Decision 402/QD-TTg 2020 plan on implementation of the Global Compact for Safe Migration

DECISION

Promulgating the plan on implementation of the United Nations’ Global Compact for Safe, Orderly and Regular Migration

THE PRIME MINISTER

Pursuant to the June 19, 2015 Law on Organization of the Government;

Pursuant to the Prime Minister’s Decision No. 1676/QD-TTg of December 3, 2018, approving the United Nations’ Global Compact for Safe, Orderly and Regular Migration (GCM) and Global Compact on Refugees (GCR);

At the proposal of the Ministry of Foreign Affairs in Documents No. 5165/TTr-BNG-LS of December 31, 2019, No. 556/BNG-LS of February 24, 2020, and No. 898/BNG-LS of March 16, 2020.

DECIDES:
Article 1.To promulgate the plan on implementation of the United Nations’ Global Compact for Safe, Orderly and Regular Migration (the plan) with the following principal contents:

I. OBJECTIVES AND REQUIREMENTS

1. Objectives

a/ To express Vietnam’s determination and responsibility to implement the United Nations’ Global Compact for Safe, Orderly and Regular Migration (the GCM) in line with its policies, laws and conditions in order to effectively manage migration for the purpose of sustainable development.

b/ To identify priority sectors and objectives, specific contents and a roadmap for implementation of the GCM; to mobilize to the utmost available domestic resources and make the best use of the international community’s assistance.

c/ To raise quality and efficiency of international migration management through a mechanism for close and regular coordination and involvement of the entire political system and society in order to create a transparent and accessible migration environment, respecting migrants’ dignity and protecting their lawful rights and interests, particularly special groups such as women and children.

2. Requirements

a/ The implementation of the plan must comply with Vietnam’s policies, laws, national target programs, national strategies, and socio-economic development programs and plans, as well as related international commitments to which Vietnam is a contracting party; closely follow social realities, center on human factor, and integrate gender factor and sustainable development factor.

b/ To formulate a regular coordination mechanism to ensure effectiveness of the plan implementation, enhance leadership and direction by all levels and sectors and synchronous coordination among agencies in the plan implementation.

c/ To regularly, promptly and adequately carry out public communication and dissemination about, and provision of guidance on, implementation of the GCM to all levels, sectors, and related agencies, organizations and individuals.

II. MAJOR TASKS

1. To disseminate and publicize information about the GCM and issues related to international migration at home and abroad; to build capacity for implementation of the GCM

a/ To disseminate, publicize, and raise the awareness about, the GCM and international migration-related issues (including regular and safe migration, irregular migration, human trafficking, etc.) among state management agencies and law enforcement agencies in charge of international migration, socio-political organizations, socio-professional organizations, related agencies and organizations,  businesses and people. Dissemination contents must suit different genders, ages, ethnic groups, literacy levels and local characteristics, be accessible, have focuses, and take diversified forms.

b/ To post on the Ministry of Foreign Affairs’ web-portal clear and transparent information about migration (including guidance, advices, recommendations, and warnings about international migration; foreign labor markets; visa policies; rights of migrants, etc.).

c/ To raise capacity of officers at all levels (particularly those at grassroots level), and in sectors, agencies and organizations involved in the implementation of the GCM to improve effectiveness of the migration management and migrant support and protection, with special attention paid to special groups, such as women, children and ethnic minority people.

2. To collect information and data on migration of Vietnamese citizens to foreign countries and foreigners to Vietnam

a/ To monitor, review and update information and data about international migration (for work; study; inter-country marriage or child adoption; irregular migration; human trafficking; forced labor; of stateless persons; repatriation of migrants, etc.); to continue effectively managing and using related specialized databases.

b/ To study incorporating migration-related contents in population and housing censuses for making additional migration surveys (reasons for migration; date of last entry and exit; country of residence for the last 5 years, etc.).

c/ To apply information technology in registration of, and provision of assistance to, overseas Vietnamese citizens,  with a view to providing basic information about Vietnamese citizens migrating abroad for different purposes.

d/ To develop a national database on migration based on linkage and integration with relevant specialized databases in order to effectively exploit and use them for making migration policies and laws.

3. To improve the system of policies and laws and organize the implementation thereof

a/ To further review legal documents concerning international migration before proposing competent authorities to revise or annul them or promulgate new ones to suit practical conditions and promptly address problems arising in the course of implementation of the GCM.

b/ To continue effectively implementing approved programs and plans related to international migration.

c/ To review, improve or promulgate in a consistent manner socio-economic solutions and policies suitable to Vietnam’s situation (including policies on poverty reduction, social welfare and security in association with sustainable employment, gender equality and advancement of status of women and girls, etc.) in order to minimize pull factors of irregular migration and help people make the right decision on migration, contributing to achieving the comprehensive and sustainable  growth target, and the target of “no one is left behind”.

d/ To incorporate migration-related issues in the national action plan to implement the 2030 agenda for sustainable development, and at the same time review, update and intensify the implementation of this plan.

4. To study and forecast the migration situation and policies related to migration-related issues of countries and territories.

a/ To study and analyze current realities and make outlook forecasts for the world and the region that might affect migration activities and migrants (including political instability, natural disasters, epidemics, climate change, cross-border pollution, etc.) so that related individuals, agencies and organizations may promptly access information and take responding acts and give warnings to protect lawful rights and interests of migrants.

b/ To study and evaluate regulations and policies of countries and territories on international migration (including visas, insurance, employment, residence, nationality, civil status, social welfare and security policies for migrants, sanctioning of violations of laws of host countries, etc.), thereby making forecasts about new migration trends and promptly proposing adjustments to policies to suit the reality.

c/ To continue monitoring overseas Vietnamese and foreigners in Vietnam for proposing appropriate solutions to effectively manage and create favorable conditions for migrants to integrate themselves with communities of host countries, and provide them with equal study, working and development opportunities and bring into play their role in the national socio-economic development.

5. To intensify international cooperation in implementation of the GCM.

a/ To proactively participate in international and regional fora on migration in order to affirm Vietnam’s responsibility and efforts in addressing global issues.

b/ To propose conclusion of or accession to treaties, signing of international agreements and participation in international commitments on migration that are suitable to Vietnam’s interests in order to promote regular, safe and orderly migration, prevent and control irregular migration, prevent and combat human trafficking, protect lawful rights and interests of migrants, with special attention paid to special groups such as women and children.

c/ To effectively organize the implementation of treaties and international agreements and commitments on migration to which Vietnam is a contracting party that are suitable to the country’s laws and conditions; evaluate results thereof and propose solutions.

d/ To attract and make the best use of international resources in the implementation of the GCM in order to build capacity of related Vietnamese agencies and improve effectiveness of the migration management.

III. ORGANIZATION OF IMPLEMENTATION

1. Assignment:

a/ The Ministry of Foreign Affairs shall assume the prime responsibility for performing the following tasks:

- Guiding, supervising, evaluating and reviewing the plan implementation and annually reporting it to the Prime Minister; preliminarily and finally reviewing the plan implementation; and making national reports on evaluation of the implementation of the GCM.

- Assisting the Government and Prime Minister in formulating plans and policies on international migration suitable to the country’s policies, laws and realities, as well as international practices.

- Developing a national database on migration and coordinating with the Ministry of Planning and Investment in incorporating migration-related contents in population and housing censuses.

- Formulating a mechanism for coordination in protection of lawful rights and interests of Vietnamese citizens migrating abroad suitable to the current state of migration of Vietnamese citizens.

- Forming an interdisciplinary working group for implementation of the GCM.

b/ The Ministry of Public Security shall assume the prime responsibility for, and coordinate with ministries, sectors and localities in, assisting the Government and Prime Minister in improving policies and laws on management of foreigners in Vietnam who are subject to the GCM.

c/ The Ministry of Justice shall assume the prime responsibility for studying and improving policies and laws on citizenship and civil status of migrants and issues related to international migration.

d/ The Ministry of National Defense shall assume the prime responsibility for, and coordinate with ministries, agencies and localities in, enhancing the border management, prevention and combat of irregular migration, illegal cross-border transportation of persons, and human trafficking by road and sea.

e/ The Ministry of Labor, Invalids and Social Affairs shall assume the prime responsibilities for, and coordinate with ministries, agencies and localities in, assisting the Government and Prime Minister in improving policies and laws on migration, intensifying measures to manage the sending of Vietnamese workers to work overseas and increase quality of workers working abroad to meet requirements of new professions and jobs.

g/ The Ministry of Information and Communications shall assume the prime responsibilities for, and coordinate with the Ministry of Foreign Affairs and related ministries, sectors and localities in, carrying out public communication and education to raise public awareness about international migration, migration in association with sustainable development, the GCM and its implementation.

h/ Provincial-level People’s Committees shall:

- Integrate the implementation of this plan with the implementation of local socio-economic development programs in order to minimize pull factors of irregular migration and human trafficking.

- Direct local functional agencies in having a firm grasp of local security and order related to migration activities in their localities, number of local Vietnamese citizens migrating abroad, foreigners in their localities and returned migrants in order to take proper management and support measures.

i/ Ministries, agencies and localities shall perform assigned tasks under the plan and the Appendix to this Decision; and biannually submit to the Ministry of Foreign Affairs data on international migration, and before November 15 every year, report the plan implementation to the Ministry of Foreign Affairs for summarization and reporting to the Prime Minister.

2. The Vietnam Fatherland Front, Vietnam Trade Union, Ho Chi Minh Communist Youth Union, Vietnam Women’s Union, socio-political organizations, socio-professional organizations and businesses shall, within the ambit of their functions and tasks, proactively implement the tasks set forth in the plan and the Appendix to this Decision.

3. Funds for plan implementation come from the state budget and donations, financial aid and assistance and other lawful sources in accordance with law.

- For funds from the state budget, based on each specific assigned task, ministries and central and local agencies shall incorporate them in annual state budget allocation estimates for their ongoing programs, projects and schemes.

- For newly arising tasks that cannot be incorporated in ongoing programs, projects and schemes, ministries and central and local agencies shall make funding estimates and incorporate them in their annual state budget estimates for submission to same-level financial agencies for submission to competent authorities for allocation of funds in accordance with the Law on the State Budget and its guiding documents.

4. In the course of implementation of the plan, when it is necessary to amend and supplement specific contents, ministries, agencies and localities shall notify such to, and exchange opinions with, the Ministry of Foreign Affairs for study, summarization and reporting to the Prime Minister for consideration and decision.

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 shall implement this Decision.-

For the Prime Minister

Deputy Prime Minister

PHAM BINH MINH

* The Appendix to this Decision is not translated.