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

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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
Issuing body: Ministry of Public Security; Ministry of Labor, Invalids and Social Affairs; Ministry of Foreign Affairs; Ministry of National DefenceEffective date:
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Official number:01/2014/TTLT-BCA-BQP-BLDTBXH-BNGSigner:Nguyen Trong Dam; Nguyen Thanh Son; Nguyen Thanh Cung; Le Quy Vuong
Type:Joint CircularExpiry date:Updating
Issuing date:10/02/2014Effect status:
Known

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Fields:Policy , Public order

SUMMARY

GUIDELINES ON RECEIPT AND RETURN OF TRAFFICKED VICTIMS

On February 10, 2014, the joint-ministries of Public Security, Labor, War Invalids and Social Affairs, Foreign Affairs issued the Joint Circular No. 01/2014/TTLT-BCA-BQP-BLDTBXH guiding the order, procedures for and coordination in, the verification, identification, receipt and return of trafficked victims.

In accordance with this Joint Circular, 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; 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. 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 tasks as 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. 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.

District-level Public Security Offices of localities where the self-reported victims reside or report the occurrence of human trafficking cases, shall 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; or if having sufficient grounds through verification for victim identification, to issue certificates of trafficked victims, 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. Besides, 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.

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.
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Effect status: Known

THE MINISTRY OF PUBLIC SECURITY - THE MINISTRY OF NATIONAL DEFENSE - THE MINISTRY OF LABOR, WAR INVALIDS AND SOCIAL AFFAIRS - THE MINISTRY OF FOREIGN AFFAIRS
THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
 
 
No. 01/2014/TTLT-BCA-BQP-BLDTBXH-BNG
Hanoi, February 10, 2014
 
 
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.

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