Decision No. 193/QD-TTg 2021 the Program on human trafficking prevention and combat in 2021-2025

DECISION

Approving the Program on human trafficking prevention and combat during 2021-2025, with orientations toward 2030^[1]

THE PRIME MINISTER

Pursuant to the June 19, 2015 Law on Organization of the Government; and the November 22, 2019 Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration;

Pursuant to the March 29, 2011 Law on Human Trafficking Prevention and Combat;

Pursuant to the Prime Minister’s Decision No. 623/QD-TTg of April 14, 2016, approving the National Strategy on Crime Prevention and Control during 2021-2025, with orientations toward 2030;

Pursuant to the Prime Minister’s Decision No. 634/QD-TTg of May 13, 2020, approving the Program on implementation of the XIV^th National Assembly’s Resolution No. 96/2019/QH14 of November 27, 2019, on prevention and combat of crimes and violations of law; operation of people’s procuracies, people’s courts; and execution of judgments;

At the proposal of the Minister of Public Security in Report No. 23/TTr-BCA-C02 of January 14, 2021,

DECIDES:

Article 1. To approve the Program on human trafficking prevention and combat during 2021-2025, with orientations toward 2030 (below referred to as the Program).

Article 2. This Decision takes effect on the date of its signing.

Article 3. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of provincial-level People’s Committees shall implement this Decision.-

For the Prime Minister
Deputy Minister
TRUONG HOA BINH

PROGRAM

On human trafficking prevention and combat during 2021-2025, with orientations toward 2030

(Promulgated together with the Prime Minister’s Decision No. 193/QD-TTg
of February 9, 2021)

I. OBJECTIVES AND REQUIREMENTS

1. General objectives and requirements

a/ To promote the aggregate strength of the entire political system and people; to clearly define tasks and responsibilities of and improve the effectiveness of coordination among ministries, sectors and localities in preventing and combating human trafficking; mobilize domestic resources, support and assistance from other countries and international organizations and related organizations. To effectively implement the schemes as assigned in the National Strategy on Crime Prevention and Control during 2016-2025, with orientations toward 2030, and incorporate measures for human trafficking prevention and combat with contents and tasks of these schemes.

b/ To create a breakthrough in awareness, consciousness and responsibility of all levels, sectors and people from all walks of life; to promptly identify and remedy the causes and conditions of crime, thus reducing risks of human trafficking; to improve the system of policies and laws on human trafficking prevention and combat; to receive, verify, identify, rescue, protect and support trafficking victims in an effective manner.

2. Specific targets and requirements

a/ To promote communication to raise awareness of individuals, families and the community about human trafficking prevention and combat, with priority given to high-risk groups, particularly in deep-lying, remote, border and ethnic minority areas. Central and local press agencies and radio stations at district and commune levels shall develop specialized columns and monthly publish/broadcast news and articles on human trafficking prevention and combat suitable to different target groups as well as characteristics of each locality. To regularly update information on human traffickers’ methods, tricks and purposes on popular websites and social networking sites in Vietnam.

b/ To ensure that 100% of denunciations and reports on crimes and petitions for initiating cases related to human trafficking are received and classified and over 90% of them are processed. Cases and matters showing signs of human trafficking crime shall be accepted for investigation and verification, and when sufficient grounds are collected, criminal cases shall be initiated for investigation in accordance with law. The investigation, prosecution and adjudication of human trafficking crime shall be conducted against right offenders and offenses in accordance with law, not to let miscarriages of justice and omission of offenders occur. More than 90% of initiated human trafficking cases will be investigated and detected; 95% of annual human trafficking cases will be handled and prosecuted; and 90% of annual human trafficking cases will be handled and adjudicated.

c/ To ensure prompt and effective reception, verification, identification, rescue and protection of and provision of support to trafficking victims in accordance with law and  the victim-centered principle. To build, consolidate, and gradually upgrade and invest in physical foundations and equipment at victim support establishments. To hold refresher courses and improve knowledge and skills for personnel at all levels who are engaged in reception, verification, and identification of, and provision of support to victims.

d/ To regularly review, amend and supplement policies and laws relating to human trafficking prevention and combat, verification, identification, rescue, protection of and support for victims so as to ensure synchronism and consistency with regional and international laws and conformity with human trafficking prevention and combat work in realities.

dd/ To improve the effectiveness of inter-sectoral coordination and international cooperation in receiving, verifying, identifying, rescuing, protecting and supporting victims and investigating, prosecuting and adjudicating human trafficking cases. To effectively implement, and organize periodical and final reviews of the implementation of, treaties, bilateral and multilateral agreements, and cooperation agreements on human trafficking prevention and combat to which Vietnam is a contracting party.

e/ To make statistical data on human trafficking prevention and combat, and connect data between functional ministries and sectors, regularly update and share information, serving the monitoring, supervision, evaluation of effectiveness and development of policies on human trafficking prevention and combat.

II. TASKS AND SOLUTIONS

1. Communications about human trafficking prevention and combat

a/ Central and local press agencies shall develop and maintain specialized pages and columns, radio and television programs on human trafficking prevention and combat, focusing on communications about new methods, tricks and key areas of such crime, subjects at high risk of becoming trafficking victims, supports to be provided to victims, and the hotline to receive information about trafficking victims and cases.

b/ To attach importance to communications in the mass media and on websites, social networks, and grassroots information systems suitable to different target groups and characteristics of each locality; to incorporate information on victims’ rights, provision of  support and counseling to victims and receipt of victims’ information into messages, news, articles, columns and communication materials on human trafficking prevention and combat.

c/ To mobilize the participation of telecommunications and information technology services providers, and network operators in communications about human trafficking prevention and combat.

d/ To organize effective implementation of behavior change communication activities in the community, renovate forms of communication to suit  characteristics of each group of victims or persons at risk of becoming victims as well as special characteristics of each region. To organize activities in response to the July 30 - National Day against Trafficking in Persons in line with the United Nations’ message and local realities.

dd/ To incorporate and transmit human trafficking prevention and combat messages into civics and extracurricular education programs of all education levels and disciplines.

e/ To build and replicate effective community-based communication models; to collect and promptly grasp information and signs relating to human trafficking in residential communities.

2. Fight against human trafficking crimes

a/ To grasp the situation, carry out basic investigations and take professional measures in a coordinated manner, focusing on key routes, geographical areas and subjects to prevent, detect and stop violations, prevent recidivism related to human trafficking and related crimes.

b/ To receive, verify and promptly process denunciations, reports and petitions of initiating cases on human trafficking crimes; to investigate and discover cases and criminal rings relating to human trafficking, and purse suspected subjects; to take measures to rescue, receive, protect and support victims in accordance with law; to launch peak periods to attack and suppress human trafficking and related crimes nationwide, focusing on key routes and areas.

c/ To strengthen border and border gate management, effectively prevent illegal entry and exit and free migration; to strengthen the state management of child adoption and marriage involving foreign elements, brokerage and sending of Vietnamese people abroad to work, study, travel, and other conditional business lines in order to promptly detect human trafficking cases in such fields.

3. Prosecution and adjudication of human trafficking crimes

a/ To exercise the right to prosecution and supervision of the settlement of human trafficking cases, ensuring accuracy of justice and compliance with law.

b/ To promptly and strictly adjudicate human trafficking cases; to study and develop legal precedents on human trafficking.

c/ To select and identify key cases and select model court sessions which are open for observation so as to improve quality of adjudication and disseminate and educate law to people.

4. Receipt, verification, identification, rescue and protection of victims

a/ To receive, verify, identify and rescue victims, adhering to the victim-centered principle; to provide initial essential supports in accordance with law.

b/ To take measures to ensure information confidentiality and safety for victims and their relatives in accordance with law.

5. Support for trafficking victims

a/ To develop and implement standard procedures for supporting victims to integrate into the community; to study and apply on a pilot basis the referral process for provision of support to trafficking victims and persons suspected to be trafficking victims; to formulate regulations on inter-sectoral and inter-level coordination in receiving and supporting victims and providing and connecting the services of receiving and supporting trafficking victims and persons suspected to be trafficking victims.

b/ To consolidate, develop and improve the quality of public non-business services covered by the state budget in supporting trafficking victims, ensuring availability and accessibility; to invest in and upgrade equipment, formulate criteria for assessing the quality of victim support services and apply on a pilot basis models on provision of support for victims to integrate into the community.

c/ To incorporate contents of human trafficking prevention and combat into programs on crime prevention and combat, social vices prevention and control, poverty alleviation, vocational training, job generation, gender equality, and child protection, and other socio-economic development programs.

6. Improving policies and laws and monitoring the implementation of policies and laws relating to human trafficking prevention and combat

a/ To organize preliminary and final reviews of implementation of the 2011 Law on Human Trafficking Prevention and Combat; based on review results, to propose to competent authorities solutions to improve the effectiveness of human trafficking prevention and combat activities.

b/ To study for amendment, supplementation and improvement of the law on human trafficking prevention and combat and related guiding documents, ensuring synchronism, consistency and conformity with treaties to which Vietnam is a contracting party and actual  human trafficking prevention and combat.

c/ To develop plans on implementation and monitoring of the implementation of the law on human trafficking prevention and combat and related guiding documents.

7. Strengthening inter-sectoral coordination and international cooperation in human trafficking prevention and combat

a/ To develop, sign and effectively implement mechanisms on coordination and maintain mechanisms on periodical reporting and sharing of information among related central and local agencies in receiving and verifying, identifying, rescuing, protecting and supporting victims; and in investigating, prosecuting and adjudicating human trafficking cases.

b/ To strengthen coordination and exchange of information, study and set up hotlines with law enforcement agencies of other countries, international organizations and non-governmental organizations to promptly contact and support the verification and identification of victims in foreign countries and coordinate in the investigation, protection and rescue of victims.

c/ To develop and reach agreement with bordering countries on criteria for identifying victims and mechanisms on coordination in information exchange and repatriation of victims. To promote the operating effectiveness of border liaison offices in bordering provinces.

d/ To effectively implement treaties on human trafficking prevention and combat and related treaties to which Vietnam is a contracting party; to periodically review and summarize the implementation of such treaties. To study and propose the amendment, supplementation, and conclusion of, and accession to treaties and international agreements and commitments in conformity with realities.

dd/ To organize and participate in domestic and international conferences and seminars, bilateral and multilateral forums on human trafficking prevention and combat; to proactively exchange information on Vietnam’s guidelines and policies on, and efforts in human trafficking prevention and combat, and share the country’s experiences in these activities.

e/ To mobilize resources from agencies, social organizations, businesses, international organizations, non-governmental organizations and individuals for human trafficking prevention and combat and provision of support to victims.

8. Making of statistical data on human trafficking prevention and combat

a/ To update information and data on the actual status and results of human trafficking prevention and combat and other related data; to regularly and closely connect statistical data between ministries and functional ministries and sectors.

b/ To annually and periodically assess and analyze statistical data in service of the making of reports and plans for implementation of activities related to human trafficking prevention and combat.

9. Improvement of capacity for personnel engaged in human trafficking prevention and combat

a/ To study, formulate documents, organize the dissemination, training and further training to improve qualifications and skills for personnel directly engaged in preventing and combating human trafficking and supporting trafficking victims.

b/ To increase the sharing of experience among personnel in charge of receiving, verifying, identifying, rescuing, protecting and supporting victims, investigating, prosecuting and adjudicating human trafficking cases in ministries, sectors and localities.

III. ASSIGNMENT OF RESPONSIBILITY 

Ministries, ministerial-level agencies, government-attached agencies and provincial-level People’s Committees shall, within the ambit of their law-prescribed responsibilities and powers, actively advise, formulate and issue plans, and implement the Program’s tasks and solutions and, at the same time, focus on implementing the following specific tasks:

1. The Ministry of Public Security

a/ To act  as the permanent body assisting the Prime Minister and the Government’s Steering Committee for Crime Prevention and Combat to inspect, urge, and periodically review, summarize and evaluate the implementation of the Program’s objectives
and tasks.

b/ To assume the prime responsibility for, and closely coordinate with forces in, taking professional measures in a coordinated manner, proactively grasping the situation, implementing plans to fight, prevent and control human trafficking and related crimes in the inland.

c/ To assume the prime responsibility for receiving, verifying, identifying, rescuing and protecting victims; to make preliminary and final reviews of the implementation of the 2011 Law on Human Trafficking Prevention and Combat; and based on review results, propose to competent authorities solutions to improve the effectiveness of human trafficking prevention and combat, including the improvement of the law on human trafficking prevention and combat.

d/ To assume the prime responsibility for, and coordinate with related agencies in, enhancing international cooperation in human trafficking prevention and combat, especially with bordering countries and countries where a large number of Vietnamese citizens are residing.

dd/ To develop statistical criteria on human trafficking, ensuring conformity with international practices; to build and unanimously manage statistical data on human trafficking prevention and combat.

e/ To assume the prime responsibility for, and coordinate with ministries, sectors, and press and communications agencies in, implementing social prevention activities; to effectively implement the movement of “All the people participate in protection of national security, prevention and control of crimes and social vices”; to formulate contents for periodical dissemination of results of human trafficking prevention and combat in the mass media and on the Ministry of Public Security’s portal.

g/ To propose competent authorities to commend individuals and organizations with outstanding achievements in the implementation of the Program on Human Trafficking Prevention and Combat.

2. The Ministry of National Defense

a/ To assume the prime responsibility for performing the task of preventing and combating human trafficking crimes in border areas, border gates, on the sea and islands, and in areas under its management.

b/ To perform the rescue, protection, receipt of and support for victims; to manage security and order in border areas and border gates, on the sea and islands and in areas under its management; to enter into international cooperation on human trafficking prevention and combat according to its competence.

c/ To provide information according to statistical criteria to serve the management of statistical data on human trafficking prevention and combat.

3. The Ministry of Labor, Invalids and Social Affairs

a/ To make preliminary and final reviews of the implementation of legal regulations on provision of support to trafficking victims, based on review results, propose competent authorities to improve regulations on provision of support to victims.

b/ To assume the prime responsibility for provision of support to victims; to consolidate, develop and improve the quality of public non-business services covered by the state budget in provision of support to trafficking victims under its management; to apply on a pilot basis models of supporting victims to integrate into the community; to disseminate, hold seminars and training courses and improve the capacity of personnel in charge of provision of support to victims; to inspect and supervise the provision of support to victims.

c/ To receive information, reports and denunciations about human trafficking via the national child protection hotline 111; to process information, provide counseling or make referral for trafficking victims or persons suspected to be trafficking victims.

d/ To increase supervision, inspection and examination of organizations and individuals engaged in brokerage activities or sending of Vietnamese workers abroad as guest workers and strictly handle violations; to publicize information on organizations and enterprises that are allowed to send Vietnamese workers abroad as guest workers and charges payable by workers.

dd/ To incorporate contents on human trafficking prevention and combat into programs on poverty alleviation, vocational training, job generation, social vices prevention and combat, gender equality, and child protection.

e/ To provide information according to statistical criteria to serve the management of statistical data on human trafficking prevention and combat.

4. The Ministry of Information and Communications

a/ To assume the prime responsibility for disseminating human trafficking prevention and combat activities in the mass media, websites, social networks and grassroots information systems; to incorporate contents of human trafficking prevention and combat into other information and dissemination programs; to improve information and communication skills on human trafficking prevention and combat for grassroots information personnel, reporters and editors of press agencies.

b/ To direct enterprises, telecommunications and information technology service providers, and network operators to conduct communication on human trafficking prevention and combat.

5. The Ministry of Foreign Affairs

a/ To direct and guide overseas Vietnamese representative missions to protect Vietnamese citizens, support trafficking victims and those who are waiting for verification under regulations; to coordinate with competent Vietnamese and foreign authorities in verifying and carrying out other necessary procedures to bring the victims home.

b/ To assume the prime responsibility for, and advise the Government and Prime Minister in, formulating guidelines and policies on international migration in order to improve the management of international migration and contribute to preventing the risk of human trafficking.

c/ To assume the prime responsibility for, and coordinate with others in provision of external information on, Vietnam’s policies on and efforts in human trafficking prevention and combat and other related issues.

d/ To provide information according to statistical criteria to serve the management of statistical data on human trafficking prevention and combat.

6. The Ministry of Justice

a/ To coordinate with the Ministry of Public Security and related agencies in reviewing and improving the legal system; to monitor the implementation of policies and laws relating to human trafficking prevention and combat, ensuring effectiveness and conformity with treaties to which Vietnam is a contracting party.

b/ To manage, guide, examine and inspect activities of marriage and child adoption support services in order to prevent and combat the abuse of these activities for human trafficking.

c/ To guide state-run legal aid centers and organizations to provide legal aid for trafficking victims in accordance with law.

d/ To coordinate with ministries, sectors and localities in disseminating and educating the law on human trafficking prevention and combat.

7. The Ministry of Culture, Sports and Tourism

a/ To incorporate the dissemination of the law on human trafficking prevention and combat into cultural, artistic, physical training, sports and tourism activities in combination with development of village conventions and rules in residential communities and building a cultured lifestyle in agencies, organizations, units, schools and residential areas.

b/ To increase the management, inspection and examination of tourism business, cultural and sports services in order to prevent and combat the abuse of these activities for human trafficking.

c/ To disseminate and educate the morality and lifestyle in families in order to prevent, fight and denounce human trafficking crimes.

8. The Ministry of Education and Training

a/ To increase the dissemination and education of human trafficking prevention and combat knowledge that are incorporated in extracurricular activities in conformity with requirements of each education level and discipline and educate the human trafficking prevention and combat contents for pupils, students and trainees.

b/ To direct schools and other education institutions in the national education system to strictly manage the learning and activities of pupils, students and trainees; to create favorable conditions for pupils, students and trainees who are trafficking victims to learn academic and vocational knowledge, and integrate themselves into the community; to coordinate with families, agencies and organizations in taking measures to prevent and combat human trafficking.

c/ To increase the management, supervision, examination and inspection of organizations and individuals providing overseas study counseling services and sending people to study abroad, so as to promptly rectify and strictly handle violations.

9. The Ministry of Health

To direct and guide medical examination and treatment establishments to coordinate with social protection establishments and victim support establishments in giving priority to trafficking victims in medical examination and treatment; to study and propose policies on provision of support in purchase of health insurance for trafficking victims who have returned to localities in accordance with law.

10. The Ministry of Agriculture and Rural Development

To perform tasks and take solutions to prevent and combat human trafficking in the field of fisheries capture and fishing; to coordinate with related agencies in preventing the use of forced labor in the fields under their management.

11. The Ministry of Finance

To assume the prime responsibility for, and summarize current expenditures for, performing the Program’s tasks in annual state budget estimates of ministries and central agencies for submission to competent authorities for approval in accordance with the Law on the State Budget and guiding documents.

12. The Ministry of Planning and Investment

To coordinate with the Ministry of Finance and related ministries and sectors in reporting to competent authorities to assign medium-term and annual investment plans for projects serving the prevention and combat of human trafficking in accordance with the Law on Public Investment and related legal documents.

13. Provincial-level People’s Committees

a/ To organize the effective implementation of the Program, focusing on preventive communication; to fight, prevent and promptly and strictly handle violations of the law on human trafficking prevention and combat; to receive and support victims to reintegrate into the community; to effectively perform the state management of security and order to prevent and combat human trafficking.

b/ To concretize contents and tasks of human trafficking prevention and combat into socio-economic development plans of each year and each period, programs, resources and projects under local management.

c/ To submit to provincial-level People’s Councils to allocate funds for implementation of the Program to local agencies and units in accordance with the Law on the State Budget and guiding documents.

14. The Central Committee of the Vietnam Fatherland Front and its member organizations

a/ To further disseminate and mobilize people, cadres, members, prestigious people among ethnic minorities and religious dignitaries to participate in the prevention and combat of human trafficking crimes; to disseminate the implementation of the movement of “All people protect national security” in association with the movement of “All people unite to build a new-style countryside and civilized urban areas”.

b/ To increasingly advise the Party committees, actively coordinate with authorities in directing and implementing human trafficking prevention and combat. To create conditions for trafficking victims to participate in programs and enjoy policies on provision of support regarding loan provision, vocational training, and community reintegration.

c/ To supervise the implementation of the law on human trafficking prevention and combat; to mobilize their members and people to denounce, fight and condemn human trafficking crimes; to coordinate with one another in effectively organizing the forum “The people condemn and denounce crimes” in key areas.

d/ To regularly review, summarize, commend, praise and draw experience from, and replicate, advanced models and examples in the prevention and combat of human trafficking crimes at the grassroots level.

15. The Central Committee of the Vietnam Women’s Union

a/ To assume the prime responsibility for performing the task of dissemination on human trafficking prevention and combat in the community, focusing on the organization and implementation of behavior change communication activities in the community and renewing forms of dissemination.

b/ To build and replicate communication models and effective models of provision of support to trafficking victims; to provide information and help victims connect to community integration support services; to create conditions for trafficking victims to participate in programs on loan borrowing support of Women’s Unions at all levels.

c/ To improve communication skills on human trafficking prevention and combat for the local network of rapporteurs, disseminators and collaborators.

16. The Supreme People’s Procuracy and the Supreme People’s Court

a/ To effectively implement the Regulation on coordination with the Government; to closely coordinate with ministries, sectors and government-attached agencies in the prevention and combat of human trafficking; to guide local judicial agencies to unanimously apply the law on human trafficking prevention and combat, and direct to strengthen the investigation, prosecution and adjudication of human trafficking crimes and related crimes, ensuring promptness and strictness; to make statistics and provide information according to statistical criteria to serve the management of statistical data on human trafficking prevention and combat.

b/ The Supreme People’s Court shall study and develop legal precedents, hold model court sessions in order to improve the quality of adjudication of human trafficking cases; coordinate with mass media agencies in disseminating and educating law through adjudicating human trafficking cases.

IV. FUNDS FOR IMPLEMENTATION OF THE PROGRAM

Funds for implementation of the Program shall be covered by the state budget and included in annual state budget estimates of ministries, sectors and localities based on current regulations on decentralization of the state budget in accordance with the Law on the State Budget and guiding documents; and mobilized from donation and aid sources of domestic and foreign organizations and individuals, and other lawful sources in accordance with law.

V. ORGANIZATION OF IMPLEMENTATION

1. Ministries, ministerial-level agencies, government-attached agencies and provincial-level People’s Committees shall develop specific plans for implementation of the Program, and send monthly, quarterly and annually reports on results of implementation to the Ministry of Public Security for summarization and reporting to the Prime Minister.

2. The Ministry of Public Security shall assist the Prime Minister in monitoring, guiding, inspecting and urging ministries, sectors and localities to strictly implement the Program, and periodically summarize and report on results of implementation to the Prime Minister.-