Procedures for receipt and verification of trafficked victims in Vietnam

Hello, Lawnet would like to answer the following:

1. Grounds defining victims of human trafficking in Vietnam

According to Article 27 of the Law on Human Trafficking Prevention and Combat 2011 guided in Article 5 of Decree 62/2012/ND-CP, a person is defined as a victim when he/she is the subject of one of the following acts:

- Human trafficking: Persons are regarded as a type of commodity for exchange for cash or other material benefits;

- Transferring or receiving persons for:

+ Forced prostitution;

+ Forced performing as characters for the production of video tapes, discs, paintings, photos, calendars and articles in other forms with content propagating depraved lifestyle and pornography;

+ Forced performances for others to watch their bodies, aiming to stimulate sex;

+ Sex slavery;

+ Forced labor;

+ Taking illegally human organs;

+ Forced beggary;

+ Forced to be as a wife or husband;

+ Forced childbirth contrary to their will;

+ Forced to commit acts of law violation;

+ For other inhuman purposes.

- Recruiting, transporting or harboring persons for performance of acts specified in Points a and b of Clause 1 of Article 5 of Decree 62/2012/ND-CP or for other inhuman purposes.

2. Papers and documents proving victims of human trafficking in Vietnam

According to Article 28 of the Law on Human Trafficking Prevention and Combat 2011, papers and documents proving victims

- Certificates of police offices of rural districts, urban districts, towns and provincial cities provided in Clause 4. Article 24 of the Law on Human Trafficking Prevention and Combat 2011.

- Certificates of rescue agencies provided in Article 25 of the Law on Human Trafficking Prevention and Combat 2011.

- Certificates of investigation agencies, agencies assigned to conduct investigation. People's Procuracies and People's Courts.

- Papers and documents proving victim status issued by foreign authorities which are consularly legalized by overseas Vietnamese representative agencies or the Vietnamese Ministry of Foreign Affairs.

3. Procedures for receipt and verification of trafficked victims in Vietnam

3.1 Procedures for receipt and verification of domestically trafficked victims

Procedures for receipt and verification of trafficked victims are specified in Article 24 of the Law on Human Trafficking Prevention and Combat 2011 specifically:

Direct verification:

- The victim or the victim's legal representative can go to the commune-level People's Committee or the nearest agency or organization to report being trafficked.

- The agency or organization that receives the declaration shall immediately transfer such person to the commune-level People's Committee where the agency or organization is headquartered.

- Commune-level People's Committees are responsible for immediately reporting to the Department of Labor - Invalids and Social Affairs (LOLISA).

- In case of necessity, the commune-level People's Committee that has received the victim shall support the victim's essential needs.

Time limit for settling victim verification:

- A victim or his/her lawful representative may report on his/her trafficking to the commune-level People's Committee of the nearest locality or the nearest agency or organization.

The receiving agency or organization shall promptly send this person to the commune-level People's Committee of the locality in which it is headquartered.

The commune-level People's Committee shall promptly report such to the district-level Labor, War Invalids and Social Affairs Division. When necessary, the receiving commune-level People's Committee shall provide support to meet essential needs of the victim.

- Within 3 days alter receiving a notice of a commune-level People's Committee, a district level Labor. War Invalids and Social Affairs Division shall receive and assist the victim and coordinate with the police office of the same level in checking initial information on the victim when such person does not have any papers and documents specified in Article 28 of the Law on Human Trafficking Prevention and Combat 2011.

- After receiving the victim, based on the papers and documents specified in Article 28 of the Law on Human Trafficking Prevention and Combat 2011 or verifications on the victim, the district level Labor. War Invalids and Social Affairs Division shall consider paying travel expenses for the victim to return to his/her place of residence by himself/herself.

For a child victim, it shall notify a relative to receive the victim or assign a person to take the victim to his/her place of residence.

For a victim who needs medical or psychological care and wishes to stay at a social security or victim support establishment or who is a helpless child, it shall carry out procedures to transfer the victim to the social security or victim support establishment.

For a person who does not have papers or documents proving he/she is a victim, the district-level Labor, War Invalids and Social Affairs Division shall request the police office of the same level to make verification.

- Within 20 days after receiving a request of the district-level Labor. War Invalids and Social Affairs Division, the district-level police office shall make verification and issue a written reply to the former.

- For a complicated case, the verification duration may be extended, but for not more than 2 months.

- If having sufficient grounds to determine the person as victim, the verifying agency shall grant a certificate of victim lo such person.

Thus, the trafficked victim or the victim's legal representative can directly report to the commune-level People's Committee, the nearest State agency or organization for settlement. The time limit for settling and issuing a certificate of victim identification can be from 03 days to 20 days from the date of receipt of the declaration, for complicated cases, it may take longer but not more than 02 months or the certificate can be issued as follows: victims as soon as there are sufficient conditions for verification.

3.2 Procedures for receipt and verification of rescued victims

Procedures for receipt and verification of rescued victims are specified in Article 25 of the Law on Human Trafficking Prevention and Combat 2011 specifically:

- The police office, border guard or marine police which has rescued a victim shall

+ Provide support to meet essential needs of the victim when necessary and

+ Promptly send him/her to the district-level Labor, War Invalids and Social Affairs Division of the locality near the place the victim is rescued.

- The rescue agency shall grant a certificate of victim to the rescued person before the transfer.

When the rescued person has not been certified as victim due to lack of grounds, the district-level Labor, War Invalids and Social Affairs Division shall request the police office of the same level to make verification under Clause 4, Article 24 of the Law on Human Trafficking Prevention and Combat 2011.

- After receiving the victim, the district-level Labor. War Invalids and Social Affairs Division shall comply with Clause 3. Article 24 of the Law on Human Trafficking Prevention and Combat 2011.

If the rescued person has not been certified as victim by the rescue agency, before paying travel expenses or transferring him/her to a social security or victim support establishment, the district-level Labor. War Invalids and Social Affairs Division shall coordinate with the police office of the same level in checking initial information on such person.

As such, the rescue agency is responsible for receiving and verifying information and rescuing victims, supporting victims and issuing certificates of trafficking. In case the victim has not been confirmed as a victim by the rescue agency, the relevant units and agencies shall verify the initial information about the victim.

3.3 Procedures forreceipt and verification of victims returning from abroad in Vietnam

Procedures for receipt and verification of victims returning from abroadad are specified in Article 26 of the Law on Human Trafficking Prevention and Combat 2011 specifically:

- The receipt and verification of a victim returning from abroad through an overseas Vietnamese diplomatic mission, consulate or another agency authorized to perform consular functions (below referred to as overseas Vietnamese representative agency) are conducted as follows:

+ The overseas Vietnam representative agency shall receive and process information and documents on the victim and coordinate with the Ministry of Public Security in verifying the victim, grant necessary papers and carry out procedures to send him/her home;

+ The competent agency of the Ministry of Public Security or the Ministry of National Defense shall receive the victim and pay travel and food expenses for him/her to return to his/ her place of residence by himself/herself, and guide the victim in carrying out procedures to receive the supports provided in Articles 34 thru 38 of the Law on Human Trafficking Prevention and Combat 2011.

If the victim has no place of residence or wishes to stay at a social security or victim support establishment, it shall transfer the victim to such establishment. For a child victim, it shall notify a relative to receive the victim or assign a person to take the victim to the relative's place of residence. If the victim is a helpless child, it shall carry out procedures to transfer the victim to a social security or victim support establishment.

- The receipt of a victim who is trafficked abroad and fully meets the conditions to return Vietnam under a bilateral international agreement complies with that agreement.

- The receipt and verification of a victim who is trafficked abroad and returns home by himself/herself complies with Article 24 of the Law on Human Trafficking Prevention and Combat 2011.

Thus, the overseas Vietnamese representative mission is the agency that receives and verifies information on trafficked victims, and at the same time coordinates with the Ministry of Public Security in guiding them through procedures and supporting expenses in the process. return program.

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