Decree 162/2025/ND-CP detailing the Law on Human Trafficking Prevention and Combat

DECREE

Detailing a number of articles of, and measures to implement, the Law on Human Trafficking Prevention and Combat

Pursuant to the Law on Organization of the Government dated February 18, 2025;

Pursuant to the Law on Organization of Local Administration dated June 16, 2025;

Pursuant to the Law on Human Trafficking Prevention and Combat dated November 28, 2024;

At the proposal of the Minister of Health;

The Government hereby promulgates the Decree detailing a number of articles of, and measures to implement, the Law on Human Trafficking Prevention and Combat.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

1. To provide detailed regulations on Clause 6 Article 27, Clause 3 Article 28, Clause 5 Article 29, Clause 3 Article 30, Clause 7 Article 31, Clause 6 Article 35, Clause 5 Article 37, Clause 7 Article 46, Clause 4 Article 47, and Clause 3 Article 56 of the Law on Human Trafficking Prevention and Combat.

2. To provide measures for organizing implementation and providing guidance on the implementation of Clause 3 Article 22 of the Law on Human Trafficking Prevention and Combat.

Article 2. Subjects of application

This Decree applies to agencies, organizations, and individuals engaged in human trafficking prevention and combat; victim support establishments and other social relief establishments; victims, persons undergoing verification to be regarded as victims, and accompanying persons under 18 years of age; relatives of victims; relatives of persons undergoing verification to be regarded as victims; and other agencies, organizations, and individuals related to human trafficking prevention and combat.

Article 3. Funding for implementation

1. Funding for the implementation of verification, identification, protection, and support of victims:

a) The state budget;

b) Crime prevention and combat fund;

c) Sponsorship from domestic and foreign organizations and individuals;

d) Other lawful sources as prescribed by law.

2. The state budget shall allocate expenditures for verification, identification, protection, and support of victims, persons undergoing verification to be regarded as victims, and accompanying persons under 18 years of age within the annual recurrent expenditure estimates of ministries, sectors, and localities in accordance with the decentralization prescribed by the Law on the State Budget.

Chapter II

RECEIPT, VERIFICATION, IDENTIFICATION AND PROTECTION OF VICTIMS

Article 4. National telephone hotline for human trafficking prevention

1. The national telephone hotline for human trafficking prevention (hereinafter referred to as the Hotline) shall use the short telephone number (111) of the national child protection hotline to receive denunciations and reports on acts of human trafficking.

2. The Hotline shall operate 24 hours on all days to receive reports and denunciations on acts of human trafficking and shall be ensured operational resources by the State.

3. The Hotline shall implement automatic call recording and shall be free of charge for all incoming and outgoing calls.

4. The Hotline number shall be publicized in accordance with the specialized laws on telecommunications and advertising.

Article 5. Functions and duties of the national telephone hotline for human trafficking prevention

1. To receive denunciations and reports from individuals, agencies, and organizations on acts of human trafficking in accordance with Article 6 of this Decree.

2. To closely coordinate with agencies responsible for handling denunciations and reports as prescribed in Clause 3 Article 6 of this Decree; to provide information upon request of competent state agencies or individuals, agencies, and organizations making reports or denunciations via telephone in accordance with the law.

3. To store information and data related to denunciations and reports and to carry out reporting in accordance with the laws on information and data security.

Article 6. Procedures for receiving and handling denunciations and reports on acts of human trafficking via the Hotline

1. Individuals, agencies, and organizations, upon detecting acts of human trafficking or detecting that they themselves or others are at risk of being trafficked, shall call the Hotline number to make reports or denunciations.

2. The person receiving denunciations and reports on acts of human trafficking via the Hotline shall record the received information in accordance with Form No. 01 provided in the Appendix to this Decree; where necessary and upon request of the reporting person, shall provide psychological counseling, policy and legal counseling, counseling on victim support, and guidance on response skills to human trafficking acts.

3. Immediately upon completion of the receipt of denunciations and reports on acts of human trafficking, the receiving person specified in Clause 2 of this Article shall notify the Public Security, the Border Guard, the Coast Guard, or the commune-level People’s Committee where the act of human trafficking occurred or where the reporting person resides for handling in accordance with the law on human trafficking prevention and combat.

4. The Public Security, the Border Guard, the Coast Guard, and the commune-level People’s Committee shall receive and take responsibility to handle within their competence or promptly notify or recommend initiation of criminal proceedings to the competent state agency for handling in accordance with the law. In case where the denunciation or report on acts of human trafficking involves a victim or a person suspected to be a victim who is a child, the handling shall comply with the laws on children.

Article 7. Receipt and verification of reporting persons

1. The commune-level People’s Committee, Public Security, the Border Guard, the Coast Guard, or agencies or organizations, upon receiving persons coming to report as prescribed in Clause 1 Article 27 of the Law on Human Trafficking Prevention and Combat, shall:

a) Guide the reporting person to complete the declaration form for reporting persons in accordance with Form No. 02 provided in the Appendix to this Decree. In case where the reporting person is a child or a person incapable of making a declaration, the receiving officer shall record the statement based on such person’s testimonies. In case where the reporting person does not know or understand Vietnamese, interpretation support shall be provided in accordance with Article 19 of this Decree.

Upon completion of the declaration, the receiving agency shall transfer the person who has grounds to believe that he/she is a victim, together with the dossier, to the commune-level People’s Committee where the agency or organization is headquartered;

In case where the represented person does not directly report together with his/her lawful representative, the receiving agency shall be responsible for transferring the dossier to the commune-level People’s Committee where the represented person resides;

b) The commune-level People’s Committee, upon receiving the reporting person and dossier from the receiving agency as prescribed at Point a of this Clause, shall, based on the condition and needs of the reporting person, provide support for essential needs, health care support, and legal support, and at the same time, issue a written notification and transfer the reporting person together with the dossier to the Department of Health of the locality where the reporting person is received;

For case where the dossier of the represented person is transferred by the receiving agency, the commune-level People’s Committee where the represented person resides shall issue a written notification and transfer the dossier to the Department of Health of the locality where the represented person resides.

2. Within 3 working days from the receipt of the reporting person or the dossier from the commune-level People’s Committee as prescribed at Point b Clause 1 of this Article, the Department of Health of the locality where the reporting person is received or where the represented person resides shall:

a) Based on actual needs and conditions, provide health care support, interpretation support, and psychological support to the reporting person and the represented person. In case of failure to arrange accommodation for the reporting person, such person shall be transferred to a social relief establishment or a victim support establishment for continued support. Such establishments shall provide support services to persons undergoing verification to be regarded as victims in accordance with Chapter III of this Decree;

b) Coordinate with the provincial-level Public Security where the reporting person, the represented person resides, or where the incident occurred, to verify initial information, including papers and documents certifying victim status, identity, background, and other information related to the case or matter;

c) After verification of initial information, in case where the reporting person and the represented person possess sufficient papers and documents certifying them as victims, based on their needs, provide support for travel expenses for return to their places of residence or for admission to a social relief establishment or a victim support establishment in accordance with Article 22 of this Decree;

d) In case where the reporting person or the represented person does not yet have papers or documents certifying victim status, the Department of Health shall send a written request to the provincial-level Public Security where they reside or where the human trafficking incident occurred to conduct verification and victim identification;

dd) Upon receipt of verification results from the provincial-level Public Security as prescribed at Point b Clause 3 of this Article, the Department of Health shall notify the social relief establishment or victim support establishment for the provision of appropriate support services to trafficked victims in accordance with Chapter III of this Decree. At the same time, information shall be sent to the Department of Health of the locality where the victim resides for continued provision of support in accordance with regulations when the victim returns to the place of residence.

3. The provincial-level Public Security where the reporting person or the represented person resides or where the human trafficking incident occurred shall:

a) Conduct verification and victim identification within the time limit prescribed in Clause 3 Article 27 of the Law on Human Trafficking Prevention and Combat;

b) In case where verification establishes sufficient grounds, issue a certificate confirming the person as a trafficked victim in accordance with Form No. 05 provided in the Appendix to this Decree; in case where there are insufficient grounds, issue a certificate confirming that the person is not a trafficked victim in accordance with Form No. 06 provided in the Appendix to this Decree, and send the verification results to the Department of Health where the reporting person is received.

Article 8. Receipt and verification of rescued persons

1. Competent agencies, units, and persons within the People’s Public Security forces and the People’s Army that have carried out the rescue shall:

a) Immediately provide first aid or emergency care if the rescued person suffers injuries or health impairment; guide such person to complete the declaration form for rescued persons in accordance with Form No. 02 provided in the Appendix to this Decree. In case where the rescued person is a child or a person incapable of making a declaration, the receiving officer shall record the content based on the testimony of such person; where necessary, the rescuing agency shall provide interpretation support and support for essential needs;

b) After rescue, the rescuing agency shall conduct verification and victim identification in accordance with Clause 3 Article 27 of the Law on Human Trafficking Prevention and Combat:

In case of sufficient grounds to verify the rescued person as a victim, issue a certificate confirming trafficked victim status in accordance with Form No. 05 provided in the Appendix to this Decree, and transfer the victim to the Department of Health nearest to the place of rescue for provision of support as prescribed;

In case of insufficient grounds to issue a victim certification, transfer the rescued person to the Department of Health nearest to the place of rescue for continued support in accordance with regulations during the period pending verification and identification.

2. The Department of Health receiving rescued persons shall:

a) Continue to provide health care support, interpretation support, and psychological support to rescued persons. In case where a certificate confirming trafficked victim status has been issued, provide travel expense support, based on their needs, for return to their place of residence or for admission to a social relief establishment or a victim support establishment in accordance with Article 22 of this Decree;

b) In case of insufficient grounds to determine victim status, coordinate with the rescuing agency to request the provincial-level Public Security of the locality where the rescue occurred to conduct verification and victim identification in accordance with regulations;

c) During the period pending verification and victim identification, where accommodation cannot be arranged, transfer the rescued person to a social relief establishment or a victim support establishment. Such establishments shall be responsible for receiving and providing appropriate support services in accordance with Chapter III of this Decree;

d) Upon receipt of verification results from the provincial-level Public Security as prescribed at Point b Clause 3 of this Article, the Department of Health shall notify the social relief establishment or victim support establishment for the provision of appropriate support services to trafficked victims in accordance with Chapter III of this Decree. At the same time, transmit such information to the Department of Health of the locality where the victim resides for provision of support in accordance with regulations upon the victim’s return.

3. The provincial-level Public Security where the rescue occurred shall:

a) Conduct verification and victim identification at the request of the Department of Health. The time limit for such verification and identification shall comply with Clause 3 Article 27 of the Law on Human Trafficking Prevention and Combat:

b) After receipt of verification results, in case of sufficient grounds to confirm victim status, issue a certificate confirming the person as a trafficked victim in accordance with Form No. 05 provided in the Appendix to this Decree.
In case of insufficient grounds to confirm victim status, issue a certificate confirming that the person is not a trafficked victim in accordance with Form No. 06 provided in the Appendix to this Decree and notify the Department of Health of the locality where the rescue occurred of the verification results.

Article 9. Rescue, receipt and verification of victims who are abroad

1. After receipt of information and documents regarding a person alleged to be a victim, exchanged by foreign competent agencies, international organizations, or competent Vietnamese agencies in the country, or reported by persons with knowledge of the case, overseas Vietnamese diplomatic missions, consular offices, or other agencies authorized to perform consular functions of Vietnam abroad (hereinafter referred to as overseas Vietnamese representative missions) shall:

a) Immediately notify the foreign competent agency of the host country for coordination in inspection, verification, and organization of rescue operations;

b) Conduct victim verification and provide support in accordance with Clause 2 of this Article.

2. After coordination in rescuing victims or after receipt of information from self-reporting persons, overseas Vietnamese representative missions shall:

a) Within 2 working days, provide guidance to such persons to complete the declaration form for trafficked victims abroad in accordance with Form No. 03 provided in the Appendix to this Decree; examine entry and exit documents or personal identification documents issued by competent Vietnamese agencies, documents proving Vietnamese nationality, or documents serving as a basis for determination of Vietnamese nationality in accordance with the law on nationality in case where entry and exit documents are unavailable; collect information and documents related to the trafficking. In cases involving children or persons incapable of making a declaration, the receiving officer shall record the content based on their testimony. In case where the person does not understand or know Vietnamese, the overseas Vietnamese representative mission shall provide interpretation support and record the interpreted content;

b) After receiving the declaration form for trafficked victims, in case of sufficient grounds for passport issuance, overseas Vietnamese representative missions shall issue an ordinary passport under the simplified procedure (with exemption from fees) within 2 working days. In case of insufficient grounds for passport issuance, within 2 working days, overseas Vietnamese representative missions shall transmit a written request to the Immigration Department under the Ministry of Public Security for verification, with a concurrent copy to the Consular Department under the Ministry of Foreign Affairs. Within 2 working days from the date of receipt of the written response from the Immigration Department under the Ministry of Public Security, overseas Vietnamese representative missions shall issue an ordinary passport under the simplified procedure (with exemption from fees);

c) Within 2 working days from the date of receiving the declaration form for trafficked victims and information and documents related to the trafficking, overseas Vietnamese representative missions shall send a written request together with the person’s dossier (including the declaration form and relevant information and documents) to the Consular Department under the Ministry of Foreign Affairs for victim verification;

d) Within 2 working days from the date of receipt of the written response from the Consular Department under the Ministry of Foreign Affairs regarding verification results, overseas Vietnamese representative missions shall issue a certificate confirming the person as a trafficked victim in accordance with Form No. 05 provided in the Appendix to this Decree, or issue a certificate confirming that the person is not a trafficked victim in accordance with Form No. 06 provided in the Appendix to this Decree.

In case the written response from the Consular Department under the Ministry of Foreign Affairs indicates that there are insufficient grounds to issue either certificate, overseas Vietnamese representative missions shall request the Consular Department under the Ministry of Foreign Affairs to coordinate with competent Vietnamese agencies in the country to continue verification of the victim within the time limit prescribed in Clause 3 Article 27 of the Law on Human Trafficking Prevention and Combat and to provide a response to the overseas Vietnamese representative missions;

dd) Overseas Vietnamese representative missions shall provide support for essential needs, interpretation support, health care support, and legal support to victims, persons undergoing verification to be regarded as victims, and accompanying persons under 18 years of age, where necessary and based on their wishes, in accordance with Chapter III of this Decree. In case a victim requests assistance with procedures for repatriation, overseas Vietnamese representative missions shall provide written notification to the Consular Department under the Ministry of Foreign Affairs and the competent state agency specified at Point b Clause 1 Article 10 of this Decree regarding the means of transport, time, port of entry, personal identification details, and number and type of entry and exit documents of the citizen at least 3 working days prior to entry, for organization of receipt in accordance with Clause 2 Article 10 of this Decree.

3. Verification by competent Vietnamese agencies in the country

a) Immediately upon receipt of a written request for verification from overseas Vietnamese representative missions in accordance with Point c Clause 2 of this Article, within 30 days, the Immigration Department under the Ministry of Public Security shall conduct verification and provide a written response to the overseas Vietnamese representative missions, with a concurrent copy to the Consular Department under the Ministry of Foreign Affairs;

b) Within 2 working days from the date of receipt of the written request from overseas Vietnamese representative missions, the Consular Department under the Ministry of Foreign Affairs shall send a written request for victim verification to the Police Investigation Agency under the Ministry of Public Security or the Border Guard High Command under the Ministry of National Defence;

c) Within 20 working days from the date of receipt of the written request from the Consular Department under the Ministry of Foreign Affairs for victim verification, the Police Investigation Agency under the Ministry of Public Security and the Border Guard High Command under the Ministry of National Defence shall conduct verification and transmit a written response on verification results to the Consular Department under the Ministry of Foreign Affairs;

Within 2 working days from the date of receipt of the verification results from the Police Investigation Agency under the Ministry of Public Security and the Border Guard High Command under the Ministry of National Defence, the Consular Department under the Ministry of Foreign Affairs shall transmit a written response to the overseas Vietnamese representative missions;

Within 2 working days from the date of receipt of a request from overseas Vietnamese representative missions for continued verification in cases where there are insufficient grounds to issue a certificate confirming the person as a trafficked victim or certificate confirming that the person is not a trafficked victim, the Consular Department under the Ministry of Foreign Affairs shall send a written request for continued verification to the Police Investigation Agency under the Ministry of Public Security or the Border Guard High Command under the Ministry of National Defence; the time limit for such verification shall comply with Clause 3 Article 27 of the Law on Human Trafficking Prevention and Combat.

Article 10. Receipt and verification of victims returning from abroad

1. Receipt and verification of victims returning from abroad through overseas Vietnamese representative missions:

a) Within 2 working days from the date of receipt of information and documents regarding victims, provide guidance to victims to complete the declaration form for trafficked victims abroad in accordance with Form No. 03 provided in the Appendix to this Decree; examine entry and exit documents or personal identification documents issued by competent Vietnamese agencies, documents proving Vietnamese nationality, or documents serving as a basis for determination of Vietnamese nationality in accordance with the law on nationality in case where entry and exit documents are unavailable; collect information and documents related to the trafficking. In cases involving children or persons incapable of making a declaration, the receiving officer shall record the content based on their testimony. In case where the person does not understand or know Vietnamese, the overseas Vietnamese representative mission shall provide interpretation support and record the interpreted content;

In case entry and exit documents are unavailable, within 2 working days, overseas Vietnamese representative missions shall transmit a written request together with the person’s dossier to the Immigration Department under the Ministry of Public Security for identity verification, with a concurrent copy to the Consular Department under the Ministry of Foreign Affairs. The Immigration Department under the Ministry of Public Security shall conduct verification in accordance with Point a Clause 3 Article 9 of this Decree;

Overseas Vietnamese representative missions shall issue an ordinary passport under the simplified procedure (with exemption from fees) within 2 working days from the date of receipt of the written response from the Immigration Department under the Ministry of Public Security;

b) Based on the wishes of the citizen, overseas Vietnamese representative missions shall provide assistance with procedures for repatriation and provide written notification to the Consular Department under the Ministry of Foreign Affairs, the Immigration Department under the Ministry of Public Security, the provincial-level Public Security of the locality where the port of entry for receiving returning victims is located (in case where victims return through an air border gate), or the Border Guard High Command and the Border Guard Command at the border gate where returning victims are received (in case where victims return through land border gates or seaport border gates), the Department of Health of the locality where the border gate for receiving returning victims is located, and the Department of Social Assistance under the Ministry of Health regarding the means of transport, time, port of entry, personal identification details, and number and type of entry and exit documents of the citizen, together with the declaration form for trafficked victims abroad and relevant information and documents, at least 3 working days prior to the citizen’s entry, for organization of receipt in accordance with Clause 2 of this Article.

2. Organization of receipt and support for victims returning from abroad by competent Vietnamese agencies in the country

a) Based on the written notification from overseas Vietnamese representative missions as prescribed at Point b Clause 1 of this Article, the immigration control unit shall conduct verification, identification, and confirmation of identity, receive the victim, and carry out entry procedures;

b) In case where victims return through an air border gate, after completion of receipt procedures, the immigration control unit shall transfer the victim to the provincial-level Public Security of the locality where the border gate is located. The provincial-level Public Security of the locality where the border gate is located shall guide the victim to supplement information in the declaration form for trafficked victims abroad where necessary, take the initial testimony of the victim to obtain and collect information and documents regarding organizations and individuals committing trafficking acts, serving verification, victim identification, investigation, and handling in accordance with law. In cases involving children or persons incapable of making a declaration, the receiving officer shall record the content based on their testimony;

After conducting victim verification within the time limit prescribed in Clause 3 Article 27 of the Law on Human Trafficking Prevention and Combat, the provincial-level Public Security shall issue a certificate confirming the person as a victim in accordance with Form No. 05 provided in the Appendix to this Decree or a certificate confirming that the person is not a victim in accordance with Form No. 06 provided in the Appendix to this Decree, and provide written notification to the Consular Department under the Ministry of Foreign Affairs for coordination;

c) In case where victims return through land border gates or seaport border gates, after completion of receipt procedures, the immigration control unit shall guide the victim to supplement information in the declaration form for trafficked victims abroad where necessary, assume the prime responsibility for, or coordinate with the provincial-level Public Security of the locality where the border gate is located in, taking the initial testimony of the victim in order to obtain and collect information and documents regarding organizations and individuals committing trafficking acts, serving verification, victim identification, investigation, and handling in accordance with law. In cases involving children or persons incapable of making a declaration, the receiving officer shall record the content based on their testimony;

After conducting victim verification within the time limit prescribed in Clause 3 Article 27 of the Law on Human Trafficking Prevention and Combat, the immigration control unit shall issue a certificate confirming the person as a victim in accordance with Form No. 05 provided in the Appendix to this Decree or a certificate confirming that the person is not a victim in accordance with Form No. 06 provided in the Appendix to this Decree, and provide written notification to the Consular Department under the Ministry of Foreign Affairs for coordination;

d) The provincial-level Public Security and the immigration control units at land border gates and seaport border gates as prescribed at Points b and c Clause 2 of this Article shall, based on the condition and needs of the victim, provide support for essential needs, interpretation support, and health care support in accordance with Chapter III of this Decree; and promptly transfer such person (together with the dossier) to the Department of Health of the receiving locality for support in accordance with regulations;

dd) After receiving the victim from the provincial-level Public Security or the Border Guard at the border gate where the victim returns, the Department of Health of the receiving locality shall, based on the needs of the victim, provide support in accordance with Chapter III of this Decree; and provide written notification to the Department of Social Assistance under the Ministry of Health for coordination;

In case the victim wishes to return to his/her place of residence, the Department of Health of the receiving locality shall provide support for domestic travel expenses and subsistence expenses during travel, and provide written notification to the provincial-level Public Security and the Department of Health of the locality where the victim resides for monitoring, management, and support in accordance with regulations;

In case the victim requires health care or psychological support or where the place of residence has not been identified and the victim wishes to stay, the Department of Health of the receiving locality shall transfer such person to a social relief establishment or victim support establishment. Such establishments shall be responsible for receiving and providing appropriate support services in accordance with Chapter III of this Decree;

In case where the victim is a child, the Department of Health of the receiving locality shall notify relatives to receive the child or arrange for escort to the place of residence of such relatives. In case where the child has no guardian or there are grounds to believe that the child may be exposed to danger when returned to his/her relatives’ place of residence, the child shall be transferred to a social relief establishment or victim support establishment for support in accordance with Chapter III of this Decree;

After receipt of verification results from the provincial-level Public Security or the Border Guard at the border gate where the victim returns, the Department of Health of the receiving locality shall provide written notification to social relief establishments and victim support establishments for appropriate support services to trafficked victims or persons undergoing verification to be regarded as victims in accordance with Chapter III of this Decree; and concurrently transmit such information to the Department of Health of the locality where the victim resides for continued support in accordance with regulations upon the victim’s return.

3. Receipt of persons returning to Vietnam under relevant bilateral international agreements on human trafficking prevention and combat

a) Upon receipt of persons returning to Vietnam under relevant bilateral international agreements on human trafficking prevention and combat, the agency specified in such agreements shall transfer such persons to the provincial-level Public Security of the locality where the person returns for receipt;

b) After receipt, the provincial-level Public Security of the locality where the person returns shall guide such person to complete the declaration form for trafficked victims abroad in accordance with Form No. 03 provided in the Appendix to this Decree, and take the initial testimony of such person in order to obtain and collect information and documents regarding organizations and individuals committing trafficking acts, serving verification, victim identification, investigation, and handling in accordance with law. In cases involving children or persons incapable of making a declaration, the receiving officer shall record the content based on their testimony. After conducting victim verification within the time limit prescribed in Clause 3 Article 27 of the Law on Human Trafficking Prevention and Combat, the provincial-level Public Security shall issue a certificate confirming the person as a victim in accordance with Form No. 05 provided in the Appendix to this Decree or a certificate confirming that the person is not a victim in accordance with Form No. 06 provided in the Appendix to this Decree;

c) After completion of the declaration by the returning person in accordance with Point a Clause 3 of this Article, the provincial-level Public Security shall, based on the condition and needs of such person, provide support for essential needs, health care support, and interpretation support; and within 02 working days transfer such person to the Department of Health of the receiving locality for support in accordance with regulations;

d) The Department of Health of the receiving locality shall, based on the needs of the returning person, provide support in accordance with Chapter III of this Decree and shall provide a written report to the Department of Social Assistance under the Ministry of Health.

Article 11. Receipt, verification, rescue and handover of foreigners subject to human trafficking in Viet Nam

1. Verification, rescue and handover of foreigners subject to human trafficking in Viet Nam after being rescued

a) Upon receipt of a notice from an agency or organization that has received information and documents on foreigners subject to human trafficking in Viet Nam in accordance with Clause 1 Article 31 of the Law on Human Trafficking Prevention and Combat, the provincial-level Public Security office of the locality where the foreigner is present shall be responsible for organizing verification and rescue;

In case, through professional activities, foreigners showing signs of being trafficked in Vietnam are detected, competent agencies, units and persons in the People’s Public Security forces or the People’s Army shall be responsible for carrying out the rescue;

b) After rescuing a foreigner, the provincial-level Public Security office, competent agencies, units and persons in the People’s Public Security forces or the People’s Army shall provide first aid or emergency aid if such person suffers injuries or health damage, provide support for essential needs and interpretation in accordance with Chapter III of this Decree; within 2 working days, such person shall be transferred to the Department of Health of the locality where such person is rescued;

The Department of Health, after receiving the rescued person, shall, based on their needs, provide support in accordance with Chapter III of this Decree; and notify the Department of Social Assistance and the Ministry of Health for coordination; Pending verification and identification of the victim, the Department of Health of the locality where such person is rescued shall transfer such person to a social relief establishment or a victim support establishment; Such establishments shall be responsible for receiving and providing appropriate support services in accordance with Chapter III of this Decree;

c) Within 2 working days from the date of rescuing the foreigner, the provincial-level Public Security office, competent agencies, units and persons in the People’s Public Security forces or the People’s Army shall check personal identification documents, entry, exit and residence in Vietnam of such person; take 6 photographs sized 4 cm x 6 cm; guide such person to make a declaration using the declaration form for foreigners subject to human trafficking in Viet Nam according to Form No. 04 provided in the Appendix to this Decree; take initial testimony to exploit and collect information and documents on organizations and individuals committing human trafficking acts, serving the verification, victim identification, investigation and handling in accordance with law; In cases involving children or persons incapable of making a declaration, the receiving officer shall record the content based on their testimony. For case where the person does not understand or speak Vietnamese, the provincial-level Public Security office, competent agencies, units and persons in the People’s Public Security forces or the People’s Army shall provide interpretation and record the contents based on the interpretation. The time limit for verification shall comply with Clause 3 Article 27 of the Law on Human Trafficking Prevention and Combat;

d) In case where, after verification, there are sufficient grounds to determine that the rescued person is a victim, within 2 working days, the provincial-level Public Security office, competent agencies, units and persons in the People’s Public Security forces or the People’s Army shall issue a certificate of victim status according to Form No. 05 provided in the Appendix to this Decree, send a written request to the Department of Health of the locality where the foreigner is rescued to provide support in accordance with regulations, and notify the provincial-level specialized agency in charge of foreign affairs and the provincial-level Public Security office to carry out procedures for repatriation to the country of which such person is a citizen or where they permanently reside in accordance with Point dd Clause 1 of this Article;

In case where, after verification, there are insufficient grounds to determine that the rescued person is a victim, within 2 working days, the competent agencies, units and persons in the People’s Public Security forces or the People’s Army shall send a written request together with the dossier (declaration form for foreigners subject to human trafficking in Viet Nam, 3 photographs and other documents, if any) to the Consular Department of the Ministry of Foreign Affairs;

Within 2 working days from the date of receipt of such written request from competent agencies, units and persons in the People’s Public Security forces or the People’s Army, the Consular Department of the Ministry of Foreign Affairs shall send a diplomatic note to the foreign representative mission in Vietnam of the country of which the person is a citizen or where such person permanently resides, enclosing information on the foreigner, 3 photographs and other documents, if any, requesting verification, receipt and repatriation of the foreigner, in accordance with Vietnamese laws and international practice;

dd) Within 2 working days from the date of receipt of the notification from the provincial-level Public Security office, competent agencies, units and persons in the People’s Public Security forces or the People’s Army, the Department of Health of the locality where the foreigner is rescued shall send a written notification to the provincial-level specialized agency in charge of foreign affairs and the provincial-level Public Security office to carry out procedures for repatriation to the country of which such person is a citizen or where he/she permanently resides;

e) Within 2 working days from the date of receipt of the notification from the Department of Health of the locality where the foreigner is rescued, the provincial-level specialized agency in charge of foreign affairs shall coordinate with the provincial-level Public Security office to examine the dossier of the foreigner determined to be a victim (declaration form for foreigners subject to human trafficking in Viet Nam, 3 photographs, certificate of victim status and other documents, if any) and send a written request together with the dossier to the Consular Department of the Ministry of Foreign Affairs;

g) Within 2 working days from the date of receipt of the dossier forwarded by the provincial-level specialized agency in charge of foreign affairs, the Consular Department of the Ministry of Foreign Affairs shall send a diplomatic note to the foreign representative mission in Vietnam of the country of which the victim is a citizen or where he/she permanently resides, enclosing the declaration form for foreigners subject to human trafficking in Viet Nam, 3 photographs, certificate of victim status and other documents (if any), requesting consular protection, verification and procedures for repatriation of the victim;

h) Upon receipt of a diplomatic note from the foreign representative mission in Vietnam agreeing to receive the victim, enclosed with valid exit and entry documents issued to the victim, within 3 working days, the Consular Department of the Ministry of Foreign Affairs shall reach agreement with the foreign side on the time, border gate and means of transport for repatriation of the victim; notify in writing and transfer the victim’s valid exit and entry documents to the Immigration Department of the Ministry of Public Security; 

i) Within 5 working days from the date of receipt of the written notification from the Consular Department of the Ministry of Foreign Affairs, the Immigration Department of the Ministry of Public Security shall issue visas and temporary residence certificates to the victim free of charge (with validity corresponding to the time required for repatriation); notify the repatriation plan to the provincial-level Public Security office, the Department of Health currently accommodating the victim, the border-gate Public Security office at the international airport or the Border Guard at the border gate where the victim will exit, the foreign representative mission in Vietnam, relevant international organizations, and concurrently send such notification to the Consular Department of the Ministry of Foreign Affairs for coordination in repatriation; transfer the victim’s exit and entry documents to the provincial-level Public Security office;

The Department of Health currently accommodating the victim, immediately upon receipt of the repatriation plan, shall direct the social relief establishment or victim support establishment to escort the victim to the border gate and coordinate with relevant agencies in carrying out the repatriation; 

At the border gate for repatriation, the provincial-level Public Security office where the victim is accommodated shall coordinate with the immigration control unit at the border gate where the victim will exit, the foreign representative mission in Vietnam of the country of which the victim is a citizen or where he/she permanently resides, and relevant international organizations to carry out exit procedures for the victim.

2. Receipt and verification of foreigners who come to report themselves as victims

a) Agency or organization that receives foreigners who come to report that they are victims of trafficking in Vietnam shall be responsible for immediately transferring such persons to competent agencies, units or persons in the People’s Public Security forces or the People’s Army where the receiving agency is headquartered for verification;

b) After receiving the foreigner transferred by agency or organization specified at Point a Clause 2 of this Article, competent agencies, units or persons in the People’s Public Security forces or the People’s Army shall provide first aid or emergency aid if such person suffers injuries or health damage, provide support for essential needs and interpretation in accordance with Chapter III of this Decree; within 2 working days, transfer such person to the Department of Health of the locality where the receiving agency is headquartered for support in accordance with regulations;

c) The Department of Health of the locality where the foreigner comes to report shall, based on their needs, provide support in accordance with Chapter III of this Decree; and notify the Department of Social Assistance under the Ministry of Health for coordination; Pending verification and identification of the victim, the provincial-level Department of Health of the locality where the foreigner comes to report shall transfer such person to a social relief establishment or a victim support establishment; Such establishments shall be responsible for receiving and providing appropriate support services in accordance with Chapter III of this Decree;

d) The verification, provision of support and repatriation of foreigners who come to report shall be carried out in accordance with Clause 1 of this Article.

Article 12. Protective measures

Persons specified in Article 34 of the Law on Human Trafficking Prevention and Combat shall be subject to one or more of the following protective measures when there are grounds to believe that they are at risk of having their life, health, honor, dignity, property or other lawful rights and interests infringed:

1. Arrangement of safe temporary shelter

a) Where there are grounds to believe that protected persons are at risk of threats to their life or health, competent agencies applying protective measures or competent persons issuing decisions on the application of protective measures as prescribed in Article 13 of this Decree shall arrange safe temporary shelter for them;

b) The temporary shelter shall ensure basic conditions regarding accommodation, food, medical care and confidentiality of information;

2. Implementation of measures to prevent and stop infringing acts

a) Protection of personal information, place of residence, workplace and place of study of protected persons;

b) Arrangement of protective forces at the places of residence, work, study and travel of protected persons;

c) Prompt detection of risks of threats or infringements upon the health and life of protected persons and application of protective measures; In case where conditions are insufficient to implement protective measures, a request shall be made to the Public Security forces or the People’s Army for support in applying protective measures;

3. Cases where protected persons refuse or fail to fully comply with protective measures

a) Where there are grounds to believe that the reason for refusing the application of protective measures is legitimate and the protected person provides a written commitment to take responsibility for their own safety, competent agencies shall not apply protective measures to such person;

b) Where a protected person refuses protective measures but the competent agency or person applying protective measures has grounds to believe that such refusal results from threats, coercion, inducement or compulsion, the competent agency or person shall continue to apply appropriate protective measures to ensure the safety of such person;

c) Where, after a decision on the application of protective measures has been issued, the protected person fails to comply with instructions or regulations of the competent agency or person applying protective measures, resulting in risks to safety, such protected person shall bear responsibility for the consequences arising.

4. The recording of reasons for refusal and decisions on continuation or adjustment of protective measures in the cases specified in Clause 3 of this Article shall be made in writing, bearing the signatures of the protected person and the person applying the protective measures, and shall be retained in the management dossier in accordance with regulations.

Article 13. Competence to apply protective measures

1. Competent agencies, units and persons in the People’s Public Security forces, the People’s Army and other competent agencies, units and persons shall be responsible for applying protective measures to victims, persons undergoing verification to be regarded as victims, accompanying under-18 persons, their relatives, and individuals participating in human trafficking prevention and combat or supporting victims, in accordance with law.

2. Competence to apply protective measures as follows:

a) Within the People’s Public Security forces: Heads and deputy heads of investigation police agencies in the People’s Public Security forces shall have the competence to issue decisions on the application of protective measures specified in Clauses 1, 2 and 3 Article 12 of this Decree to protected persons in cases or criminal cases handled by their agencies;

Chiefs of commune-level Public Security offices shall have the competence to issue decisions on the application of protective measures specified in Clauses 1, 2 and 3 Article 12 of this Decree to protected persons received by their agencies; and to request competent agencies or persons specified in this Article to apply protective measures to protected persons;

b) Within the People’s Army:

Heads and deputy heads of criminal investigation agencies in the People’s Army shall have the competence to issue decisions on the application of protective measures specified in Clauses 1, 2 and 3 Article 12 of this Decree to protected persons in cases or criminal cases handled by their agencies;

Directors of the Department of Drug Crime Prevention and Control; commanders of drug and crime prevention and combat task force regiments; chief commanders of border guard commands; commanders of provincial or municipal Military Commands; chiefs of border-guard fleets; chiefs of port border-gate guards, and chiefs of border-guard stations under the Border Guard shall have the competence to issue decisions on the application of protective measures specified in Clauses 1, 2 and 3 Article 12 of this Decree to protected persons in cases or criminal cases handled by their agencies;

Directors of the Professional and Legal Department; Commanders of Coast Guard Regional Commands; heads of crime prevention divisions; heads of drug crime prevention and combat task force units; Captains of coast guard flotillas, captains of coast guard fleets; and Heads of professional operation squads of the Marine Police shall have the competence to issue decisions on the application of protective measures specified in Clauses 1, 2 and 3 Article 12 of this Decree to protected persons in cases or criminal cases handled by their agencies;

Where the heads/directors/captains/chiefs/commanders (hereinafter referred to as the head) specified at this Point are absent, a deputy may be authorized to exercise the powers of the head and shall be responsible to the head for the assigned duties;

c) Other competent agencies, units and persons: Chairpersons of commune-level People’s Committees, Directors of social relief establishments, Directors of victim support establishments, and Directors of Departments of Health shall have the competence to decide on the application of protective measures specified in Clauses 1, 2 and 3 Article 12 of this Decree to protected persons received by their agencies; and to request competent agencies or persons specified in this Article to apply protective measures to protected persons;

Heads of overseas Vietnamese representative missions shall have the competence to decide on the application of protective measures specified in Clauses 1, 2 and 3 Article 12 of this Decree to protected persons received by their agencies within their competence.

3. Where the place of residence of a protected person is not within the jurisdiction of the agency competent to apply protective measures, the person issuing the decision on protection shall entrust the implementation of protective measures to an equivalent-level agency within the locality where the protected person resides. The entrusted agency shall be responsible for implementing protective measures in accordance with the entrustment of the competent agency applying protective measures to the protected person.

4. The application of protective measures must be made in writing, clearly stating the reasons, forms, scope, duration of protection, the person responsible for organizing implementation, and shall be sent to relevant agencies and units for coordination.

Article 14. Responsibilities for organizing the implementation of protective measures

The person competent to issue decisions on the application of protective measures shall be responsible for organizing the implementation of such measures and shall have the following duties and powers:

1. Application of protective measures where there are grounds to believe that the protected person is being harmed, threatened with harm, or at risk of harm to life, health, honor, dignity, property, or other lawful rights and interests.

2. Selection of one or more protective measures within the competence specified in Article 13 of this Decree.

3. Requiring the protected person to comply with regulations to ensure their safety during the protection period.

4. Requesting local authorities, agencies, organizations and individuals to coordinate in the application of protective measures.

5. Ensuring confidentiality of the protection of the protected person.

6. Establishing, managing, storing and using protection files in accordance with regulations.

Article 15. Application of protective measures

1. Organizations and individuals requesting the application of protective measures must submit a written request to the competent agency specified in Article 13 of this Decree. In emergency cases, requests may be made directly, by telephone, or through other means of communication, but must subsequently be made in writing. 

A written request for the application of protective measures must clearly state the time and place of preparation; full name, date of birth, place of origin, occupation and place of residence of the person making the request; the person for whom protection is requested; full name, date of birth, place of origin, occupation and place of residence of the person requested to be protected (if the request is made on behalf of another person); the reasons for requesting protective measures and other relevant contents.

2. Within 5 working days from the date of receipt of the written request for the application of protective measures, the competent agency receiving the request shall consider and determine the necessity of applying protective measures. Where there are grounds to determine that the protected person is being harmed or threatened with harm to life, health, honor, dignity, property, and that protective measures are necessary, a decision on the application of protective measures shall be issued. Where it is deemed unnecessary to apply protective measures, a written response stating the reasons shall be provided to the requesting organization or individual.

3. During the handling of a case, if there are grounds to determine that the protected person is being harmed, threatened with harm, or at risk of harm to life, health, honor, dignity, property, or other lawful rights and interests, and that protective measures are necessary, the competent person specified in this Decree shall issue a decision on the application of protective measures within their competence or request a competent agency to apply such measures.

4. A decision on the application of protective measures must clearly state the time and place of issuance; the name of the competent agency responsible for protection; the full name and position of the decision-maker; the full name, date of birth, place of origin, occupation and place of residence of the protected person; the protective measures to be applied; the commencement time of the protective measures; and other contents related to protection.

5. Where the protected person is being harmed to life or health, or in other cases requiring immediate implementation of protective measures, the competent person may mobilize forces and means for protection or arrange a safe temporary shelter to ensure the safety of the protected person before issuing a decision on the application of protective measures.

6. During the protection period, if there arises a need to apply additional protective measures, within 3 working days, the competent person shall issue a decision supplementing the decision on the application of protective measures.

7. Where the protected person is no longer being harmed, threatened with harm, or at risk of harm, within s3 working days, the competent person shall issue a decision terminating the application of protective measures. The decision terminating the application of protective measures must clearly state the reasons for such termination.

8. Decisions on the application of protective measures, decisions supplementing such decisions, and decisions terminating protective measures shall be sent to the protected person, the agency requesting the application of protective measures, and relevant agencies and units.

Article 16. Dossier for application of protective measures

A dossier for application of protective measures comprises:

1. Written request for protection.

2. Personal background of the protected person. 

3. Documents evidencing that the protected person has been harmed or is at risk of harm to life, health, honor, dignity or property.

4. Decision on application of protective measures. 

5. Decision supplementing the application of protective measures (if any).

6. Protective measures applied and results of implementation.

7. Decision on termination of protective measures. 

8. Other documents and materials related to protection.

Chapter III 

ELIGIBLE PERSONS, SUPPORT REGIMES AND PROCEDURES

Article 17. Support for essential needs

1. Persons eligible for support: 

a) Victims being Vietnamese citizens and stateless persons permanently residing in Vietnam, and accompanying persons under 18 years of age;

b) Persons undergoing verification to be regarded as victim who are Vietnamese citizens and stateless persons permanently residing in Vietnam, and accompanying persons under 18 years of age;

c) Victims and persons undergoing verification to be regarded as victim who are foreigners subject to human trafficking in Viet Nam. 

2. Support regimes:

a) Arrangement of temporary accommodation;

b) Provision of meal allowances during the period of temporary stay; 

c) Provision of daily living items: blankets, mosquito nets, mats, summer clothing, winter clothing, underwear, towels, shoes, sandals, toothbrushes, common medicines, monthly personal hygiene items (for females), books, notebooks and learning supplies for persons attending school, and other essential items on the basis of actual conditions and characteristics of belief, religion, age, gender, health condition and personal characteristics of victims, persons undergoing verification to be regarded as victim, and accompanying persons under 18 years of age, in accordance with regulations.

3. Agencies responsible for support:

Overseas Vietnamese representative missions, Public Security agencies, Border Guards, Coast Guard, commune-level People’s Committees, social relief establishments, and victim support establishments shall provide support for essential needs as specified in Clause 2 of this Article. The duration of temporary accommodation and support for essential needs shall not exceed 4 months (120 days). In case where, after 120 days, the place of residence of such persons has not yet been identified, or where the place of residence has been identified but they have no relatives or no accommodation, the Director of the social relief establishment or victim support establishment shall report to the Department of Health for consideration and decision on provision of support in accordance with the law on social assistance policies applicable to social protection beneficiaries.

Where Public Security agencies, Border Guards, Coast Guard, or commune-level People’s Committees are unable to arrange accommodation and meals for the persons specified in Clause 1 of this Article, after receipt or rescue and during the process of verification and identification of victims, they shall promptly transfer such persons to social relief establishments or victim support establishments for provision of support in accordance with regulations.

Article 18. Health care support

1. Persons eligible for support:

Cases prescribed in Clause 1 Article 17 of this Decree.

2. Support regimes:

a) Provision of first aid and emergency care in cases of injury or health impairment;

b) Provision of medical examination to determine health status;

c) During the period of stay at social relief establishments or victim support establishments, where illness occurs, provision of support for the cost of common medicines based on actual expenses incurred. If the victims are seriously ill and must be transferred to a medical establishment for treatment, they or their families shall themselves pay medical examination and treatment expenses. For victims of poor households, households living just above the poverty line or policy- benefiting families under the Ordinance on Preferential Treatment for Persons with Meritorious Services to the Revolution, and juvenile victims, social relief establishments and victim support establishments shall support medical examination and treatment expenses at the level equal to that covered by the medical insurance fund for these eligible groups. For victims without relatives, victim support establishments shall support medical examination and treatment expenses at the level equal to that covered by the medical insurance fund for members of poor households;

d) During the period of stay at receiving or rescue units, social relief establishments or victim support establishments, where victims, persons undergoing verification to be regarded as victim, or accompanying persons under 18 years of age die, the following shall apply:

For cases within the country: After 24 hours from the conclusion of the competent agency, if relatives fail to arrive in time or are unable to arrange burial, the receiving or rescue unit, social relief establishment or victim support establishment shall be responsible for organizing burial. Costs of forensic examination and burial shall be applied in accordance with the levels applicable to persons cared for and nurtured at social relief establishments;

For cases abroad: Overseas Vietnamese representative missions shall send a written notice to the Consular Department under the Ministry of Foreign Affairs for notification to the competent provincial-level agency where the person resides, for coordination with relatives in handling funeral arrangements; consideration and support for burial/cremation expenses or costs of transportation of remains/ashes back to the country;

dd) Vietnamese victims of trafficking who do not yet have health insurance shall be supported with payment of health insurance premiums for the first year from the time they are issued a certificate of victim status by a competent agency, in accordance with the law on health insurance.

3. Agencies responsible for support:

a) Public Security agencies, Border Guards, Coast Guard, overseas Vietnamese representative missions, commune-level People’s Committees, and Departments of Health shall provide health care support as specified at Points a and d Clause 2 of this Article;

b) Social relief establishments and victim support establishments shall provide health care support as specified at Points a, b, c and d Clause 2 of this Article;

c) Commune-level People’s Committees shall compile lists of subjects specified at Point dd Clause 2 of this Article and provide support in payment of health insurance premiums for the first year for such persons in accordance with the law on health insurance.

Article 19. Interpretation support

1. Persons eligible for support:

Cases prescribed in Clause 1 Article 17 of this Decree.

2. Support regimes:

a) Persons undergoing verification to be regarded as victim and accompanying persons under 18 years of age who are foreigners, ethnic minorities, persons with hearing disabilities, or persons with speech disabilities who do not know or understand Vietnamese shall be provided with interpretation support during the process of verification as victims;

b) Victims and accompanying persons under 18 years of age who are foreigners, ethnic minorities, persons with hearing disabilities, or persons with speech disabilities who do not know or understand Vietnamese shall be provided with interpretation support during their stay at social relief establishments or victim support establishments.

3. Agencies responsible for support:

a) Public Security agencies, Border Guards, Coast Guard, overseas Vietnamese representative missions, and Departments of Health shall hire interpreters supporting subjects specified at Point a Clause 2 of this Article;

b) Social relief establishments and victim support establishments shall hire interpreters supporting subjects specified at Point b Clause 2 of this Article.

Article 20. Legal support

1. Eligible persons:

a) Victims being Vietnamese citizens and stateless persons permanently residing in Vietnam, and accompanying persons under 18 years of age;

b) Persons undergoing verification to be regarded as victim who are Vietnamese citizens and stateless persons permanently residing in Vietnam, and accompanying persons under 18 years of age;

c) Victims and persons undergoing verification to be regarded as victim who are foreigners subject to human trafficking in Viet Nam.

2. Support regimes:

a) Subjects specified at Points a and b Clause 1 of this Article shall be provided with information on the rights and obligations of victims and persons undergoing verification to be regarded as victim; guidance on measures for human trafficking prevention and combat activities, safe migration practices, and safe employment to prevent re-trafficking; procedures for requesting legal aid; regulations on support regimes and reintegration services; and counseling on procedures for residence registration, civil status registration, issuance of identity cards, and receipt of support entitlements for victims and persons undergoing verification to be regarded as victim;

b) Subjects specified at Point c Clause 1 of this Article: based on the needs of such subjects and actual conditions, commune-level People’s Committees shall provide information on the rights and obligations of victims and persons undergoing verification to be regarded as victim; guidance on measures for human trafficking prevention and combat activities and safe migration practices; Vietnam's support policies; and guidance and referral to competent agencies for support in carrying out repatriation procedures.

3. Agencies responsible for support:

a) Commune-level People’s Committees;

b) Overseas Vietnamese representative missions.

Article 21. Legal aid

1. Eligible persons:

a) Victims being Vietnamese citizens and stateless persons permanently residing in Vietnam, and accompanying persons under 18 years of age;

b) Persons undergoing verification to be regarded as victim who are Vietnamese citizens and stateless persons permanently residing in Vietnam, and accompanying persons under 18 years of age in the country;

c) Victims and persons undergoing verification to be regarded as victim who are foreigners subject to human trafficking in Viet Nam.

2. Regimes:

a) Provision of legal aid in matters related to human trafficking cases or proceedings through forms of legal counseling; participation in proceedings; representation outside proceedings; and other forms of legal aid to protect the lawful rights and interests of assisted persons in accordance with the law on legal aid.

b) Legal aid for the subjects specified at Point c Clause 1 of this Article shall be provided based on the needs, actual conditions of such subjects, and the duration of their stay in Vietnam.

3. Responsible agencies:

State legal aid centers and organizations participating in legal aid shall be responsible for providing legal aid. The order and procedures for legal aid shall be implemented in accordance with the law on legal aid.

Article 22. Travel expense support

1. Persons eligible for support:

a) Victims being Vietnamese citizens and stateless persons permanently residing in Vietnam, and accompanying persons under 18 years of age;

b) Persons undergoing verification to be regarded as victim who are Vietnamese citizens and stateless persons permanently residing in Vietnam, and accompanying persons under 18 years of age in the country.

2. Support regimes:

a) Provision of support for domestic transportation expenses and meal allowances during travel in the course of returning to their place of residence, based on fares of public means of transportation;

b) Victims and persons undergoing verification to be regarded as victims who are children shall be arranged for escort to the place of residence of their relatives; in case where they have no place of reliance or where there are grounds to believe that they may be exposed to danger when returned to the place of residence of their relatives as specified at Point c of this Clause, they shall be transferred to a social relief establishment or a victim support establishment;

c) Grounds for determining that victims or persons undergoing verification to be regarded as victims who are children may be exposed to danger include: results of interviews indicating that the child shows signs of fear or does not wish to return to the place of residence of relatives; the child is at risk of retaliation, exploitation, or coercion into illegal activities; evidence showing that relatives are perpetrators of child trafficking, have committed acts of violence, abuse, exploitation, abandonment, or are incapable of care, nurturing and protection of the child; information indicating that the living and family environment is unsafe for the child, with a risk of continued trafficking; reports of agencies or organizations indicating that the child needs to be protected at a social relief establishment or a victim support establishment instead of returning to relatives. The agency responsible for support shall conduct interviews with the child and collect necessary information in order to assess and make decisions in the best interests of the child.

3. Agencies and procedures for implementation of support:

a) Public Security agencies, Border Guards, Coast Guard, and commune-level People’s Committees:

Within 2 working days from the time of receipt, rescue, and provision of support to the subjects specified in Clause 1 of this Article, where such subjects have the need to return to their locality or to be admitted to a social relief establishment or a victim support establishment, Public Security agencies, Border Guards, Coast Guard, or commune-level People’s Committees shall send a written request to the Department of Health of the locality where the receiving or rescue agency is headquartered to request support for travel expenses for such subjects.

b) Social relief establishments and victim support establishments:

After receiving and providing support to the subjects specified in Clause 1 of this Article, where such subjects wish to return to their locality, within 2 working days, the social relief establishment or victim support establishment shall report to the Department of Health for implementation of travel expense support;

c) After receipt of the request or report from the agencies specified at Points a and b of this Clause, within 2 working days, the Department of Health shall consider and decide on the provision of travel expense support.

Article 23. Psychological support

1. Persons eligible for support:

a) Victims being Vietnamese citizens and stateless persons permanently residing in Vietnam, and accompanying persons under 18 years of age;

b) Persons undergoing verification to be regarded as victim who are Vietnamese citizens and stateless persons permanently residing in Vietnam, and accompanying persons under 18 years of age in the country;

c) Victims and persons undergoing verification to be regarded as victim who are foreigners subject to human trafficking in Viet Nam.

2. Support regimes:

a) Provision of individual counseling and group counseling to stabilize psychological condition;

b) Provision of treatment to stabilize psychological condition through psychotherapy, alternative therapies, and combined use of medication (if necessary) for a period not exceeding 3 months (90 days).

3. Agencies responsible for support:

a) Departments of Health;

b) Social relief establishments and victim support establishments.

4. The Ministry of Health shall provide guidance on the content and methods of psychological support for victims, persons undergoing verification to be regarded as victims, and accompanying persons under 18 years of age.

Article 24. Schooling, vocational training and initial hardship allowance support

1. Persons eligible for support:

Victims being Vietnamese citizens and stateless persons permanently residing in Vietnam, and accompanying persons under 18 years of age.

2. Support regimes:

a) Victims specified in Clause 1 of this Article who are under 18 years of age and accompanying persons under 18 years of age, during their stay at social relief establishments or victim support establishments, shall, if having demand, be provided with schooling support;

b) Victims specified in Clause 1 of this Article who are under 18 years of age and accompanying persons under 18 years of age returning to the community, if continuing their education, shall be exempted from tuition fees and provided with support for the purchase of textbooks and learning materials in accordance with the educational program for the first academic year and the subsequent academic year in accordance with the Government’s regulations on the mechanism for collection and management of tuition fees applicable to educational institutions within the national education system and policies on exemption and reduction of tuition fees and support for learning costs;

c) Victims who are Vietnamese citizens and stateless persons permanently residing in Vietnam, upon returning to their place of residence, shall be provided with a one-time initial hardship allowance equal to one time the region-based minimum wage level as prescribed by the Government at the time of issuance of the certificate of victim status by the competent agency;

d) Victims who are Vietnamese citizens and stateless persons permanently residing in Vietnam, upon returning to their place of residence, if having demand for vocational training, shall be arranged for vocational training or provided with a one-time support for vocational training costs. The level of support shall be based on the corresponding short-term vocational training costs at local vocational training institutions but shall not exceed the maximum level prescribed by the Ministry of Finance on the management and use of funds for support of elementary-level training and training of less than 3 months.

3. Agencies responsible for support:

a) Social relief establishments and victim support establishments shall provide support as specified at Point a Clause 2 of this Article;

b) Departments of Health shall provide support as prescribed at Points b, c and d Clause 2 of this Article.

4. Procedures for provision of schooling, vocational training, and initial hardship allowance support

a) Dossier for request for schooling, vocational training, and initial hardship allowance support:

Application for schooling support of the family of a victim under 18 years of age or the family of an accompanying person under 18 years of age; application for vocational training support and initial hardship allowance of the victim or his/her family (in case under 18 years of age) in accordance with Form No. 07 provided in the Appendix to this Decree.

b) Order and time limit for settlement:

The victim or his/her family shall submit the application as prescribed at Point a Clause 4 of this Article to the commune-level People’s Committee of the place of residence;

Within 3 working days from the date of receipt of the application of the victim or his/her family, the Chairperson of commune-level People’s Committee shall prepare a dossier and submit it to the specialized agency under the Department of Health;

Within 3 working days from the date of receipt of a complete dossier proposed by the commune-level People’s Committee, the specialized agency under the Department of Health shall appraise and submit to the Director of the Department of Health for consideration and decision (for cases of schooling support, the specialized agency under the Department of Health shall assume the prime responsibility for, and coordinate with the specialized agency under the Department of Education and Training in, reaching agreement before submission to the Director of the Department of Health);

Within 3 working days from the date of receipt of the submission of the specialized agency under the Department of Health, the Director of the Department of Health shall consider and decide on the provision of schooling, vocational training, and initial hardship allowance support.

Article 25. Loan support; counseling and job placement facilitation

1. Persons eligible for support:

Victims being Vietnamese citizens and stateless persons permanently residing in Vietnam.

2. Support regimes:

a) Victims shall be provided with counseling, job referral and free provision of labor market information; and shall be facilitated to participate in public employment policies;

b) Victims who are Vietnamese citizens, upon returning to their place of residence, if having demand for loans for production and business activities, shall be considered for loan support from preferential credit programs at the Vietnam Bank for Social Policies in accordance with law.

3. Responsible agencies:

a) Departments of Health shall assume the prime responsibility for, and coordinate with employment service centers and enterprises providing employment services in, providing support as prescribed at Point a Clause 2 of this Article;

b) The Vietnam Bank for Social Policies shall provide loans in accordance with law.

Loan term, loan amount, lending interest rate, lending methods, loan dossiers and procedures shall comply with the law and regulations of the Vietnam Bank for Social Policies.

Chapter IV

VICTIM SUPPORT ESTABLISHMENTS AND OTHER SOCIAL RELIEF ESTABLISHMENTS PROVIDING VICTIM SUPPORT

Section 1

CONDITIONS FOR ESTABLISHMENT, OPERATION, ORGANIZATIONAL STRUCTURE AND FUNCTIONS AND TASKS OF VICTIM SUPPORT ESTABLISHMENTS

Article 26. Conditions for establishment and operation

1. Physical foundations:

a) Location: having a clear and lawful address, conforming to planning, ensuring safety; permitted to be located at residential houses, leased or borrowed premises, ensuring the health of victims, persons undergoing verification to be regarded as victim, and persons under 18 years of age accompanying them;

b) Usable area: minimum accommodation area of 10 m²/person; arrangement of common living space, sanitary areas, and reception areas, flexibly according to capacity;

c) Minimum equipment: having beds or separate sleeping places, personal living utensils; having lighting systems, fans or air conditioners, ensuring hygiene and ventilation;

d) Safety requirements: ensuring safety in electricity and water use, fire and explosion prevention and fighting; having internal rules and simple, easy-to-understand evacuation diagrams.

2. Personnel:

a) Establishment manager (mandatory): having full civil act capacity; having at least a college degree, with priority given to majors in sociology, psychology, law, health, or education; having at least 1 year of working experience in social work, victim support, or volunteer activities; having skills in management, personnel coordination and community engagement;

b) Direct support personnel (at least 1 person or concurrent position): having skills in communication, care and basic psychological support for victims; may be concurrent personnel, volunteers, or part-time staff;

c) On-duty or permanent personnel (if the establishment provides accommodation):

Having at least 1 person on duty at the establishment during administrative working hours (may be rotated or part-time);

In case the establishment accommodates overnight residents, arranging night-duty personnel (may work in shifts, without requiring advanced professional qualifications);

d) Methods for meeting personnel conditions:

For personnel performing medical, psychological or social work tasks, fixed-term contracts may be entered into with experts or volunteers based on practical needs; encouraging establishments to develop plans for linkage and coordination with competent agencies in legal, medical, psychological and social work fields at the local level;

Encouraging connection with volunteer networks and social groups to supplement human resources and support establishments in registering for short-term skills training and free training programs provided by the State or international organizations.

Article 27. Organizational structure of victim support establishments

1. A victim support establishment must have a manager responsible for organizing, operating and coordinating the activities of the establishment.

2. Depending on the scale and nature of operations, the establishment shall arrange professional sections such as: reception and victim support; administration - finance; counseling - therapy; however, the establishment of separate sections is not required.

3. The establishment is permitted to employ flexible personnel arrangements such as: full-time staff, part-time staff, collaborators and volunteers to carry out professional activities.

Article 28. Tasks of victim support establishments

1. Reception, arrangement of accommodation; establishment of management dossiers

a) Receiving trafficked victims transferred by victim-receiving agencies or self-reporting;

b) Arranging safe and appropriate accommodation based on gender, age and health condition;

c) Establishing individual management dossiers for each victim during the period of stay, including basic personal information, health and psychological condition, support needs, records of meetings and contacts, and records of support provided.

2. Implementation of support regimes, including: Support for essential needs: food, accommodation, clothing and personal living; medical support: examination and treatment, counseling on physical and mental health care; psychological support: psychological therapy, counseling for mental recovery for traumatized victims; support for vocational training and employment: referral to vocational training, liaison with enterprises, referral to suitable employment; support for schooling (if necessary), especially for children and persons who have not completed general education programs.

3. Provision of life skills education; organization of programs on life skills, self-protection skills, communication and conduct, emotional management, adaptation and social reintegration through methods such as direct instruction, individual counseling, group activities and extracurricular activities.

4. Assessment of community reintegration capacity; provision of support information, assessment of psychological and physical conditions, educational level and family circumstances to determine the capacity for social reintegration of each victim; formulation of post-exit support plans, including: safe residence, vocational training, job placement, financial support (if necessary). Provision of information on policies and support regimes of the State and local authorities in the community where the victim will reside.

5. Provision of information to competent agencies for the purpose of human trafficking prevention and combat activities. Coordination in providing information on acts, perpetrators, networks and locations of trafficking known to the victim. Recording information in dossiers, ensuring confidentiality and respect for the victim’s privacy. No coercion of victims to provide statements; information shall be provided only with their consent.

6. Coordination with relevant agencies in victim verification; verification of identity, nationality, family circumstances and authenticity of information provided by victims. Support for victims in obtaining identification documents and restoring household registration if lost.

7. Coordination with legal aid centers to provide legal aid; referral of victims to state legal aid centers for consultation on legal rights, assistance in preparing applications, initiating lawsuits, claiming compensation and guidance on relevant legal procedures. In cases where victims face language or psychological difficulties, provision of translation, interpretation or legal accompaniment support.

Article 29. Powers and responsibilities of victim support establishments

1. Powers:

a) To organize activities providing services to victims, persons undergoing verification to be regarded as victim, and persons under 18 years of age accompanying them who have demand, in accordance with regulations;

b) To propose the application of appropriate protective measures to ensure safety for victims at victim support establishment and upon their return to the community; to provide guidance on the rights and obligations of victims;

c) To refuse requests for provision of support services to subjects where such requests are not consistent with the functions and tasks of the establishment as stated in the establishment license, except where there is a decision of a competent agency or person;

d) To recruit employees to work at the establishment. The recruitment and employment of employees shall comply with the labor law;

dd) To mobilize domestic and foreign funding sources to carry out victim support activities.

2. Responsibilities:

a) To operate in accordance with the contents and scope of operation specified in the establishment license;

b) To notify the victim support establishment's operation:

a) Within 30 working days after obtaining an establishment license, a victim support establishment shall publish in 5 consecutive issues of a local or central newspaper information on its name, address, fields of operation, bank account, full name of the head, and telephone number;

At a victim support establishment’s head office there must be a board indicating its name, telephone number and address. When a foreign language is used, the font size of foreign language letters must be smaller than and written below the Vietnamese letters. The victim support establishment shall post up at its head office a plan of its working divisions together with a certified copy of its establishment license;

To submit periodic reports on a quarterly, 6-month, and annual basis on the results of victim support activities to the Department of Health, and ad hoc reports upon request.

Article 30. Principles of organization and operation of victim support establishments

1. The victim support establishments shall be founded and organized on the principles of voluntariness and self-financing, and having a financial plan to ensure the maintenance of the establishment’s activities; operate not for profit purposes and take responsibility before law.

2. To mobilize funding from other lawful funding sources in accordance with the law.

3. The victim support establishments may provide only victim support services stated in their establishment licenses and shall comply with the law and professional guidance on victim support of the Ministry of Labor, Invalids and Social Affairs.

4. Standards for evaluation of the quality of victim support services shall be implemented in accordance with the guidance of the Ministry of Health.

Section 2

GRANT, RE-GRANT, MODIFICATION OR REVOCATION OF ESTABLISHMENT LICENSES OF VICTIM SUPPORT ESTABLISHMENTS

Article 31. Competence to grant, re-grant, modify or revoke establishment licenses of victim support establishments

Chairperson of the provincial-level People’s Committee where the victim support establishment is headquartered shall have the competence to grant, re-grant, modify, and revoke the establishment license of the victim support establishment (hereinafter referred to as the establishment license).

Article 32. Application dossier for grant of the establishment license

1. A written request for grant of an establishment license, made according to Form No. 08 in the Appendix to this Decree.

2. Establishment scheme made according Form No. 09 provided in the Appendix to this Decree, clearly stating: name, type of establishment (center, temporary shelter, counseling point); objectives, scale, scope of operation; specific location of operation (clearly stating lease/borrow), duration of use; personnel plan, victim support services expected to be provided; financial plan and resource mobilization.

3. Curriculum vitae of the manager of the establishment, made according to Form No. 10 provided in the Appendix to this Decree.

4. One of the documents evidencing the lawful right to use the location, including lease or borrowing contract for the location with a minimum term appropriate to the proposed licensing period; certificate of land use rights/ownership of construction works of the lessor/lender.

5. Diplomas and certificates evidencing the professional qualifications of the personnel expected to work at the victim support establishment.

Documents specified in this Article are originals, certified copies, or electronic copies.

Article 33. Procedures for receipt, appraisal, and grant of the establishment license

1. Receipt and processing of application dossiers:

a) Vietnamese organizations and individuals requesting grant of the establishment license shall submit one dossier set in accordance with Article 32 of this Decree to the Department of Health where the head office is located;

b) The Department of Health shall be responsible for receipt and processing of the dossier. In case the dossier components are incomplete as required, within 3 working days from the date of receipt of the dossier, the Department of Health shall notify in writing the organization or individual for completion of the dossier;

c) Within 7 working days from the date of receipt of a complete and valid dossier, the Department of Health shall review and appraise the validity of the dossier and submit it to the Chairperson of the provincial-level People’s Committee for consideration and decision on the grant of the establishment license;

d) Contents of appraisal: legal dossier; physical facilities and personnel in accordance with Article 26 of this Decree.

2. Grant of the establishment license

Within 3 working days from the date of receipt of the written proposal of the Department of Health, the Chairperson of the provincial-level People’s Committee shall decide on the grant of the establishment license of the victim support establishment in accordance with Form No. 11 provided in the Appendix to this Decree. In case of refusal to grant the establishment license, the Chairperson of the provincial-level People’s Committee shall respond in writing and clearly state the reasons.

Article 34. Re-grant or modification of establishment licenses

1. Conditions for re-grant or modification of the establishment license:

a) In cases of re-grant:

The establishment license is lost, damaged, or destroyed due to fire or natural disaster;

b) In cases of modification:

Change of the manager of the establishment;

Relocation of the head office;

Change of the name, operation scope and support services.

2. An application dossier for modification of an establishment license comprises:

a) Application for re-grant, or modification of the establishment license of the victim support establishment in accordance with Form No. 08 provided in the Appendix to this Decree;

b) Curriculum vitae of the manager of the victim support establishment in accordance with Form No. 10 provided in the Appendix to this Decree and diplomas and certificates evidencing professional qualifications, in case of request for modification of the establishment license due to change of the manager of the establishment;

c) Lawful documents evidencing land use rights, ownership of residential houses or assets attached to land for the operation of the victim support establishment, in case of change of the location of the head office;

d) Diplomas and certificates evidencing professional qualifications of the personnel expected to work at the establishment, in case of change of scope of operation or support services.

Documents specified in this Clause are originals, certified copies, or electronic copies.

3. Order and procedures:

a) Organizations and individuals requesting re-grant of the establishment license of the victim support establishment shall submit one dossier set in accordance with Point a Clause 2 of this Article to the Department of Health where the establishment is headquartered;

b) Organizations and individuals requesting modification of the establishment license, depending on the cases specified at Point b Clause 1 of this Article, shall submit one dossier set in accordance with the corresponding provisions in Clause 2 of this Article to the Department of Health;

c) Within 4 working days, the Department of Health shall consider the contents of the request for re-grant or modification of the establishment license and compare with the original dossier; complete the dossier and submit it to the Chairperson of the provincial-level People’s Committee for re-grant, or modification of the establishment license;

d) Within 3 working days from the date of receipt of the written request of the Department of Health, the Chairperson of the provincial-level People’s Committee shall decide on the re-grant of the establishment license in accordance with Form No. 11 provided in the Appendix to this Decree or decide on the modification of the establishment license in accordance with Form No. 12 provided in the Appendix to this Decree. In case of refusal, the Chairperson of the provincial-level People’s Committee shall respond in writing and clearly state the reasons.

Article 35. Suspension from operation or revocation of establishment licenses

1. The Chairperson of provincial-level People’s Committee shall suspend the operation of victim support establishments in the following cases:

a) Failing to satisfy the operation conditions specified in Article 26 of this Decree or comply with regulations or the professional guidance on victim support work of the Ministry of Health;

b) Failing to perform the responsibilities as defined in Clause 2 Article 29 of this Decree.

2. The Chairman of provincial-level People’s Committee shall revoke an establishment license when:

a) The victim support establishment fails to operate within 12 months after obtaining an establishment license, or has ceased operation for 6 consecutive months without notifying such to the provincial-level Department of Health;

b) There are signs or grounds to believe that the establishment takes advantage of victim support activities to commit acts of human trafficking; exploitation, forced labor or other illegal activities; the establishment of the victim support establishment causes harm to national defense, national security, social order and safety;

c) The victim support establishment fails to submit periodic reports in accordance with the regulations of the Ministry of Health on its operation; fails to submit reports within 60 days from the date of written request from inspection or examination agencies;

d) The victim support establishment violates regulations on the grant, re-grant or modification of establishment licenses under Section 2 Chapter IV of this Decree;

dd) Past the time limit for operation suspension, the victim support establishment fails to comply with requirements of examination or inspection agencies.

3. Within 3 working days from the date the competent agency prepares a record in accordance with Form No. 13 provided in the Appendix to this Decree regarding violations of the victim support establishment as prescribed in Clauses 1 and 2 of this Article, the Director of the Department of Health shall submit to the Chairperson of the provincial-level People’s Committee for decision on suspension of operation or revocation of the establishment license of the victim support establishment.

4. Within 2 working days from the date of receipt of the submission dossier from the Director of the Department of Health, the Chairperson of the provincial-level People’s Committee shall consider and decide on suspension of operation of the victim support establishment in accordance with Form No. 14 provided in the Appendix to this Decree or revocation of the establishment license of the victim support establishment in accordance with Form No. 15 provided in the Appendix to this Decree.

Article 36. Termination of operation of victim support establishments

1. A victim support establishment shall terminate its operation at the request of the organization or individual that established it.

2. Application dossier for termination of operation comprises:

a) Application for termination of operation of the establishment in accordance with Form No. 16 provided in the Appendix to this Decree;

b) Settlement plan for victims, persons undergoing verification to be regarded as victims, persons under 18 years of age accompanying them; employees; and other persons having related rights, obligations, and interests upon termination of operation of the victim support establishment in accordance with Form No. 17 provided in the Appendix to this Decree.

3. Order and procedures for termination of operation of the establishment:

a) The organization or individual requesting termination of operation shall submit one dossier set in accordance with Clause 2 of this Article to the Department of Health where the establishment is headquartered;

b) Within 4 working days from the date of receipt of the dossier requesting termination of operation, the Department of Health shall consider the settlement plan for victims, persons undergoing verification to be regarded as victims, persons under 18 years of age accompanying them, employees of the establishment, and other persons having related rights, obligations, and interests of the victim support establishment, and shall submit a written request to the Chairperson of the provincial-level People’s Committee for decision on termination of operation of the victim support establishment;

c) Within 3 working days from the date of receipt of the written request of the Director of the Department of Health, the Chairperson of the provincial-level People’s Committee shall decide on termination of operation in accordance with Form No. 18 provided in the Appendix to this Decree;

d) In case of disputes between the victim support establishment and related parties, the Director of the Department of Health shall notify the victim support establishment and transfer the dossier to the competent agency for settlement in accordance with law;

dd) After the Chairperson of the provincial-level People’s Committee issues a decision on termination of operation, the Department of Health shall announce the termination of operation of the establishment for the cases specified in this Article and the case of revocation of the establishment license as prescribed in Clause 4 Article 35 of this Decree, clearly stating the time of termination of operation of the victim support establishment.

Article 37. Method of implementation

1. Procedures for grant, re-grant and modification of the establishment license of victim support establishments; termination of operation of victim support establishments; grant and re-grant of licenses for victim support activities for other social relief establishments; and procedures for schooling, vocational training, and initial hardship allowance support shall be carried out by direct submission, submission via postal service, or submission through electronic means.

2. In case where dossiers are submitted through electronic means, the organizations and individuals submitting the dossiers shall retain all original documents and shall be responsible before law for the accuracy and truthfulness of the dossiers.

Section 3

GRANT, RE-GRANT, MODIFICATION, AND REVOCATION OF LICENSES FOR VICTIM SUPPORT ACTIVITIES FOR OTHER SOCIAL RELIEF ESTABLISHMENTS

Article 38. Conditions for grant of a license for victim support activities

1. Other social relief establishments must be established by Vietnamese organizations or individuals, not use the state budget, and have legal person status in accordance with law.

2. For establishments registering to provide accommodation services, they must meet the conditions prescribed in Article 26 of this Decree.

3. For establishments registering to provide psychological counseling services, they must meet the conditions prescribed at Point b Clause 2 Article 26 of this Decree.

Article 39. Competence to grant, re-grant, modify, suspend or revoke licenses for victim support activities

The provincial-level People’s Committee or an agency delegated by the provincial-level People’s Committee shall have the competence to grant, re-grant, modify, suspend, and revoke licenses for victim support activities of other social relief establishments operating within its administrative area.

Article 40. Dossier and procedures for grant of licenses for victim support activities

1. A dossier of application for a re-granted operation license comprises:

a) Application for grant of a license for victim support activities in accordance with Form No. 19 provided in the Appendix to this Decree;

b) Establishment license/operation license already granted by a competent agency or organization in accordance with law;

c) Diplomas and certificates evidencing the professional qualifications of personnel providing the services for which the establishment registers to operate;

Documents specified in Clause 1 of this Article are originals, certified copies, or electronic copies.

2. Order of implementation:

a) The organization or individual requesting a license for victim support activities shall submit one dossier set as prescribed in Clause 1 of this Article to the Department of Health where the establishment is headquartered;

b) Within 5 working days from the date of receipt of a complete and valid dossier, the Department of Health shall review and appraise the dossier and operational conditions and submit it to the Chairperson of the provincial-level People’s Committee for consideration and decision;

c) Within 3 working days from the date of receipt of the dossier submitted by the Department of Health, the Chairperson of the provincial-level People’s Committee shall consider and decide on the grant of a license for victim support activities in accordance with Form No. 20 provided in the Appendix to this Decree. In case of refusal to grant the license, the Chairperson of the provincial-level People’s Committee shall respond in writing and clearly state the reasons.

Article 41. Re-grant and modification of licenses for victim support activities

1. Conditions for re-grant or modification of the license for victim support activities

a) In cases of re-grant:

The license for victim support activities is lost, damaged, or destroyed due to fire or natural disaster;

b) In cases of modification:

Change of the legal representative/head/director of the establishment;

Relocation of the head office;

Change of name or scope of provision of support services.

2. An application dossier for re-grant or modification of the license for victim support activities comprises:

a) Application for re-grant or modification of a license for victim support activities in accordance with Form No. 19 provided in the Appendix to this Decree;

b) Diplomas and certificates evidencing the professional qualifications of the legal representative/head/director of the establishment, in case of request for modification of the license due to change of the legal representative/head/director of the establishment;

c) Lawful documents evidencing land use rights, ownership of residential houses or assets attached to land for the operation of the victim support, in case of change of the location of the head office;

d) Diplomas and certificates evidencing the professional qualifications of personnel expected to work at the establishment, in case of change of the scope of provision of support services.

Documents specified in this Clause are originals, certified copies, or electronic copies.

3. Order and procedures for re-grant or modification of the license

a) The organization or individual requesting re-grant of a license for victim support activities shall submit one dossier set as prescribed at Point a Clause 2 of this Article to the Department of Health where the establishment is headquartered;

b) Organizations and individuals requesting modification of the license, depending on the cases specified at Point b Clause 1 of this Article, shall submit one dossier set in accordance with the corresponding provisions in Clause 2 of this Article to the Department of Health where the establishment is headquartered;

c) Within 3 working days from the date of receipt of a complete and valid dossier, the Department of Health shall consider the contents of the request for re-grant or modification of the license for victim support activities and compare with the original dossier; complete the dossier and submit it to the Chairperson of the provincial-level People’s Committee for consideration and decision;

d) Within 3 working days from the date of receipt of the dossier submitted by the Department of Health requesting re-grant, or modification of the license for victim support activities, the Chairperson of the provincial-level People’s Committee shall consider and decide on the re-grant, or modification of the license in accordance with Form No. 20 provided in the Appendix to this Decree. In case of refusal, the Chairperson of the provincial-level People’s Committee shall respond in writing and clearly state the reasons.

Article 42. Suspension and revocation of licenses for victim support activities

1. The Chairperson of the provincial-level People’s Committee shall decide on suspension of victim support activities in case where an establishment fails to satisfy any of the conditions prescribed in Article 38 of this Decree corresponding to the registered services; such suspension shall be imposed for a period of up to 6 months in order to complete the operational conditions.

2. The Chairperson of the provincial-level People’s Committee shall decide on revocation of the license for victim support activities in the following cases:

a) The license for victim support activities is granted ultra vires or not in accordance with law;

b) The establishment fails to operate after 12 months from the date of obtaining the license;

c) The establishment changes its operational purposes not in accordance with law;

d) Upon expiry of the suspension period, the establishment still fails to satisfy the prescribed conditions;

dd) The establishment violates the activities specified in the license for victim support activities.

3. Within 3 working days from the date the competent agency prepares a record/issues a conclusion of inspection regarding violations of the establishment providing victim support activities as prescribed in Clauses 1 and 2 of this Article, the Department of Health shall request the Chairperson of the provincial-level People’s Committee to consider and decide on suspension of victim support activities.

4. Within 0 working days from the date of receipt of the dossier submitted by the Department of Health, the Chairperson of the provincial-level People’s Committee shall consider and decide on suspension of victim support activities in accordance with Form No. 21 provided in the Appendix to this Decree or revocation of the license for victim support activities in accordance with Form No. 22 provided in the Appendix to this Decree.

5. The establishment shall be responsible for settling the entitlements of beneficiaries in case where the establishment is subject to suspension or revocation of the license for victim support activities.

Chapter V

IMPLEMENTATION PROVISIONS

Article 43. Effect

1. This Decree takes effect from July 1, 2025.

2. The Government's Decree No. 09/2013/ND-CP dated January 11, 2013, detailing a number of articles of the Law on Human Trafficking Prevention and Combat; the Government’s Decree No. 62/2012/ND-CP dated August 13, 2012, prescribing the grounds for identification of trafficked victims and protection of safety for victims and their relatives; Joint Circular No. 01/2014/TTLT-BCA-BQP-BLDTBXH-BNG dated February 10, 2014, of the Ministry of Public Security, the Ministry of National Defence, the Ministry of Labor, Invalids and Social Affairs, and the Ministry of Foreign Affairs, guiding the order, procedures for and coordination in, the verification, identification, receipt and return of trafficked victims; Circular No. 35/2013/TT-BLDTBXH dated December 30, 2013, of the Minister of Labor, Invalids and Social Affairs, guiding the implementation of a number of articles of the Government's Decree No. 09/2013/ND-CP dated January 11, 2013, detailing a number of articles of the Law on Human Trafficking Prevention and Combat, cease to be effective from the effective date of this Decree.

Article 44. Transitional provisions

1. Other social relief establishments providing victim support established and operating before the effective date of this Decree by competent agencies shall, no later than 30 days from the effective date of this Decree, notify in writing the Department of Health where they are headquartered and submit quarterly, semi-annual, and annual reports on the support of victims, persons undergoing verification to be regarded as victims, and persons under 18 years of age accompanying them.

2. In case where issues arise requiring resolution after the reorganization of the organizational apparatus, the agency receiving the functions, tasks, and powers shall be responsible for coordinating with relevant agencies to continue resolving such issues.

3. Dossiers processed prior to the effective date of this Decree but not yet completed shall continue to be handled in accordance with Decree No. 09/2013/ND-CP and Decree No. 62/2012/ND-CP.

Article 45. Implementation responsibilities

1. The Ministry of Health shall:

a) Organize and provide guidance on the implementation of this Decree within its assigned functions and powers;

b) Assume the prime responsibility for reviewing, researching, developing, amending, and supplementing legal documents and other relevant documents on human trafficking prevention and combat and victim support within its assigned functions and powers;

c) Provide guidance on the operation of the national telephone hotline for human trafficking prevention; processes, standards, and quality of victim support services; screening and early intervention for groups showing signs of being trafficked; and develop inter-agency coordination regulations on receipt, protection, and support for trafficked victims and persons undergoing verification to be regarded as victims.

2. The Ministry of Public Security shall:

a) Organize and provide guidance on the implementation of this Decree within its assigned functions and powers;

b) Assume the prime responsibility for reviewing, researching, developing, amending, and supplementing legal documents and other relevant documents on human trafficking prevention and combat and victim support within its assigned functions and powers;

c) Ensure facilities and conditions for the performance of tasks related to receipt and support of trafficked victims returning from overseas in accordance with this Decree;

d) Direct and integrate tasks on human trafficking prevention and combat and support for trafficked victims and persons undergoing verification to be regarded as victims into crime prevention and combat activities.

3. The Ministry of National Defence shall:

a) Organize and provide guidance on the implementation of this Decree within its assigned functions and powers;

b) Assume the prime responsibility for reviewing, researching, developing, amending, and supplementing legal documents and other relevant documents on human trafficking prevention and combat and victim support within its assigned functions and powers;

c) Ensure facilities and conditions for the performance of tasks related to receipt and support of victims returning from overseas in accordance with this Decree.

4. The Ministry of Foreign Affairs shall:

a) Organize and provide guidance on the implementation of this Decree within its assigned functions and powers;

b) Assume the prime responsibility for reviewing, researching, developing, amending, and supplementing legal documents and other relevant documents on human trafficking prevention and combat and victim support within its assigned functions and powers;

c) Coordinate with ministries and relevant agencies in researching and proposing to the Government policies and orientations on human trafficking prevention and combat.

5. The Finance Ministry shall:

Based on proposals of ministries and sectors, consolidate and submit to competent authorities for allocation of resources for implementation of human trafficking prevention and combat activities in accordance with the law on state budget; prescribe contents and levels of expenditures for verification, identification, protection of victims and support for victims, persons undergoing verification to be regarded as victims, and persons under 18 years of age accompanying them.

6. Provincial-level People’s Committees shall:

a) Based on the functions and tasks assigned under the Law on Human Trafficking Prevention and Combat and this Decree, organize implementation within the locality;

b) Promulgate programs, plans, projects, and schemes on human trafficking prevention and combat; allocate resources for implementation of human trafficking prevention and combat tasks;

c) Direct commune-level People’s Committees to prioritize resources for implementation of human trafficking prevention and combat tasks within their respective areas;

d) Create favorable conditions for other establishments to participate in

human trafficking prevention and combat support; and for establishments providing services for support of trafficked victims to operate within the locality;

dd) Promptly commend and reward, within their competence, or propose competent authorities to commend and reward collectives and individuals in human trafficking prevention and combat;

e) Based on actual conditions of the locality, submit to the People’s Council at the same level for decision on specific measures and policies supporting human trafficking prevention and combat and support for trafficked victims, persons undergoing verification to be regarded as victims, and persons under 18 years of age accompanying them;

g) The Chairperson of the provincial-level People’s Committee shall be responsible for human trafficking prevention and combat within the locality.

7. Ministers, Heads of ministerial-level agencies, Heads of Government-attached agencies, chairpersons of People’s Committees of provinces and centrally-run cities, and related agencies, organizations and individuals shall implement this Decree./.

On Behalf of the Government

For the Prime Minister

Deputy Prime Minister

LE THANH LONG

Form No. 04

I. Full name (in capital letters): ………………………….. 2. Sex: Male □ Female □

Other names (if any) ……………………………………………………………………..

3. Date of birth (Day, Month, Year) ………. 4. Place of birth: …………………………………….

5. Nationality: …………………………………………………………………………………

6. Education (or years of attending school): ……………………………………………….

7. Occupation (if any): ………………………………………………………….……….

8. Family information

Father’s full name: ……………………………………… Date of birth (Day, Month, Year): …………...

Mother’s full name: ……………………………………… Date of birth (Day, Month, Year): …………....

Spouse’s full name (if any): ....................... Date of birth (Day, Month, Year): ………………….

Child’s/Children’s full name(s):............................... Date of birth (Day, Month, Year): ……………………

Residential address of father/mother/wife/husband/child: …………………………………………………..

9. Permanent residential address: ……………………………………..……………………………………

10. Arrived in Viet Nam on :..../..../… by means of transportation: ... at border gate (if any):

Document for entering Viet Nam (if any) ^(2): …………………. number: ………..……………

Document for entering Viet Nam (if any) number

Issuing Date (Day, Month, Year): ………./........../......... Issuing authority: ……………………………………………………

11. Address in Viet Nam: ……………………………………………………………………

12. Summary of the situation and process of being trafficked ⁽³⁾: ……………………………………….

13. Request for support ⁽⁴⁾:

□ Support for essential needs

□ Medical support

□ Interpretation support

□ Legal support

□ Legal aid

□ Psychological support

14. Current medical status ⁽⁵⁾ : ……………………………………………………

15. Information about the accompanying person(s) under 18 years old (if any): clearly state their full name(s), sex, date of birth, the relationship with the declarant, medical status): ………………………………………

Notes

(1) Photos on 4x6 cm size, with front view, bare head; clear faces and ears, no eyeglasses; 6 photos to be taken (one affixed on the Declaration Form, five glued on the other side of the Form).

(2) Specify the type of document, for example, passport, travel document.

(3) Clearly state the information you have about the subjects who have committed human trafficking; whether you were discovered and rescued with other victims (if any), or stayed with other victims at the place where the subjects committed the acts of detention and control, and were treated as victims (if any); or had signs such as being sexually exploited, mistreated, injured, etc.

(4) Please mark a tick in the appropriate option of support according to the provisions of the 2024 Law on Human Trafficking Prevention if desired.

(5) If there is confirmation from a competent medical agency of Viet Nam, fill in according to its content.

(6) In case the declarant does not know Vietnamese, the interpreter shall fill in the Declaration Form based on their declaration and read it again for that person and the interpreter to sign at the same time.

(7) For persons who have lost civil act capacity, have difficulty in perception and behavior control, or are under 14 years old, the legal representative shall sign on their behalf; for children and persons who are unable to self-declare, the officer shall fill in the declaration, sign and clearly state their full name.

_____________________

Section for processing officer:

□ The declarant is a foreign national and there are sufficient grounds to determine that he/she is a victim.

□ The declarant is a foreign national but there are not yet sufficient grounds to determine that he/she is a victim.

□ There are not yet sufficient grounds to determine that the declarant is a foreign national and a victim.

□ The declarant has a request for support in accordance with regulations.

□ The declarant falls within the category for repatriation under relevant bilateral international agreements on prevention and combat of human trafficking.