of human trafficking and human trafficking prevention and combat; to set examples and effective models of human trafficking prevention and combat.

2. To keep confidentiality of information about victims, persons undergoing verification to be regarded as victims, and accompanying under-18 persons, unless otherwise provided by law.

Article 19. Responsibilities of the Vietnam Fatherland Front and its member organizations to participate in human trafficking prevention

1. To carry out supervision and social criticism in the formulation and implementation of policies and laws on human trafficking prevention and combat in accordance with law.

2. To carry out public communication in order to mobilize the people and their members to abide by the law on human trafficking prevention and combat and relevant regulations; to mobilize the people and their members to actively detect, report, denounce and prevent prohibited acts specified in this Law; to participate in building a network of grassroots communicators on human trafficking prevention and combat.

3. To propose necessary measures to competent state agencies for the implementation of the law on human trafficking prevention and combat and relevant regulations; to participate in human trafficking prevention and combat, take care of, support and protect victims and persons undergoing verification to be regarded as victims.

4. To provide counseling and participate in providing counseling on human trafficking prevention under Article 8 of this Law.

5. To participate in vocational training, job placement and other support activities in order to help victims reintegrate into the community.

6. To coordinate with others in human trafficking prevention and combat in accordance with this Law.

Article 20. Responsibilities of the Vietnam Women’s Union participating in human trafficking prevention

1. To carry out public communication and education about, and mobilize women and children to improve their sense of observance of, the law on human trafficking prevention and combat.

2. To participate in building a network of grassroots communicators on human trafficking prevention and combat.

3. To perform the responsibilities specified in Article 19 of this Law within the ambit of its functions and tasks.

Article 21. Responsibilities of the Ho Chi Minh Communist Youth Union participating in human trafficking prevention

1. To carry out public communication and education about, and mobilize the youth and children to improve their sense of observance of, the law on human trafficking prevention and combat.

2. To participate in building a network of grassroots communicators on human trafficking prevention and combat.

3. To perform the responsibilities specified in Article 19 of this Law within the ambit of its functions and tasks.

 

Chapter III

DETECTION AND HANDLING OF VIOLATIONS OF THE LAW ON HUMAN TRAFFICKING PREVENTION AND COMBAT

Article 22. Denunciation, reporting, making of proposals on initiation of criminal cases against violations

1. Individuals have the right and obligation to denounce or report on the acts specified in Article 3 of this Law to Public Security offices, the Border Guard, the Coast Guard, and People’s Committees of communes, wards and townships (below collectively referred to as commune-level People’s Committees), agencies competent to settle denunciations, the national telephone switchboard on human trafficking prevention and combat or to any agencies and organizations.

2. Agencies and organizations shall, when detecting or receiving denunciations, reports or proposals on initiation of criminal cases against the acts specified in Article 3 of this Law, settle them according to their competence or promptly notify or propose the initiation of criminal cases to competent agencies for handling in accordance with law.

3. The Government shall specify the national telephone switchboard on human trafficking prevention and combat for receiving denunciations and reports on human trafficking acts.

Article 23. Detection of violations through examination and inspection activities

1. Agencies and organizations shall regularly inspect the performance of their own functions and tasks. In case of detecting the acts specified in Article 3 of this Law, they shall promptly handle such acts according to their competence or propose the handling thereof in accordance with law.

2. Competent agencies and organizations shall, through their examination and inspection activities, proactively detect and promptly handle according to their competence or propose the handling of the acts specified in Article 3 of this Law.

Article 24. Detection, prevention and handling of violations through crime prevention and combat activities

Competent agencies, units and persons in the People’s Public Security forces and the People’s Army that are assigned to prevent and combat human trafficking through their professional activities have the following responsibilities:

1. To assume the prime responsibility for, and coordinate with related agencies and units in, applying professional measures in accordance with law to promptly detect, prevent and handle the acts specified in Article 3 of this Law in localities assigned to them for management;

2. To request agencies, organizations and individuals to provide relevant information and documents in accordance with law to serve the detection, prevention and handling of human trafficking acts;

3. To apply measures in accordance with law to protect the subjects specified in Article 34 of this Law;

4. When there are grounds to believe that a person is trafficked, to take necessary measures to rescue him/her.

Article 25. Settlement of denunciations and reports on crimes, proposals on initiation of criminal cases against criminal acts of human trafficking, denunciations against violations of the law on human trafficking prevention and combat

1. The settlement of denunciations and reports on crimes, and proposals on initiation of criminal cases against criminal acts of human trafficking must comply with the criminal procedure law.

2. The settlement of denunciations against violations of the law on human trafficking prevention and combat must comply with the law on denunciations.

Article 26. Handling of violations

1. Persons who commit the acts specified in Article 3 of this Law shall, depending on the nature and severity of their violations, be administratively handled or examined for penal liability; if causing damage, they shall pay compensation in accordance with law.

2. Those who abuse their positions and powers to tolerate, cover up, improperly handle or fail to handle the acts specified in Article 3 of this Law shall, depending on the nature and severity of their violations, be disciplined, administratively handled or examined for penal liability; if causing damage, they shall pay compensation in accordance with law.

3. Persons who impersonate victims shall, apart from being handled in accordance with law, return support funds they have received.

 

Chapter IV

RECEIPT, VERIFICATION, IDENTIFICATION AND PROTECTION OF VICTIMS

Section 1

RECEIPT, VERIFICATION AND IDENTIFICATION OF VICTIMS

Article 27. Receipt and verification of persons who come to report

1. Persons who have grounds to believe that they are victims or lawful representatives who have grounds to believe that the persons represented by them are victims shall come to the nearest commune-level People’s Committees, Public Security offices, the Border Guard, the Coast Guard or agencies or organizations to report on the situation of being trafficked. Public Security offices, the Border Guard, the Coast Guard, agencies or organizations that receive the reports shall immediately send such persons to commune-level People’s Committees of the localities where the agencies or organizations are headquartered. Commune-level People’s Committees shall immediately notify such to district-level specialized agencies in charge of labor, invalids and social affairs. In case of necessity, commune-level People’s Committees that have received the reports shall provide support in accordance with Chapter V of this Law.

2. Upon receiving notices of commune-level People’s Committees, district-level specialized agencies in charge of labor, invalids and social affairs shall immediately receive and provide support to victims and, within 3 days, assume the prime responsibility for, and coordinate with Public Security offices of districts, towns, provincial cities or municipal cities (below collectively referred to as district-level Public Security offices) in, verifying initial information.

After verifying initial information, if there are no papers and documents specified in Clause 1, Article 33 of this Law, district-level specialized agencies in charge of labor, invalids and social affairs shall request district-level Public Security offices to verify the victims.

3. Within 20 days after receiving a request of district-level specialized agencies in charge of labor, invalids and social affairs, district-level Public Security offices shall verify the victims and reply in writing to the requesting agencies.

For complicated cases, the time limit for victim verification is 2 months. In case it is impossible to verify a victim within 2 months, the verification time limit may be extended, but the total verification period must not exceed 4 months.

4. Immediately after obtaining verification results or upon the expiration of the time limit specified in Clause 3 of this Article, district-level Public Security offices shall issue one of the papers specified at Point a, Clause 1, Article 33 of this Law.

5. After receiving victims and persons undergoing verification to be regarded as victims, district-level specialized agencies in charge of labor, invalids and social affairs shall provide support to these persons in accordance with Chapter V of this Law. In case these persons wish to return to their places of residence, they may be provided with travel expense support. If they need health or psychological care or their places of residence have not yet been identified and they wish to stay in the localities, district-level specialized agencies in charge of labor, invalids and social affairs shall transfer them to social relief establishments or victim support establishments.

For victims and persons undergoing verification to be regarded as victims who are children, district-level specialized agencies in charge of labor, invalids and social affairs shall notify their relatives to come to pick them up or assign officers to bring them back to places where their relatives reside. In case they have no persons to rely on or there are grounds to believe that they are likely to be in danger if being brought back to their relatives’ places of residence, they shall be transferred to social relief establishments or victim support establishments.

6. The Government shall detail this Article.

Article 28. Receipt and verification of rescued victims

1. Competent agencies, units and persons in the People’s Public Security forces and the People’s Army that have rescued victims shall provide first aid or emergency aid to them if they suffer injuries or health harms, provide support in terms of essential needs and interpretation and immediately send them to district-level specialized agencies in charge of labor, invalids and social affairs close to the localities where they have been rescued.

Rescue agencies shall carry out verification and issue certificates under Point a, Clause 1, Article 33 of this Law to rescued persons. In case there are insufficient grounds to identify victims, after receiving the victims, the district-level specialized agencies in charge of labor, invalids and social affairs shall request district-level Public Security offices to verify the victims. The time limit for victim verification and issuance of certificates must comply with Clauses 3 and 4, Article 27 of this Law.

2. After receiving rescued persons, district-level specialized agencies in charge of labor, invalids and social affairs shall provide support to them under Clause 5, Article 27 and Chapter V of this Law.

3. The Government shall detail this Article.

Article 29. Rescue, receipt and verification of victims who are abroad

1. When receiving information and documents about victims that are exchanged by foreign competent agencies, international organizations and domestic competent Vietnamese agencies or reported by such victims or persons who know human trafficking cases, overseas Vietnamese diplomatic missions, consular offices or other overseas Vietnamese agencies authorized to perform consular functions (below collectively referred to as overseas Vietnamese representative missions) shall perform the following tasks:

a/ In case such persons have not yet been rescued, to immediately notify such to competent authorities of host countries for coordination in inspection, verification and rescue;

b/ In case such persons report themselves as victims or have been rescued, to coordinate with competent authorities of host countries and domestic competent Vietnamese agencies in checking and verifying information, collecting relevant documents, and providing support in accordance with Chapter V of this Law, and issue one of the papers and documents specified in Clause 1, Article 33 of this Law.

2. Immediately after receiving a request for verification from an overseas Vietnamese representative mission specified at Point b, Clause 1 of this Article, a domestic competent Vietnamese agency shall organize the verification and reply to the overseas Vietnamese representative mission and coordinate with the latter in issuing necessary papers and carrying out procedures for victim repatriation.

3. In case there are insufficient grounds for issuing one of the papers and documents specified in Clause 1, Article 33 of this Law, overseas Vietnamese representative missions shall implement citizen protection measures in accordance with law and request domestic competent agencies to carry out verification and issue one of the papers specified at Point a, Clause 1, Article 33 of this Law. The time limit for verification must comply with Clause 3, Article 27 of this Law.

4. In case an international agreement provides the direct exchange of information and cooperation on human trafficking prevention and combat between a foreign competent agency or an international organization and a competent Vietnamese agency, such agreement shall be complied with.

5. The Government shall detail this Article.

Article 30. Receipt and verification of victims returning from abroad

1. The receipt and verification of, and provision of support to, victims returning from abroad through overseas Vietnamese representative missions shall be carried out as follows:

a/ Overseas Vietnamese representative missions shall receive and process information and documents about victims and coordinate with the competent agency of the Ministry of Public Security in verifying victims’ personal identities, issuing necessary papers and carrying out procedures for their repatriation;

b/ Competent agencies of the Ministry of Public Security and Ministry of National Defense shall receive victims; carry out verification and issue one of the victim certification papers at the request of overseas Vietnamese representative missions as specified in Clause 3, Article 29 of this Law; provide support in terms of essential needs, interpretation and health care in case of necessity and immediately send them to district-level specialized agencies in charge of labor, invalids and social affairs of the localities where they have been received in order to provide support under Chapter V of this Law.

In case victims wish to return to their places of residence, they may be provided with travel expense support. If they need health or psychological care or their places of residence have not yet been identified and they wish to stay in localities, they shall be transferred to social relief establishments or victim support establishments.

For child victims, district-level specialized agencies in charge of labor, invalids and social affairs shall notify such to their relatives for the latter to come to receive them or shall assign officers to bring them back to their relatives’ places of residence. In case they have no persons to rely on or there are grounds to believe that they are likely to be in danger when being brought back to their relatives’ places of residence, such agencies shall carry out procedures for transferring them to social relief establishments or victim support establishments.

2. The receipt of persons returning to Vietnam under relevant bilateral international agreements on human trafficking prevention and combat must comply with such agreements.

Receiving agencies shall carry out verification within the time limit specified in Clause 3, Article 27 and issue one of the papers and documents specified in Clause 1, Article 33 of this Law; provide support in terms of essential needs, health care and interpretation in case of necessity and immediately send such persons to district-level specialized agencies in charge of labor, invalids and social affairs in localities where they have been received for providing support under Chapter V of this Law.

3. The Government shall detail this Article.

Article 31. Receipt, verification, rescue and handover of foreigners trafficked in Vietnam

1. Upon receiving information and documents about foreigners trafficked in Vietnam that are exchanged by foreign competent agencies, international organizations, and domestic agencies and organizations or reported by persons who know human trafficking cases, the receiving agencies and organizations shall immediately report them to Public Security offices of provinces and centrally run cities (below collectively referred to as provincial-level Departments of Public Security) where foreigners are present for verification and rescue.

In case it is detected through professional activities that foreigners show signs of being trafficked in Vietnam or foreigners come to report themselves as human trafficking victims, competent agencies, units and persons in the People’s Public Security forces or the People’s Army shall rescue them and carry out verification.

When there are sufficient grounds to believe that rescued persons or persons who report themselves as victims are human trafficking victims, agencies having rescued victims or received their reports shall issue certificates under Clause 1, Article 33 of this Law before transferring the victims.

2. After receiving or rescuing foreigners, the competent agencies specified in Clause 1 of this Article shall provide first aid or emergency aid to them if they suffer injuries or health harms; provide support in terms of essential needs and interpretation and send them to district-level specialized agencies in charge of labor, invalids and social affairs of localities where the receiving agencies are headquartered or where the victims have been rescued.

3. After receiving foreigners trafficked in Vietnam, district-level specialized agencies in charge of labor, invalids and social affairs shall provide support to them in accordance with Chapter V of this Law and notify such to provincial-level specialized agencies in charge of foreign affairs and immigration divisions of provincial-level Departments of Public Security for perform the jobs for returning them to countries of which they are citizens or permanent residents.

4. Upon receiving a diplomatic note from a Vietnam-based foreign representative mission of the foreign country of which the victim is a citizen or permanent resident, notifying the foreign country’s acceptance to receive the victim back, enclosed with papers valid for exit or entry issued to the victim, the competent agency of the Ministry of Foreign Affairs shall reach agreement with the foreign partner on issues to be settled for repartriating the victim, then notify such in writing and transfer the victim’s exit and entry papers to the competent agency of the Ministry of Public Security.

5. The competent agency of the Ministry of Public Security shall issue visas and temporary residence certificates to victims, and notify plans to repartriate victims to immigration divisions of provincial-level Departments of Public Security, provincial-level specialized agencies in charge of labor, invalids and social affairs of localities where the victims are kept, border-gate Public Security offices at international airports or border guards of border gates from which the victims are expected to depart, Vietnam-based foreign representative missions of foreign countries of which the victims are citizens or permanent residents, and related international organizations to coordinate in repatriating the victims.

6. Provincial-level specialized agencies in charge of labor, invalids and social affairs of localities where victims are kept shall direct social relief establishments or victim support establishments in bringing victims to border gates and coordinate with related agencies in repatriating victims.

7. The Government shall detail this Article.

Section 2

VICTIM IDENTIFICATION GROUNDS; VICTIM CERTIFICATION PAPERS AND DOCUMENTS

Article 32. Victim identification grounds

1. The victim identification shall be based on:

a/ Documents and evidences provided by proceeding-conducting agencies;

b/ Information and documents provided by victim-rescuing agencies;

c/ Information and documents provided by overseas Vietnamese representative missions;

d/ Information and documents provided by other domestic agencies and organizations;

dd/ Documents provided by foreign competent authorities;

e/ Testimonies and documents provided by persons undergoing verification to be regarded as victims and their relatives;

g/ Testimonies and documents provided by persons committing human trafficking acts;

h/ Testimonies and documents provided by other victims or persons who know human trafficking cases;

i/ Other lawful documents and evidences.

2. In case a competent agency, in pursuance to Clause 1 of this Article, is not yet able to prove whether a person is a victim or not, after verifying his/her background, duration of absence from his/her place of residence and the reason for his/her absence consistent with his/her testimonies about being trafficked, it shall check the following signs to determine whether he/she is a victim or not:

a/ He/she has been found and rescued together with other victims;

b/ He/she has once lived together with other victims in a place where the subjects committing the human trafficking act have detained, managed and treated him/her like such victims;

c/ He/she shows signs of being a victim to sexual exploitation, forced labor, body organ harvest, cruel treatment, injury, fear, panic, depression or sickness as certified by a competent health agency, or having been harmed by other inhumane acts specified in Clause 5, Article 2 of this Law;

d/ His/her relatives report his/her missing during his/her absence from the place of residence;

dd/ Other lawful grounds to believe that he/she is a victim.

Article 33. Victim certification papers and documents and competence to issue victim certification papers and documents

1. A victim certification paper or document is one of the following papers and documents:

a/ A letter of confirmation that a person is a victim or a letter of confirmation that a person is not a victim;

b/ Papers and documents proving that a person is a victim, issued by a foreign authority, that have been consularly legalized by an overseas Vietnamese representative mission or the Ministry of Foreign Affairs of Vietnam.

2. Agencies competent to issue letters of confirmation specified in Clause 1 of this Article include:

a/ District-level Public Security offices specified in Clause 4, Article 27 and Clause 1, Article 28 of this Law;

b/ Rescue and receiving agencies specified in Articles 28 thru 31 of this Law;

c/ Investigation agencies, agencies tasked to carry out a number of investigation activities, people’s procuracies and people’s courts;

d/ Overseas Vietnamese representative missions specified in Clause 1, Article 29 of this Law.

3. In case a letter of confirmation specified at Point a, Clause 1 of this Article has been issued, but then the competent agency specified in Clause 2 of this Article proves that the issuance of such letter of confirmation is ultra vires, it shall cancel such letter of confirmation and issue a new one.

Section 3

protection of victims, persons undergoing verification to be regarded as victims and their relatives

Article 34. Conditions for and persons entitled to protection

If the following persons are harmed, threatened to be harmed, or at risk of having their life, health, honor, dignity, property, or other lawful rights and interests harmed due to their involvement in human trafficking matters or cases, the protective measures specified in Article 35 of this Law may be applied on a case-by-case basis:

1. Victims, persons undergoing verification to be regarded as victims, and accompanying under-18 persons;

2. Relatives of victims and persons undergoing verification to be regarded as victims;

3. Individuals participating in human trafficking prevention and combat or providing support to victims.

Article 35. Protective measures and competence to apply protective measures

1. In case the persons specified in Article 34 of this Law are denunciators, measures to protect them shall be applied in accordance with the law on denunciations.

2. In case the persons specified in Article 34 of this Law are participants in criminal proceedings, measures to protect them shall be applied in accordance with the criminal procedure law.

3. If the persons specified in Article 34 of this Law do not fall into the cases specified in Clauses 1 and 2 of this Article, the following protective measures shall be applied:

a/ Arranging temporary shelters when they are at risk of having their life and health harmed;

b/ Measures to prevent and stop acts of harming or threatening to harm life, health, honor, dignity, property, or other lawful rights and interests as specified by law.

4. Protected persons who refuse or fail to fully abide by protective measures applied by competent agencies, organizations or persons shall take responsibility for the safety of their own and of their relatives.

Even when protected persons refuse protective measures due to being threatened or coerced, competent agencies, organizations or persons shall still apply such protective measures.

5. Competent agencies, units and persons in the People’s Public Security forces and the People’s Army and other competent agencies, units and persons shall apply protective measures in accordance with law.

6. The Government shall detail Clauses 3, 4 and 5 of this Article.

Article 36. Protection of confidentiality of information about victims, persons undergoing verification to be regarded as victims and accompanying under-18 persons

1. Agencies, organizations and individuals shall keep confidentiality of information about places of residence, workplaces, places of study, private life, personal secrets and family secrets of victims, persons undergoing verification to be regarded as victims and accompanying under-18 persons, unless otherwise provided by law.

2. Courts shall consider and rule on behind-closed-doors trial of human trafficking cases at the request of victims or victims’ lawful representatives in accordance with law.

Chapter V

SUPPORT FOR VICTIMS AND PERSONS UNDERGOING VERIFICATION TO BE REGARDED AS VICTIMS

Article 37. Persons eligible for support and support regimes

1. Victims who are Vietnamese citizens and stateless persons permanently residing in Vietnam are entitled to the following support regimes:

a/ Support in terms of essential needs;

b/ Health care support;

c/ Interpretation support;

d/ Legal support;

dd/ Legal aid;

e/ Travel expense support;

g/ Psychological support;

h/ Schooling support;

i/ Support for vocational education, counseling and job placement;

k/ Initial hardship allowance and support for loan borrowing.

2. Under-18 persons accompanying victims who are Vietnamese citizens or stateless persons permanently residing in Vietnam are entitled to the support regimes specified at Points a thru h, Clause 1 of this Article.

3. Persons undergoing verification to be regarded as victims who are Vietnamese citizens and accompanying under-18 persons who are currently abroad are entitled to the support regimes specified at Points a thru d, Clause 1 of this Article.

Persons undergoing verification to be regarded as victims who are Vietnamese citizens, stateless persons permanently residing in Vietnam and accompanying under-18 persons who are currently in the country are entitled to the support regimes specified at Points a thru g, Clause 1 of this Article.

4. Victims and persons undergoing verification to be regarded as victims who are foreigners trafficked in Vietnam are, on a case-by-case basis, entitled to the support regimes specified at Points a, b, c, d, dd and g, Clause 1 of this Article.

5. The Government shall detail this Article.

Article 38. Provision support in terms of essential needs

In case of necessity, victims, persons undergoing verification to be regarded as victims and accompanying under-18 persons shall be provided with temporary accommodations, food, clothes and other essential personal items on the basis of practical conditions and characteristics of their beliefs, religions, age, gender, health status and personal characteristics.

Article 39. Health care support

1. Victims, persons undergoing verification to be regarded as victims and accompanying under-18 persons are entitled to health checks upon receipt, first aid or emergency aid if they suffer injuries or health harms. During their stay at social relief establishments or victim support establishments, if they need care for health recovery, they shall be provided with support for payment of medical examination and treatment costs.

2. Victims who are not covered by health insurance shall be provided with support for payment of health insurance premiums in the first year after they are certified as victims by competent agencies.

Article 40. Interpretation support

1. Persons undergoing verification to be regarded as victims and accompanying under-18 persons who do not speak or understand Vietnamese shall be provided with support for payment of interpretation costs during the period of carrying out victim verification procedures.

2. Victims and accompanying under-18 persons who do not speak or understand Vietnamese shall be provided with support for payment of interpretation costs during their stay at social relief establishments or victim support establishments.

Article 41. Legal support and legal aid

1. Victims, persons undergoing verification to be regarded as victims and accompanying under-18 persons shall be provided with legal support in the form of counseling to prevent being trafficked again, counseling for carrying out procedures for residence registration, civil status, issuance of identity cards and receipt of support.

2. Victims, persons undergoing verification to be regarded as victims and accompanying under-18 persons shall be provided with legal aid in forms specified in regulations on legal aid for contents related to human trafficking matters and cases.

Article 42. Travel expense support

Victims, persons undergoing verification to be regarded as victims and accompanying under-18 persons who wish to return to their places of residence shall be provided with support for payment of expenses for domestic travel and meals during their travel.

Article 43. Psychological support

Victims, persons undergoing verification to be regarded as victims and accompanying under-18 persons shall be provided with support for psychological stabilization for a period of up to 3 months.

Article 44. Schooling, vocational training, counseling and job placement support

1. If under-18 victims and under-18 persons accompanying victims wish to continue schooling shall be provided with support for payment of tuition fees and purchase of textbooks and learning aids in the first school year and the following year after they are certified as victims by competent agencies.

2. Upon returning to their places of residence, victims shall be considered for vocational education and counseling support and assisted for getting employed for stabilization of their lives.

Article 45. Initial hardship allowance and support for loan borrowing

1. Upon returning to their places of residence, victims shall be provided with lump-sum initial hardship allowance.

2. Upon returning to their places of residence, victims who wish to borrow loans for production and business activities may be considered for borrowing loans from the Vietnam Bank for Social Policies with preferential credit policies in accordance with law.

Article 46. Agencies and organizations providing support

1. Overseas Vietnamese representative missions that have received support in terms of essential needs, interpretation, health care and legal affairs in accordance with this Law and relevant laws.

2. Public Security offices, the Border Guard and the Coast Guard that have rescued and received support in terms of essential needs, interpretation and health care.

3. Commune-level People’s Committees that have received support in terms essential need, health care and legal affairs.

4. District-level specialized agencies in charge of labor, invalids and social affairs that provide support in terms of travel expense, interpretation, health care, psychological issues, schooling, vocational education, counseling and job placement, initial hardship allowance, and loan borrowing.

5. Social relief establishments and victim support establishments that provide support in terms of essential need, psychological issues, health care, interpretation, schooling, vocational education and employment counseling during their stay at such establishments.

6. State legal aid centers and organizations participating in the provision of legal aid that provide legal aid.

7. The Government shall detail this Article.

Article 47. Social relief establishments, victim support establishments

1. Public social relief establishments shall perform the following tasks in providing support to victims, persons undergoing verification to be regarded as victims and accompanying under-18 persons:

a/ To receive and arrange accommodations for them; to compile dossiers for management during their stay at social relief establishments;

b/ To implement the support regimes specified in Clause 5, Article 46 of this Law;

c/ To provide life skills education;

d/ To assess the ability of victims to integrate themselves into the community, and provide information on policies, regimes and support for victims in the community;

dd/ To provide necessary information to competent agencies to prevent and combat human trafficking;

e/ To coordinate with competent agencies in verifying victims;

g/ To coordinate with legal aid centers in providing legal aid.

2. Victim support establishments established by Vietnamese organizations and individuals shall participate in performing the tasks specified in Clause 1 of this Article according to their establishment licenses; their establishment and operation shall not be funded by the state budget.

3. Other social relief establishments established by Vietnamese organizations and individuals and not funded by the state budget may participate in supporting victims, persons undergoing verification to be regarded as victims and accompanying under-18 persons under Clause 1 of this Article and operate according to their operation licenses.

4. The Government shall detail Clauses 2 and 3 of this Article.

 

Chapter VI

STATE MANAGEMENT OF HUMAN TRAFFICKING PREVENTION AND COMBAT

Article 48. Contents of state management of human trafficking prevention and combat

1. Promulgating, and organizing the implementation of, policies and laws on human trafficking prevention and combat.

2. Providing information, public communication and education about the law on human trafficking prevention and combat.

3. Carrying out statistics and making reports on human trafficking prevention and combat.

4. Training and further training persons engaged in human trafficking prevention and combat.

5. Undertaking scientific research and international cooperation on human trafficking prevention and combat.

6. Commending agencies, organizations and individuals that record achievements in human trafficking prevention and combat.

7. Inspecting, examining, settling complaints and denunciations, and handling violations of the law on human trafficking prevention and combat.

Article 49. Responsibilities for state management of human trafficking prevention and combat

1. The Government shall perform the unified state management of human trafficking prevention and combat.

2. The Ministry of Public Security shall assist the Government in performing the state management of human trafficking prevention and combat.

3. Ministries and ministerial-level agencies shall, within the ambit of their tasks and powers, coordinate with the Ministry of Public Security in performing the state management of human trafficking prevention and combat, performing their tasks and exercising their powers in accordance with this Law and other relevant laws.

4. People’s Committees at all levels shall, within the ambit of their tasks and powers, perform the state management of human trafficking prevention and combat in their localities, perform their tasks and exercise their powers specified in this Law.

Article 50. Responsibilities of the Ministry of Public Security

1. In performing the state management of human trafficking prevention and combat, the Ministry of Public Security has the following responsibilities:

a/ To promulgate according to its competence or submit to competent agencies for promulgation policies and laws on human trafficking prevention and combat;

b/ To propose to the Government the conclusion of or accession to treaties on, or the implementation of international cooperation activities related to, human trafficking prevention and combat;

c/ To provide information, public communication and education about the law on human trafficking prevention and combat in accordance with law;

d/ To assume the prime responsibility for, and coordinate with related ministries and sectors and provincial-level People’s Committees in, organizing the implementation of policies and laws on human trafficking prevention and combat;

dd/ To assume the prime responsibility for, and coordinate with related agencies and organizations in, promulgating, and organizing the implementation of, regulations on training and further training activities; to sum up practical experiences, multiply models and commend individuals and collectives that record achievements in human trafficking prevention and combat;

e/ To inspect and examine human trafficking prevention and combat activities;

g/ To undertake international cooperation on human trafficking prevention and combat according to its competence;

h/ To implement the regime of statistical reporting on human trafficking prevention and combat; to assist the Government in making reports to be submitted to the National Assembly on human trafficking prevention and combat, which shall be integrated into the Government’s annual reports on prevention and combat of crimes and law violations.

2. In human trafficking prevention and combat activities, the Ministry of Public Security has the following responsibilities:

a/ To organize and arrange forces to directly perform or coordinate with other forces in performing the tasks of preventing and combating human trafficking;

b/ To perform security and order management in order to prevent human trafficking;

c/ To direct Public Security offices at all levels in performing their tasks and exercising their powers concerning human trafficking prevention and combat in accordance with this Law;

d/ To launch a movement of the entire population participating in the prevention, detection and combat of the human trafficking crime, and protecting security and social order and safety;

dd/ To apply information technology in human trafficking prevention and combat in association with the national population database, the identity database and other specialized databases.

Article 51. Responsibilities of the Ministry of National Defense

1. To coordinate with related ministries and sectors and People’s Committees at all levels in organizing public communication and mobilization of the people in border areas, on the sea and islands and at border gates under their management to participate in human trafficking prevention and combat activities in accordance with law.

2. To direct the Border Guard and Coast Guard forces in performing the tasks of preventing and combating human trafficking in border areas, on the sea and islands and at border gates under their management in accordance with law; to receive, provide support to and protect victims and persons undergoing verification to be regarded as victims in accordance with this Law.

3. To perform security and order management in border areas, on the sea and islands and at border gates under their management in accordance with law in order to prevent human trafficking.

4. To undertake international cooperation on human trafficking prevention and combat according to its competence.

Article 52. Responsibilities of the Ministry of Labor, Invalids and Social Affairs

1. To promulgate according to its competence or submit to competent agencies for promulgation legal documents on policies to provide support to victims and persons undergoing verification to be regarded as victims.

2. To guide, manage, examine and inspect the provision of job placement services, labor sublease, sending of persons abroad to work as Vietnamese guest workers, and recruitment of foreigners to work in Vietnam in order to prevent and combat the abuse of these activities for human trafficking; to guide the screening for detecting signs of human trafficking against employees.

3. To guide, manage, examine and inspect the provision of support to victims and persons undergoing verification to be regarded as victims.

4. To direct the inclusion of human trafficking prevention and combat contents in programs on social evil prevention and combat, vocational training, job placement, poverty reduction, gender equality, and child protection, programs for the advancement of women and other socio-economic development programs; to receive information, reports and denunciations on human trafficking to the national telephone switchboard for human trafficking prevention and combat.

5. To coordinate with the Ministry of Health and Ministry of Education and Training in directing the provision of health care, psychological and schooling support.

6. To undertake international cooperation in human trafficking prevention and combat according to its competence.

Article 53. Responsibilities of the Ministry of Health

1. To assume the prime responsibility for, and coordinate with the Ministry of Finance in, formulating and submitting to competent agencies for promulgation legal documents on policies on health care support and support for payment of health insurance premiums in accordance with Article 39 of this Law.

2. To direct and guide health establishments in coordinating with social relief establishments and victim support establishments in providing health care support to victims and persons undergoing verification to be regarded as victims.

3. To guide the provision of medical treatment and psychological support.

4. To assume the prime responsibility for, and coordinate with the Ministry of Public Security in, guiding medical examination and treatment establishments in detecting, reporting and providing information on cases showing signs of human trafficking or human body part trading or agreements on trafficking in persons from the time they are still in fetuses.

Article 54. Responsibilities of the Ministry of Foreign Affairs

1. To direct and guide competent units and overseas Vietnamese representative missions in organizing human trafficking prevention and combat activities and the protection of victims and persons undergoing verification to be regarded as victims of overseas trafficking who are Vietnamese citizens; to coordinate with competent agencies of Vietnam and foreign countries in rescuing, receiving and identifying victims, and repatriating victims and persons undergoing verification to be regarded as  victims who are Vietnamese citizens.

2. To direct the coordination with representative missions of concerned countries and Vietnamese competent agencies in repatriating foreign victims.

3. To direct the study of solutions to prevent and combat human trafficking in the formulation of policies on international migration issues according to its competence.

4. To undertake international cooperation on human trafficking prevention and combat according to its competence.

Article 55. Responsibilities of the Ministry of Justice

1. To coordinate with the Ministry of Public Security and related agencies in formulating, improving, and monitoring the implementation of, the law on human trafficking prevention and combat.

2. To guide, manage, examine and inspect the registration of inter-country marriage and the registration of child adoption in order to prevent and combat the abuse of these activities for human trafficking.

3. To manage and guide state legal aid centers and organizations participating in legal aid in providing legal aid to victims and persons undergoing verification to be regarded as victims in accordance with the law on legal aid.

4. To undertake international cooperation in human trafficking prevention and combat according to its competence.

Article 56. Responsibilities of People’s Committees at all levels

1. Within the ambit of their tasks and powers, People’s Committees at all levels have the following responsibilities:

a/ To provide information and public communication about human trafficking prevention and combat;

b/ To include human trafficking prevention and combat contents in socio-economic development programs;

c/ To organize human trafficking prevention and combat activities;

d/ To allocate budgets for human trafficking prevention and combat;

dd/ To promptly and strictly handle acts of violating the law on human trafficking prevention and combat;

e/ To organize security and order management in order to prevent and combat human trafficking;

g/ To grant establishment licenses to victim support establishments and operation licenses to other social relief establishments in order to provide support.

2. Along with the implementation of Clause 1 of this Article, commune-level People’s Committees also have the following responsibilities:

a/ To assume the prime responsibility for, and coordinate with same-level Vietnam Fatherland Front Committees and the Front’s member organizations in, organizing and facilitating the provision of counseling on human trafficking prevention and combat at the grassroots level;

b/ To receive and provide support to victims, persons undergoing verification to be regarded as victims and accompanying under-18 persons in accordance with this Law;

c/ To create conditions for victims to integrate themselves into the community.

3. The Government shall detail Point g, Clause 1 of this Article.

 

Chapter VII

INTERNATIONAL COOPERATION ON HUMAN TRAFFICKING PREVENTION AND COMBAT

Article 57. Principles of international cooperation on human trafficking prevention and combat

The State of Vietnam shall undertake international cooperation on human trafficking prevention and combat on the basis of respect for independence, sovereignty and territorial integrity, non-interference in each other’s internal affairs, equality and mutual benefit.

Article 58. International cooperation in human trafficking prevention and combat

1. On the basis of treaties to which the Socialist Republic of Vietnam is a contracting party, this Law and other relevant laws and concluded international agreements, Vietnamese competent agencies shall cooperate with the competent agencies of foreign countries, international organizations, and foreign organizations and individuals in building the legal capacity, information, technology and training for human trafficking prevention and combat activities.

2. The coordination between Vietnamese and foreign competent agencies in settling human trafficking cases must comply with relevant treaties to which the Socialist Republic of Vietnam is a contracting party.

In case Vietnam and a concerned country do not join in the same treaty, Vietnamese competent agencies shall undertake international cooperation with that country on the principle of reciprocity in accordance with Vietnam’s law, and international law and practices.

Article 59. International cooperation in victim rescue and repatriation

1. Vietnamese competent agencies shall cooperate with foreign competent agencies in rescuing, supporting and protecting victims and persons undergoing verification to be regarded as victims.

2. The State of Vietnam shall create favorable conditions for the repatriation of foreign victims to countries of which they are citizens or where they have their last places of permanent residence; apply measures to ensure that the repatriation of victims is carried out in compliance with treaties to which the Socialist Republic of Vietnam is a contracting party, this Law and relevant laws as well as international agreements between Vietnam and foreign countries, ensuring the safety of life, health, honor and dignity of victims.

Article 60. Mutual legal assistance in human trafficking prevention and combat

Mutual legal assistance in human trafficking prevention and combat between Vietnam and concerned countries shall be carried out on the basis of treaties to which the Socialist Republic of Vietnam and those countries are contracting parties or in adherence to the principle of reciprocity and in accordance with Vietnam’s law, and international law and practices.

 

Chapter VIII

IMPLEMENTATION PROVISIONS

Article 61. To add or annul a number of clauses of Article 7 of Law No. 11/2017/QH14 on Legal Aid

1. To add Clause 6a below Clause 6 as follows:

“6a. Victims, persons undergoing verification to be regarded as human trafficking victims and accompanying under-18 persons as specified in the Law on Human Trafficking Prevention and Combat.”.

2. To annul Point g of Clause 7.

Article 62. Effect

1. This Law takes effect on July 1, 2025.

2. Law No. 66/2011/QH12 on Human Trafficking Prevention and Combat ceases to be effective on the effective date of this Law, except the case specified in Article 63 of this Law.

Article 63. Transitional provisions

Persons identified as victims before the effective date of this Law and accompanying under-18 persons are entitled to the support regimes provided in Law No. 66/2011/QH12 on Human Trafficking Prevention and Combat.

This Law was passed on November 28, 2024, by the 15th National Assembly of the Socialist Republic of Vietnam at its 8th session.

Chairman of the National Assembly
TRAN THANH MAN

 


[1] Công Báo Nos 1529-1530 (30/12/2024)

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