Vietnam: Measures for protecting victims of human trafficking and their families

According to Circular No. 78/2013/TT-BQP of the Ministry of National Defense of Vietnam, when there are request and grounds that the victim or their families are at risk of harm or threatened with harm to their life, dignity, health, reputation, or property, the Border-Guard Command and Coast Guard, upon rescuing or receiving victims returned by foreign countries, have the discretion to apply one or more protective measures to ensure the safety and well-being of the victims and their families, depending on the specific circumstances and practical conditions, as stipulated in Decree No. 62/2012/ND-CP dated August 13, 2012 of Vietnam’s Government.

In which, the victim’s family includes: husband/wife, biological parents, adoptive parents, stepfather, stepmother, biological child, adopted child, parents of the husband/wife, siblings (brothers/sisters), grandparents (paternal and maternal), grandchildren of the victim.

According to Article 9 of Circular No. 78/2013/TT-BQP, measures for protecting victims and their families are specified as follows:

- Keeping confidential the provision of documents and evidence related to the protected person.

- Maintaining the confidentiality of personal information, identifying characteristics, place of residence, work, study, and other relevant information of the protected person.

- Arranging security personnel at the residence, workplace, educational institution, and other necessary locations of the protected person.

- Restricting the scope of mobility and communication of the protected person.

- Arranging temporary shelters for the protected person.

- Applying preventive measures to prevent and deter acts of harm or threats to the life, health, dignity, reputation, and property of the protected person in accordance with the provisions of the law.

The authority to make decisions on the application of protective measures are prescribed as follows:

- The Director of the Anti-Drug Crime Department of the Border-Guard Command, the Commander of the Special Forces Unit under the Anti-Drug Crime Department of the Border-Guard Command, the Commander of the Provincial Border-Guard Command, the Commander of the Border Patrol Station, the Commander of the Coast Guard, the Commander of the Port Border Defense Unit; the Director, the Commander of the Region, the Commander of the Special Forces Group in the Anti-Drug Crime Department, the Commander of the Coast Guard, the Captain of the Coast Guard, and the Captain of the Operational Team of the Coast Guard within the Coast Guard force shall have the authority to decide on the appropriate protective measures and organize the implementation thereof.

- In the absence of the designated authority at this point, a deputy shall be entrusted to exercise the authority of the designated authority and shall be responsible to the designated authority for the assigned tasks.

In necessary cases, the person competent to decide on the application of protective measures has the right to request local authorities, relevant organizations, and individuals to coordinate in implementing the necessary safety measures for the victims and their families.

View other provisions at Circular No. 78/2013/TT-BQP of the Ministry of National Defense of Vietnam, effective from August 09, 2013.

Thu Ba

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