Decision No. 1957/QD-TTg 2020 implementation of the ASEAN Convention Against Trafficking in Persons

DECISION

Approving the Plan on organization of the implementation of the ASEAN Convention Against Trafficking in Persons, especially Women and Children^[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 Law on Organization of Local Administration;

Pursuant to the April 9, 2016 Law on Treaties;

Pursuant to Decision No. 2674/2016/QD-CTN of December 13, 2016, of the President of the Socialist Republic of Vietnam, ratifying the ASEAN Convention Against Trafficking in Persons, especially Women and Children;

At the proposal of the Minister of Public Security in Report No. 616/TTr-BCA-V03 of October 26, 2020,

DECIDES:

Article 1. To approve together with this Decision the Plan on organization of the implementation of the ASEAN Convention Against Trafficking in Persons, especially Women and Children.

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, chairpersons of provincial-level People’s Committees, and heads of related agencies and units shall implement this Decision.

Prime Minister
NGUYEN XUAN PHUC

PLAN

On organization of the implementation of the ASEAN Convention Against Trafficking in Persons, especially Women and Children

(Approved together with the Prime Minister’s Decision No. 1957/QD-TTg
of November 30, 2020)

I. OBJECTIVES, REQUIREMENTS

1. Objectives

- To specifically define responsibilities of authorities, sectors and localities in organizing the effective implementation of the ASEAN Convention Against Trafficking in Persons, especially Women and Children (ACTIP), thus contributing to the improvement of institutions and raising of the effectiveness of prevention and combat of the transnational organized crime of trafficking in persons and relevant crimes;

- To identify contents of and roadmaps for incorporating the provisions of the ACTIP into domestic laws, ensuring conformity with the Constitution, laws and policies of Vietnam and suitability to the country’s practical conditions; to satisfy the requirements on internal affairs and external affairs, and assurance of national security and social order and safety;

- To raise effectiveness of international cooperation on prevention and combat of trafficking in persons, especially women and children, and fulfill the obligations of a member state of the ASEAN Community in prevention and combat of trafficking in persons; to protect the interests of the State, organizations and individuals; to contribute to raising Vietnam’s profile in the region and the world and consolidate the people’s trust in the leadership of the Party and the State.

2. Requirements

- The implementation of this Plan shall be organized in a proactive, timely and synchronous manner with specific roadmaps in conformity with the Strategy for Formulation and Improvement of Vietnam’s Legal System, Judicial Reform Strategy, National Strategy for Crime Prevention and Combat in the 2016-2025 Period and Orientations through 2030, and the National Assembly’s law- and ordinance-making programs, and integrated with the implementation of the ASEAN Plan of Action Against Trafficking in Persons, especially Women and Children (below referred to as the ASEAN Plan of Action), the Plan for implementation of the United Nations Convention against Transnational Organized Crime and the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children (promulgated together with the Prime Minister’s Decision No. 605/QD-TTg of April 18, 2013) and the National Program on Prevention and Combat of Trafficking in Persons;

- Related ministries, agencies and localities shall actively and proactively formulate their own plans and coordinate with one another in performing their assigned tasks, ensuring their progress, quality and efficiency;

- To promptly overcome difficulties and address problems arising in the process of implementation of this Plan.

II. CONTENTS

1. Propagandizing and disseminating the contents of the ACTIP and legal documents on prevention and combat of trafficking in persons

a/ Contents

- To propagandize and disseminate the contents of the ACTIP and legal documents on prevention and combat of trafficking in persons, focusing on the provisions on prevention of trafficking in persons, protection of victims of trafficking, law enforcement, examination for penal liability of acts of trafficking in persons, and international and regional cooperation and coordination, in order to reach consensus in awareness, raise the sense of responsibility and capacity of officers engaged in research and management activities and officers directly performing the tasks of prevention and combat of trafficking in persons in ministries, agencies and localities and of the people as suitable to their category, gender, age, occupation and intellectual level as well as characteristics of regions, areas and localities with a view to proactively preventing and promptly detecting acts of trafficking in persons.

b/ Task assignment

- Responsible agency: Ministry of Public Security.

- Coordinating agencies: Ministry of Information and Communications, Ministry of Labor, Invalids and Social Affairs, Ministry of Justice, Ministry of Health, Ministry of National Defense, Ministry of Foreign Affairs, Ministry of Education and Training, Central Committee of the Vietnam Fatherland Front, Central Committee of the Vietnam Youth Union, Central Committee of the Vietnam Women’s Union, Vietnam Television, Voice of Vietnam, press agencies, provincial-level People’s Committees, and other related ministries, sectors and organizations.

- The Supreme People’s Court and Supreme People’s Procuracy shall coordinate with, and disseminate the contents of the ACTIP and the ASEAN Plan of Action among, leaders and officers of the court and procuracy sectors; and coordinate with the Ministry of Public Security in propagandizing and disseminating the contents of the ACTIP, the ASEAN Plan of Action, and relevant laws of Vietnam.

2. Incorporating the provisions of the ACTIP in domestic laws and improving the legal system to be consistent with the ACTIP

a/ Contents

- To review and study the compatibility between the provisions of Vietnam’s law and the contents of the ACTIP for proposing improvement of the provisions on prevention and combat of trafficking in persons in conformity with the provisions of the ACTIP.

- To study and propose amendments and supplementations to the Penal Code, Criminal Procedure Code, Law Against Trafficking in Persons, Law on Mutual Legal Assistance, Law on Treaties, Law on Execution of Custody and Temporary Detention, Law on Children, Law on Organization of Criminal Investigation Bodies, and other relevant legal documents to make them be consistent with the ACTIP in association with the Plan on Implementation of the National Program Against Trafficking in Persons.

b/ Task assignment

The Ministry of Public Security shall assume the prime responsibility for, and coordinate with the Ministry of Justice, Ministry of National Defense, Ministry of Foreign Affairs, Ministry of Labor, Invalids and Social Affairs, and related agencies in; and request the Supreme People’s Procuracy and Supreme People’s Court to coordinate with them in, implementing these contents.

3. Stepping up the receipt, verification, protection of, and provision of support for, victims of trafficking

a/ Contents

- To raise efficiency of activities of receiving, verifying and identifying victims of trafficking and transfer them to designated authorities for implementation of support regimes in accordance with law. To implement measures to ensure safety for victims and their relatives and keep victim information confidential in accordance with law.

- To arrange temporary accommodations for victims of trafficking, especially women and children, so that they can be protected and assisted in physical and psychological rehabilitation and reintegration into the community, and mobilize the active participation of social organizations, socio-professional organizations and enterprises.

- To formulate and effectively implement legal provisions for accelerating the rescue, protection, rehabilitation, repatriation and community reintegration for victims of trafficking.

- To ensure that victims of trafficking can use a language they understand; to provide victims of trafficking with information about their lawful rights and interests, facilitate their access to support services, and guarantee their rights of the defense, consistent with the ACTIP.

- To expeditiously identify victims, especially their age, so as to provide appropriate services. If it is impossible to be sure about the age of a victim who may be a child, to treat him/her as a child and ensure that the process of victim identification and interview fully adheres to the principles and provisions of relevant domestic laws in conformity with international law regarding the rights of the child, especially the International Convention on the Rights of the Child.

- To formulate programs to assist victims in ensuring their livelihood, covering the contents of fundamental education, and training in special skills for female victims. To improve children’s accessibility to education opportunities and activities so as to raise their awareness about prevention and combat of trafficking in persons and increase the rate of children, especially girls, going to school.

- To formulate a program ensuring provision of emergency support, rehabilitation and community reintegration services for victims of trafficking. Such program should apply a multidisciplinary approach regarding victims as a center when providing comprehensive service packages for victims, such as support for essential needs, travel and medical expenses, psychological counseling, legal aid, training in education knowledge and vocational training, initial support for victims, loan borrowing, and awareness raising so as to prevent stigma and discrimination against victims when they repatriate.

b/ Task assignment

- The Ministry of Public Security shall assume the prime responsibility for, and coordinate with related ministries, sectors and organizations in, receiving, verifying and protecting victims of trafficking.

- The Ministry of Labor, Invalids and Social Affairs shall assume the prime responsibility for, and coordinate with related ministries, sectors and organizations in, providing support for victims of trafficking.

4. Preventing and combating crimes of trafficking in persons

a/ Contents

- To exert greater efforts to investigate, prosecute and adjudicate crimes of trafficking in persons, especially organized criminal groups engaged in trafficking in persons; to take such appropriate measures as asset freezing or application of punishments corresponding to the nature and severity of such crimes.

- To effectively apply investigative methods and other necessary measures to collect evidences serving prosecution activities in criminal cases of trafficking in persons, even in case victims fail to make their testimonies.

- To carry out investigation and prosecution and strictly adjudicate cadres, civil servants and public employees who commit acts of corruption or money laundering; persons who participate in, create conditions for, or obstruct judicial activities related to prevention and combat of, trafficking in persons in accordance with domestic laws and conformity with the United Nations Convention against Corruption, the United Nations Convention against Transnational Organized Crime, and the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children.

- To build capacity for investigators, procurators, judges, immigration officers, coast guards, border guards, fisheries resources surveillance force, and labor inspectors engaged in prevention and combat of trafficking in persons.

- To increase capacity and efficiency of state management and social management activities in such fields as residence, civil status, tourism, overseas study, labor export, child adoption, inter-country marriage, donation of tissues and body organs, borders, and border gates, etc., for preventing, detecting and effectively handling crimes.

b/ Task assignment

- The Ministry of Public Security shall assume the prime responsibility for, and coordinate with the Ministry of National Defense, Supreme People’s Procuracy, Supreme People’s Court, Ministry of Foreign Affairs, Ministry of Justice, Ministry of Health, Ministry of Education and Training, and Ministry of Labor, Invalids and Social Affairs in, preventing and combating crimes of trafficking in persons in the inland.

- The Ministry of National Defense shall assume the prime responsibility for, and coordinate with the Ministry of Public Security, Supreme People’s Procuracy, Supreme People’s Court, Ministry of Foreign Affairs, Ministry of Health, and Ministry of Agriculture and Rural Development in, preventing and combating crimes of trafficking in persons in border areas, at sea, and on islands.

- The Supreme People’s Procuracy shall assume the prime responsibility for, and coordinate with the Ministry of Public Security, Ministry of National Defense, Ministry of Justice, and Supreme People’s Court in, prosecuting crimes of trafficking in persons.

- The Supreme People’s Court shall assume the prime responsibility for, and coordinate with the Supreme People’s Procuracy, Ministry of Public Security, Ministry of National Defense, and Ministry of Justice in, adjudicating crimes of trafficking in persons.

5. Intensifying international cooperation and adding mechanisms for cooperation on prevention and combat of trafficking in persons in line with the ACTIP

a/ Contents

- To continue formulating research schemes on special investigative and procedural activities and international cooperation in criminal investigation; to conclude and implement more bilateral and multilateral treaties in the field of mutual legal assistance in criminal matters and extradition; to conclude and implement treaties and international agreements on prevention and combat of trafficking in persons with the ASEAN countries in conformity with the ACTIP.

- To intensify cooperation in exchanging information and settling cases and matters concerning trafficking in persons, chasing and arresting offenders, and rescuing, protecting, supporting and repatriating victims of trafficking, sharing experience, and training for building capacity for prevention and combat of trafficking in persons with the ASEAN member states.

- To establish a general information system concerning trafficking in persons and develop methods of exchanging information with the ASEAN member states for the purpose of establishing a regional database on trafficking in persons.

- To study and survey the operation of crimes of trafficking in persons and related subjects, and study policies and laws of the ASEAN member states, especially countries with many victims of trafficking who are Vietnamese citizens, in order to identify focal points and mechanisms for coordination in exchanging information and settling cases and matters on trafficking in persons, rescuing and repatriating victims, and arresting offenders.

- To intensify cooperation and coordination among the ASEAN member states in investigating and prosecuting crimes of trafficking in persons or related criminal acts, such as money laundering, corruption, and illegal immigration, and transnational organized crimes.

- To increase cooperation with related agencies of the United Nations and international organizations on prevention and combat of trafficking in persons and protection of the rights of women and children so as to increase the national capacity in prevention and combat of trafficking in persons and support for victims of trafficking in an effective manner.

- To intensify coordination with relevant mechanisms and forums of the ASEAN with a view to facilitating cooperation among the ASEAN member states in prevention and combat of trafficking in persons, especially Senior Officials’ Meetings on Transnational Crime, Working Group on Trafficking in Persons, and meetings of heads of specialized units.

- To boost mutual-benefit cooperation with the ASEAN partners as well as related international, regional and sub-regional organizations in prevention and combat of trafficking in persons, and call upon partners and related organizations for technical and financial support with a view to building the collective capacity of the entire bloc and each member state of the ASEAN in this field.

- To proactively participate in or organize international forums, conferences and seminars so as to exchange and share experience with the ASEAN member states in organization and evaluation of the implementation of the ACTIP.

b/ Task assignment

The Ministry of Public Security shall assume the prime responsibility for, and coordinate with the Ministry of Foreign Affairs, Ministry of Justice, Ministry of Labor, Invalids and Social Affairs, Ministry of National Defense, Supreme People’s Procuracy, Supreme People’s Court, Central Committee of the Vietnam Women Union, and related ministries, sectors and organizations in, implementing these contents.

III. IMPLEMENTATION ROADMAP

1. The 2020-2022 period

In this period, priority shall be given to:

- Propagandizing, and providing specialized training in, the ACTIP and legal documents on prevention and combat of trafficking in persons for the people and functional forces of ministries, central sectors and localities involved in prevention and combat of trafficking in persons, especially judicial agencies, and border guard, coast guard and fisheries resources surveillance forces.

- Reviewing, studying, and proposing improvement of, legal provisions on prevention and combat of trafficking in persons in line with the ACTIP.

2. The 2022-2025 period

- To organize the performance of the tasks mentioned in this Plan.

- To conduct preliminary and final reviews of the implementation of this Plan.

IV. FUNDING FOR IMPLEMENTATION

1. Funding for implementation of this Plan shall be allocated from the state budget and included in annual state budget expenditure estimates of ministries, central agencies and localities in accordance with current regulations, and from other lawful financial sources.

2. Provincial-level People’s Committees shall propose to provincial-level People’s Councils the determination and allocation of funding for implementation of this Plan in accordance with the Law on the State Budget and guiding documents.

3. The management and use of state budget funds must comply with the Law on the State Budget and guiding documents.

V. ORGANIZATION OF IMPLEMENTATION

1. Based on the tasks assigned in this Plan and their respective functions and tasks, related ministries, sectors, localities and agencies shall promulgate their own plans or include their tasks in relevant national plans, schemes, strategies and target programs, ensuring their consistency and efficiency when being implemented.

2. The Ministry of Public Security shall, as the standing agency in implementing the ACTIP, advise the Government and Prime Minister on organizing, directing, urging and examining the implementation of this Plan nationwide; act as the national focal point and coordinate with the Ministry of Foreign Affairs in exchanging with the ASEAN member states information about prevention and combat of trafficking in persons within the scope of the ACTIP; assume the prime responsibility for, and coordinate with related ministries, sectors and agencies in, formulating coordination regulations and reporting regimes, exchange information, and receive and respond to international requests concerning implementation of the ACTIP; and conduct preliminary and final reviews for evaluating the implementation of this Plan in order to draw experience for implementation of the ACTIP in the subsequent period.

3. The Ministry of Foreign Affairs shall direct and guide overseas Vietnamese representative missions to protect Vietnamese citizens who are victims of offshore trafficking; coordinate with Vietnamese and foreign competent authorities in conducting verification and carrying out necessary procedures for supporting the repatriation of victims; and coordinate in boosting international cooperation, especially with the ASEAN member states, on prevention and combat of trafficking in persons.

4. The Ministry of Justice shall assume the prime responsibility for, and coordinate with related ministries and sectors in, enforcing civil judgments concerning prevention and combat of trafficking in persons and providing legal aid for victims of trafficking; manage, guide and examine marriage and child adoption support activities so as to prevent and combat the abuse of these activities to traffic in persons.

5. The Ministry of Information and Communications shall assume the prime responsibility for, and coordinate with related ministries and sectors in, intensifying communications about the contents of the ACTIP and about prevention and combat of trafficking in persons in the mass media.

6. The Ministry of Labor, Invalids and Social Affairs shall assume the prime responsibility for, and coordinate with related ministries and sectors in, providing support for victims of trafficking who repatriate, particularly formulate and implement a gender equality-based standard process of providing support for victims to integrate into the community, paying attention to needs and characteristics of different groups of victims, especially children; and provide support for victims at social protection establishments, victim support establishments and in the community in accordance with law.

7. The Ministry of National Defense shall coordinate with related ministries and sectors in performing the work of prevention and combat of trafficking in persons in border areas, at sea, and on islands under regulations.

8. The Ministry of Finance shall summarize and propose competent authorities to consider, decide, and include funds for regular expenditures in annual state budget estimates of related ministries and sectors for implementation of this Plan in accordance with the Law on the State Budget and guiding documents.

If any difficulties or problems arise or when it is necessary to amend and supplement the contents of this Plan in the course of its implementation, ministries, sectors and localities should promptly report them to the Ministry of Public Security for summarization and reporting to the Prime Minister for consideration and decision.-