Vietnam: Which sources of documentation and evidence shall be used for determining victims of human trafficking?

According to Circular No. 78/2013/TT-BQP of the Ministry of National Defense of Vietnam, the Border-Guard Command and Coast Guard are responsible for rescuing and receiving victims who are returned by foreign countries and those who return to Vietnam themselves. The Border-Guard Command and Coast Guard are required to coordinate with relevant agencies to carry out procedures for receiving, verifying, and identifying victims in accordance with the Law on Prevention and Combat of Human Trafficking, Decree No. 62/2012/ND-CP dated August 13, 2012 of Vietnam’s Government and its guiding documents.

According to Circular No. 78/2013/TT-BQP, the determination of victims of human trafficking must be based on the following sources of documentation and evidence:

- Documents and evidence provided by the prosecuting agencies;

- Information and documents provided by the victim rescue agencies;

- Information and documents provided by the overseas Vietnamese representative agencies;

- Documents provided by the competent foreign agencies and organizations;

- Statements and documents provided by the victims themselves;

- Statements and documents provided by individuals involved in the human trafficking activities;

- Statements and documents provided by witnesses who know of the incident well;

- Other legally obtained information and documents.

Concurrently, Circular No. 78/2013/TT-BQP also stipulates the support for victims of trafficking in border, coastal, and island areas as follows:

- The Border-Guard Command and Coast Guard, when rescuing or taking primary responsibility for receiving victims returned by foreign countries, are responsible for providing necessary support to meet the victims' essential needs as required by the Law on Prevention and Combat of Human Trafficking, Decree No. 09/2013/ND-CP dated January 11, 2013 of Vietnam’s Government and its guiding documents. This support includes:

+ Arranging temporary accommodation and providing support for food, clothing, and other essential items;

+ Providing initial healthcare and psychological support to alleviate trauma;

+ Providing transportation and meal expenses during the travel period, and guiding victims through the process of receiving support as prescribed by the law for those who wish to return to their place of residence.

- After receiving victims who do not fall under the above-mentioned cases, appropriate procedures should be promptly conducted to transfer the victims to the competent authorities for the implementation of support measures as prescribed.

View other relevant 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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