Vietnam: How many measures to ensure safety for victims of human trafficking and their relatives are there?
Decree 62/2012/ND-CP: What are the measures of safety protection for victims of human trafficking and their relatives in Vietnam?
Pursuant to the provisions of Article 7 of Decree 62/2012/ND-CP stipulates as follows:
Measures of safety protection for victims and their relatives
Depending on each specific case and practical conditions, agencies being responsible for protection may apply one or some of the following protection measures to ensure safety for victims and their relatives (hereinafter referred to as protected persons):
1. To keep secret protected persons' supply of documents and evidences.
2. To keep secret information on the protected persons' privacy, identification characteristics, residence places, working or studying places and other information relating to them.
3. To arrange security forces at protected persons' residence places, working, studying and traveling places, at court hearings and other necessary places.
4. To restrain the traveling and communication scope of protected persons.
5. To arrange temporary shelters for protected persons.
6. To arrange new residence places, work or study places for protected persons.
7. To apply measures to prevent and stop acts of encroaching upon or threatening with encroachment upon the lives, health, honor, dignity or property of protected persons as prescribed by law.
8. To conduct trial behind closed doors.
According to the above regulations, there are 8 measures to ensure safety for victims and their relatives.
Vietnam: What does a protection measure application file include?
Pursuant to the provisions of Article 11 of Decree 62/2012/ND-CP, a protection measure application file comprises:
- The written request for protection.
- The personal records of the protected person.
- Documents showing that the protected person is encroached upon or has risk of being encroached upon his/her life, health, honor, dignity or property.
- The decision on application of protection measures.
- The decision on application of additional protection measures (if any).
- The protection measures having been already applied and results of implementation.
- The decision terminating the application of protection measures.
- Other documents and materials relating to the protection.
Vietnam: How many measures to ensure safety for victims of human trafficking and their relatives are there?
Which agency has the competence to apply protection measures in Vietnam?
Pursuant to the provisions of Article 8 of Decree 62/2012/ND-CP stipulates as follows:
Competence to apply protection measures
1. Agencies competent to apply protection measures include:
a/ The investigating police offices in the People's Public Security;
b/ The criminal investigation offices in the People’s Army;
c/ The border guard;
d/ The Marine Police Force;
dd/ The People's Procuracies and the Military Procuracies at all levels;
e/ The People's Courts and the Military Courts at all levels;
g/ The People's Committees of communes, wards or townships, district-level Labor- War Invalids and Social Affairs Sections, social relief establishments and victim support establishments;
h/ Overseas Vietnamese representative missions.
2. Persons competent to issue decisions on application of protection measures include:
a/ Heads, deputy heads of the investigating police offices in the People's Public Security, are competent to issue decisions to apply the protection measures specified in Clauses 1, 2,3,4,5, 6 and 7 of Article 7 of this Decree to victims and their relatives in matters, criminal cases being handled by their respective agencies;
b/ Heads, deputy heads of the investigation police offices in the People's Army, are competent to issue decisions to apply the protection measures specified in Clauses 1, 2, 3, 4, 5, 6 and 7, Article 7 of this Decree to victims and their relatives in matters, criminal cases being handled by their respective offices;
c/ The director of the Drug-Related Crime Prevention and Combat Department of the Border Guard, heads of task teams of the Drug-Related Crime Prevention and Combat Department of the Border Guard, commanders of provincial-level Border Guards, heads of border posts, heads of Marine Guard Fleets and commanders of border gate ports, are competent to issue decisions to apply the protection measures specified in Clauses 1, 2, 3, 4, 5, 6 and 7, Article 7 of this Decree to victims and their relatives in matters, criminal cases being handled by their respective agencies. When the heads stipulated at this Point are absent, one of their deputies may be authorized to implement heads' powers defined at this Point and must be responsible before his/her heads for the assigned tasks;
d/ Directors, regional commanders, heads of the Drug-Related Crime Prevention and Combat Sections, heads of the Drug-Related Crime prevention and combat task teams, heads of marine guard fleets and heads of the marine groups and heads of the marine teams of the Marine Police Force, are competent to issue decisions to apply the protection measures defined in Clauses 1,2,3, 4,5,6 and 7, Article 7 of this Decree to victims and their relatives in matters, criminal cases being handled by their respective agencies. When the heads defined at his Point are absent, one of their deputies may be authorized to implement heads' powers defined at this Point and must be responsible before his/her head for the assigned tasks;
dd/ Heads and deputy heads of the People's Procuracies are competent to decide on the application of the protection measures specified in Clauses 1, 2 and 5, Article 7 of this Decree to victims in the criminal cases being handled by their respective agencies; propose the investigating police offices in the People's Public Security or the criminal investigation offices in the People's Army, which have handled the cases, to apply measures of safety protection for victims and their relatives;
e/ Court presidents, vice presidents and judges presiding over court hearings, are competent to decide on the application of the protection measures specified in Clauses 1,2,4, 5 and 8, Article 7 of this Decree to victims and their relatives in criminal cases being handled by their respective agencies; propose the investigating police offices in the People's Public Security or the criminal investigation offices in the People' Army, which have handled the cases, to apply measures of safety protection for victims and their relatives;
g/ Chairpersons of People's Committees in commune/ward/ township, heads of the district-level Sections of Labor, War Invalids and Social Affairs, directors of the social relief establishments and directors of the victim support establishments, are competent to decide on the application of protection measures specified in Clauses 1, 2, 4 and 5, Article 7 of this Decree to victims and their accompanying relatives, who are received by their respective agencies; to propose competent agencies and/or persons specified in this Article to apply measures of safety protection for victims and their relatives;
h/ Heads of overseas Vietnamese representative missions are competent to decide on the application of protection measures specified in Clauses 1, 2, 4 and 5, Article 7 of this Decree to victims and their accompanying minors, who are Vietnamese citizens in the host territories or countries.
....
Thus, competence to apply protection measures in Vietnam includes:
- The investigating police offices in the People's Public Security;
- The criminal investigation offices in the People’s Army;
- The border guard;
- The Marine Police Force;
- The People's Procuracies and the Military Procuracies at all levels;
- The People's Courts and the Military Courts at all levels;
- The People's Committees of communes, wards or townships, district-level Labor- War Invalids and Social Affairs Sections, social relief establishments and victim support establishments;
- Overseas Vietnamese representative missions.
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