Joint Circular No. 01/2014/TTLT-BCA-BQP-BLDTBXH-BNG dated February 10,2014 guiding the order, procedures for and coordination in, the verification, identification, receipt and return of trafficked victims

JOINT CIRCULAR

Guiding the order, procedures for and coordination in, the verification, identification, receipt and return of trafficked victims[1]

Pursuant to the 2011 Anti-Human Trafficking Law;

Pursuant to the Government’s Decree No. 36/2012/ND-CP of April 18, 2012, defining the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies;

Pursuant to the Government’s Decree No. 62/2012/ND-CP of August 13, 2012, prescribing bases for identification of trafficked victims and safety protection of the victims and their relatives;

The Minister of Public Security, the Minister of National Defense, the Minister of Labor, War Invalids and Social Affairs and the Minister of Foreign Affairs promulgate the Joint Circular guiding the order, procedures for, and coordination in, the verification, identification, receipt and return of trafficked victims.

Chapter I

GENERAL PROVISIONS

Article 1.Scope of regulation, subjects of application

1. This Joint Circular guides the order, procedures for, and coordination among functional bodies of the Ministry of Public Security, the Ministry of National Defense, the Ministry of Labor, War Invalids and Social Affairs and the Ministry of Foreign Affairs in, the verification, identification, receipt and return of trafficked victims (below referred to as victims), defined in Articles 24, 25 and 26 of the Anti-Human Trafficking Law. Where treaties or international agreements otherwise provide for, such treaties or international agreements prevail.

Victims referred to in this Joint Circular shall be identified under Article 5 of the Government’s Decree No. 62/2012/ND of August 13, 2012, prescribing the bases for identification of trafficked victims and safety protection of the victims and their relatives.

2. This Joint Circular applies to victims being Vietnamese citizens at home or abroad, victims being foreigners currently staying in Vietnam, functional agencies of the Ministry of Public Security, the Ministry of National Defense, the Ministry of Labor, War Invalids and Social Affairs and the Ministry of Foreign Affairs, which are competent to verify, identify, receive and return trafficked victims, and other related agencies, organizations and individuals.

Article 2.Principles of verification, identification, receipt and return of victims

1. To comply with the anti-human trafficking law.

2. To ensure timeliness, accuracy and safety; to protect the lives, health and dignity of victims and respect their lawful rights and interests.

3. To keep secret information on victims and their relatives in accordance with law.

Article 3.Implementation funds

Funds for the verification, identification, receipt and return of victims shall be covered by the state budget within the allocated annual regular expenditure estimates of agencies or units in accordance with the Law on the State Budget and guiding documents.

Chapter II

VERIFICATION, IDENTIFICATION AND RECEIPT OF VICTIMS BEING VIETNAMESE CITIZENS TRAFFICKED ABROAD

Article 4.Verification, identification and receipt of victims staying abroad

1. Diplomatic missions, consulates or other agencies authorized to perform Vietnam’s consular functions overseas (collectively referred to as overseas Vietnamese representative agencies), when receiving information and documents on victims from competent foreign agencies, international organizations, or Vietnamese functional agencies at home, or reported by victims or persons who know about the cases, shall perform the following tasks:

a/ If the information is about a victim who is not rescued yet and the information source is reliable, to immediately notify it to competent authorities of the host country for coordination in inspection, verification and rescue;

b/ If the information is about a victim who has been rescued or if a person who comes and reports to be a victim at an overseas Vietnamese representative agency:

- To examine and verify the information, collect documents related to the trafficking of the victim and papers proving his/her Vietnamese nationality and papers on exit from and entry into Vietnam;

- To guide the victim to fill in the declaration form used for trafficked victims returning from abroad (provided in Appendix 1 to this Joint Circular). If the victim is a child or is incapable of filling in the declaration, the receiving official shall write down his/her declarations;

- If there are sufficient grounds to determine the victim to be a Vietnamese citizen, to apply citizen protection measures and coordinate with functional agencies of the host country in providing the victim with daily-life essentials; to grant a laissez-passer for the victim to return home if he/she has no valid exit and entry paper. If there are insufficient grounds to identify such person to be a Vietnamese citizen or a victim, within 3 (three) days after receiving information and documents on the self-reported victim, the overseas Vietnamese representative agency shall send a document enclosed with his/her dossier (including the completed declaration and information and documents provided by the foreign country or international organization or collected by the overseas Vietnamese representative agency) to the Immigration Department of the Ministry of Public Security for verification under Clause 2 of this Article, and concurrently to the Consular Department of the Ministry of Foreign Affairs for coordination.

Within 3 (three) days after receiving the written reply from the Immigration Department, the overseas Vietnamese representative agency shall issue a laissez-passer to the victim, if there is agreement to receive the victim home without a valid exit and entry paper. In case it is impossible to identify the personal details or there are insufficient grounds for confirming such person to be a victim, the general provisions of the laws of Vietnam and the host country will apply;

- To carry out necessary procedures (arrangement of travel and visa) and coordinate with functional agencies of the host country and international organization (if any) in organizing the return to Vietnam for the victim who has a valid exit and entry paper; to notify in writing at least 5 (five) days before the victim’s entry the means of transport, time and border gate of entry; personal details, serial number and type of the exit and entry paper of the victim, the accompanying officials of the host country and international organization (if any) to the Immigration Department for his/her receipt under Clause 3 of this Article.

2. Verification and identification of victims by domestic functional bodies:

a/ Immediately after receiving the written verification requests of overseas Vietnamese representative agencies defined at Point b, Clause 1 of this Article, the Immigration Department shall organize the verification or direct the Immigration Offices of the concerned provincial-level Departments of Public Security to conduct the verification, and, when necessary, concurrently send a document to the Social Order-Related Crime Investigation Police Department of the Ministry of Public Security for coordination in the verification.

Within 10 (ten) days after receiving the written verification request, the Immigration Office of the provincial-level Public Security Department shall report on the verification result to the Immigration Department via a secret communication channel or fax and also in writing;

b/ Within than 3 (three) days after receiving the verification result, the Immigration Department shall reply the overseas Vietnamese representative agency and concurrently send a document to the Consular Department for coordination.

3. Receipt of victims returning home via an international airport:

a/ The Immigration Department shall assume the prime responsibility for, and coordinate with functional bodies of the concerned ministries or sectors in, organizing the receipt as follows:

- At least 3 (three) days before the victims’ expected entry, the Immigration Department shall notify the return time, place and list of returning victims to the Social Order-Related Crime Investigation Police Department and the provincial-level Department of Labor, War Invalids and Social Affairs of the locality where is located the border gate of the victims’ return for coordinated receipt;

- At the border gate of the victims’ entry: To compare, face-check and receive the victims; to sign a minutes of handover and receipt of trafficked victims returning from abroad (the handover and receipt minutes form is provided in Appendix 3 to this Joint Circular) with the foreign functional agency (if any); to carry out the procedures for the victims’ entry; to examine the victims’ dossiers handed by foreign parties or the victims; if the declaration form used for trafficked victims returning from abroad is not available, to guide the victims in making their declarations and grant return certificates to the victims (the return certificate form is provided in Appendix 5 to this Joint Circular);

- If victims wish to return to their residence places, to provide them with money for travel and meals during their travel. If victims are children or unable to return to their residence places by themselves, to ask their relatives to come to receive them or arrange officials to take them to places where their relatives reside. If victims have no residence places or wish to stay in a social protection establishment or victim support establishment and victims are homeless children, to hand over them (together with their relevant papers) to the provincial-level Department of Labor, War Invalids and Social Affairs of the locality where is located the border gate for assistance in accordance with law;

- To notify in writing the Immigration Offices of provincial-level Departments of Public Security of localities where the victims return for management and monitoring.

b/ At the border gate of victims’ entry, the Social Order-Related Crime Investigation Police Department shall coordinate with the Immigration Department in taking their initial statements to collect information and documents on human traffickers for investigation and handling in accordance with law;

c/ The provincial-level Department of Labor, War Invalids and Social Affairs of the locality where is located the border gate shall, after receiving victims from the Immigration Department, send them to a social protection establishment or victim support establishment in its locality for assistance as prescribed by law.

4. Receipt of victims returning by road, railway or sea:

a/  The Immigration Department shall inform the victims’ expected entry at least 3 (three) days in advance to the provincial-level Department of Public Security of the locality where is located the border gate of the victims’ entry for directing the Immigration Office and Social Order-Related Crime Investigation Police Division to coordinate with functional agencies in organizing the receipt;

b/ The provincial-level Department of Public Security of the locality where is located the border gate of the victims’ entry shall, after being informed by the Immigration Department, consult and reach agreement on the receipt plan with the Border Guard Command and the provincial-level Department of Labor, War Invalids and Social Affairs for coordinated receipt;

c/ The border guard post at the border gate of the victims’ entry shall assume the prime responsibility for comparing and face-checking the victims; sign a minutes of handover and receipt of trafficked victims returning from abroad with foreign functional agencies; guide the victims to fill in the declaration forms used for victims trafficked abroad and carry out procedures for their entry, then hand over the victims to the Immigration Office of the provincial-level Department of Public Security (the form of the minutes of handover and receipt of trafficked victims is provided in Appendix 4 to this Joint Circular);

d/ The Immigration Office of the provincial-level Department of Public Security shall, after receiving the victims, grant them return certificates (the certificate form is provided in Appendix 6 to this Joint Circular) and coordinate with the Social Order-Related Crime Investigation Police Division of the provincial-level Department of Public Security in taking their initial statements to collect information and documents on human traffickers for investigation and handling in accordance with law.

If victims wish to return to their residence places, they shall be provided with money for travel and meals during their travel; if victims are children or unable to return to their residence places by themselves, their relatives shall be notified to come and receive them or officials shall be arranged to accompany them to their residence places; if victims have no residence places or wish to stay in a social protection establishment or victim support establishment or if victims are supportless children, they shall be handed over (together with their relevant papers) to the provincial-level Department of Labor, War Invalids and Social Affairs of the locality where is located the border gate for assistance as prescribed by law;

dd/ The Immigration Office of the provincial-level Department of Public Security of the locality where victims are received shall, after carrying out the above-mentioned procedures, notify the Immigration Office of the provincial- level Department of Public Security of the locality where the victims return to reside for management and monitoring;

e/ The provincial-level Department of Labor, War Invalids and Social Affairs shall, after receiving the victims from the Immigration Office of the provincial-level Department of Public Security, send them to a social protection establishment or victim support establishment in its locality for assistance as prescribed by law.

Article 5.Verification, identification and receipt of victims returning home by themselves

1. Where victims return home from abroad by themselves, and report themselves at a border guard post or are discovered in a border area, on an island or at sea by border guards or coast guards:

a/ The border guard post or coast guards shall:

- Arrange temporary accommodation and provide daily-life essentials for the self-claimed victims in case of necessity;

- Take statements from the victims; examine papers related to their personal identities, nationalities as well as information and documents serving as grounds for their identification;

- Collect information and documents related to human traffickers that the victims know for investigation, prevention and combat of human trafficking crimes;

- Hand over the victims to the commune-level People’s Committee of the nearest locality where the victims report themselves or are discovered.

b/ The commune-level People’s Committee, district-level Division of Labor, War Invalids and Social Affairs and district-level Public Security Office shall conduct receipt and verification under Article 6 of this Joint Circular.

2. For victims returning home from abroad by themselves and reporting themselves to local Public Security Offices or administrations, their receipt, verification, identification and assistance are the same as for victims who are domestically trafficked prescribed in Article 6 of this Joint Circular.

Chapter III

RECEIPT, VERIFICATION AND IDENTIFICATION OF VICTIMS BEING VIETNAMESE DOMESTICALLY TRAFFICKED

Article 6.Receipt, verification and identification of self-reported victims

1. Commune-level People’s Committees or Public Security Offices shall, when receiving victims or their lawful representatives to report on their trafficking, guide them to fill in the declaration forms used for victims trafficked domestically (which is provided in Appendix 2 to this Joint Circular); if victims are children or unable to make declaration by themselves, the receiving officials shall write down their statements; provide daily-life essentials for them, when necessary; and notify district-level Divisions of Labor, War Invalids and Social Affairs for carrying out the procedures prescribed in Clause 2 of this Article.

2. District-level Divisions of Labor, War Invalids and Social Affairs shall, within 3 (three) days after receiving the notifications of commune-level People’s Committees or Public Security Offices on the victims, perform the following tasks:

a/ In case of availability of papers and documents certifying the victims, to arrange their travel to their residence places or social protection establishments or victim support establishments as prescribed.

b/ In case of unavailability of papers and documents certifying the victims, to send written requests for verification to the district-level Public Security Offices of localities where the victims reside or report the occurrence of human trafficking cases. Pending the verification result, the self-reported victims shall be provided with daily-life essentials as prescribed by law. After obtaining the written replies of the district-level Public Security Offices certifying the victims, to provide assistance for the victims as in the cases of having sufficient grounds for victim identification prescribed at Point a of this Clause.

3. District-level Public Security Offices of localities where the self-reported victims reside or report the occurrence of human trafficking cases, shall perform the following tasks:

a/ To verify and identify victims and reply within 20 (twenty) days after receiving written verification requests of district-level Divisions of Labor, War Invalids and Social Affairs (prescribed at Point b, Clause 2 of this Article);

b/ If having sufficient grounds through verification for victim identification, to issue certificates of trafficked victims (according to the form provided in Appendix 7 to this Joint Circular), and send the verification results and these certificates to the district-level Divisions of Labor, War Invalids and Social Affairs for provision of assistance for victims according to regulations.

c/ If cases are complicated or the verification involves many localities, to report such to the provincial-level Department of Public Security (the Social Order-Related Crime Investigation Police Division) for directing the verification; in this case, the verification time limit for reply is 60 (sixty) days after the receipt of reports of district-level Public Security Offices. After verification, if there are sufficient grounds to certify the victims, the verifying agencies shall reply and issue certificates of trafficked victims and notify the district-level Public Security Offices for performing the remaining tasks defined at Point b of this Clause.

Article 7.Verification and identification of rescued victims

1. The rescuing agencies (public security, border guard or coast guard units) shall perform the following tasks:

a/ If there are sufficient grounds to identify the rescued persons as victims, to provide them with daily-life essentials; to issue certificates of trafficked victims; and hand over the victims to the district-levelDivisionsof Labor, War Invalids and Social Affairs of localities where they are rescued for carrying out the procedures prescribed in Clause 2 of this Article;

b/ If there are insufficient grounds to identify them as victims, after the provision of assistance, to hand over the rescued persons to the Divisions of Labor, War Invalids and Social Affairs of such localities for sending them to social protection or victim support establishments.

2. The district-level Divisions of Labor, War Invalids and Social Affairs of localities where the rescue is carried out shall perform the following tasks:

a/ If the rescued persons are granted certificates of trafficked victims, to provide them with assistance as prescribed by law;

b/ If there are insufficient grounds to identify them as victims, to send written requests to the district-level Public Security Offices of localities where such persons are rescued for verification and identification; when the verification results are available, to carry out the procedures as for the cases where victims are trafficked domestically prescribed in Clause 2, Article 6 of this Joint Circular.

3. The district-level Public Security Offices of localities where such persons are rescued shall verify and identify whether they are victims and notify the results to the district-level Divisions of Labor, War Invalids and Social Affairs under Clause 3, Article 6 of this Joint Circular.

If the district-level Public Security Offices confirm that they are not victims, heads of the district-level Divisions of Labor, War Invalids and Social Affairs shall coordinate with directors of social protection establishments or victim support establishments in carrying out procedures to relieve the rescued persons from such establishments in accordance with law.

Chapter IV

RECEIPT, VERIFICATION, IDENTIFICATION AND RETURN OF VICTIMS BEING FOREIGNERS TRAFFICKED IN VIETNAM

Article 8.Receipt, verification and identification of victims

1. In case victims are not yet rescued:

Upon receipt of information and documents on victims from competent foreign agencies, international organizations, domestic agencies or organizations, or reports from persons who know the cases, the information-receiving agencies shall immediately report them to the Social Order-Related Crime Investigation Police Divisions of provincial-level Departments of Public Security of localities where the victims are kept for verification, investigation and rescue.

2. In case victims have been rescued or report themselves as victims:

a/ The Public Security Offices, border guards or coast guards of localities where victims are rescued or the Public Security Offices (of commune, district or provincial level) of localities where self-reported victims are received shall provide them with daily-life essentials if finding it necessary and immediately transfer them to the district-level Sections of Labor, War Invalids and Social Affairs of localities where the victims are rescued, or of the nearest localities where the victims report on their being trafficked. If there are sufficient grounds to confirm the rescued persons as victims, the rescuing agencies shall grant certificates of trafficked victims before their transfer;

b/ The district-level Divisions of Labor, War Invalids and Social Affairs, after receiving the victims, shall perform the following tasks:

- To send the victims to social protection establishments or victim support establishments and report their cases to the provincial-level Departments of Labor, War Invalids and Social Affairs for directing the provision of assistance for victims pending the verification result;

- To notify such to the provincial-level Departments of Foreign Affairs of localities where the victims are kept to carry out external activities as prescribed;

- To notify such to the Immigration Offices of provincial-level Departments of Public Security for the performance of the tasks defined at Point c of this Clause.

c/ Within 3 (three) days after receiving the information on victims, the Immigration Offices of provincial-level Departments of Public Security shall coordinate with the provincial-level Departments of Foreign Affairs in quickly contacting the victims and perform the following tasks:

- To check the victims’ personal papers, entry, exit, residence in Vietnam; to take their initial statements (if victims do not know Vietnamese, interpreters must be used in the process of getting their statements);

- To take 6 (six) 4 x 6 photos of the victims and guide them to fill in the declaration form used for victims trafficked domestically. If victims are children or do not know Vietnamese, the interpreters shall write down their statements;

- To send reports to the Immigration Department, enclosed with dossiers comprising the completed declaration form used for victims trafficked domestically, 5 photos of the victim, the certificate of trafficked victims (if any), the result of taking initial statements of  the victim and other documents (if any);

- In case of insufficient grounds for victim identification, to send a written request to the Social Order-Related Crime Investigation Police Division of the provincial-level Department of Public Security of the locality where such person reports on his/her being trafficked or is rescued, for verification. The Social Order-Related Crime Investigation Police Division of the provincial-level Department of Public Security shall notify the result to the Immigration Office of the provincial- level Department of Public Security for reporting to the Immigration Department;

d/ Within 3 (three) days after receiving the report on the victim of the Immigration Office of the provincial-level Department of Public Security, the Immigration Department shall check the information related to the victim’s entry, exits and residence and send a written consultation to the Consular Department, enclosed with the completed declaration form used for domestically trafficked victims, 3 (three) photos, certificate of trafficked victim and relevant documents (if any);

dd/ Within 3 (three) days after receiving the official letter of the Immigration Department, the Consular Department shall send a note (enclosed with the victim’s dossier and 2 photos) to the diplomatic mission of the country of which the victim reports to be a citizen (or permanent resident) in order to request protection, verification and receipt of the victim.

Article 9.Return of victims

1. The Consular Department, upon receiving a note from the diplomatic mission of the country of which the victim is a  citizen (or permanent resident) replying to agree to receive back the victim, enclosed with a valid exit and entry paper granted to the victim, shall reach agreement with the foreign country on the time, border gate and means of transport for the victim’s return home (the foreign country that cannot arrange means of transport can request assistance from an international organization in Vietnam), and send a written notification and papers on the victim’s exit and entry to the Immigration Department.

2. Within 5 (five) days after receiving the notification of the Consular Department, the Immigration Department shall:

a/ Grant an exit visa and temporary stay for the victim (to be exempted from fee, the exit visa and temporary stay duration must conform with the time limit of taking the victim home);

b/ Notify the plan to send the victim home to the Immigration Office of the provincial-level Department of Public Security and Department of Labor, War Invalids and Social Affairs of the locality where the victim is kept; the Public Security Office at the international airport or the border guard offices at the land border gate where the victims will depart; and the concerned international organization (if any) for coordination in sending the victim home;

c/ Transfer to the Immigration Office of the provincial-level Department of Public Security, where the victim is kept the entry and exit paper and documents related to the victim for carrying out the procedures to send the victim home.

3. The provincial-level Department of Labor, War Invalids and Social Affairs of the locality where the victim is kept shall direct the social protection establishment or the victim support establishments to transport the victim to the border gate and coordinate with concerned agencies in sending him/her home.

4. At the border gate of sending the victim home, the Immigration Office of the provincial-level Department of Public Security where the victim is kept, shall coordinate with the international-airport Public Security post in carrying out the exit procedures for the victim ( if he/she returns home by air) or hand over him/her to the border guards of the locality with the international land border gate for return of the victim to foreign parties (if he/she returns home by road).

Chapter V

IMPLEMENTATION PROVISIONS

Article 10.Effect

This Joint Circular takes effect on March 25, 2014, and replaces Joint Circular No.03/2008/TTLT-BCA-BQP-BNG- BLDTBXH of May 8, 2008, of the Ministries of: Public Security, National Defense, Foreign Affairs, Labor, War Invalids and Social Affairs, guiding the order of, procedures for, verification, identification and receipt of trafficked women and children returning home from abroad.

Article 11.Implementation responsibility

Functional agencies and units of the Ministries of: Public Security, National Defense, Labor, War Invalid and Social Affairs and Foreign Affairs shall, within the ambit of their respective functions, tasks and powers, organize the implementation of this Joint Circular; send annual reports on the situation and results of activities of verification, identification, receipt and return of trafficked victims to the Crime and Drug Prevention and Combat Permanent Office of the Ministry of Public Security.

Any problems arising in the course of implementing this Joint Circular should be reported to the Ministry of Public Security, the Ministry of National Defense, the Ministry of Labor, War Invalids and Social Affairs or the Ministry of Foreign Affairs for timely guidance.-

* All appendices are not translated.