Joint Circular No. 01/2014/TTLT-BCA-BQP-BLDTBXH-BNG guiding the procedures, formalities, and coordination relationships in verifying, identifying, receiving, and returning victims of trafficking

JOINT CIRCULAR

Guidelines on the procedures, formalities, and coordination relationships in verifying, identifying, receiving, and repatriating victims of trafficking.

verifying, identifying, receiving, and repatriating victims of trafficking.

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Based on the Law on Prevention and Control of Trafficking in Persons 2011;

Pursuant to Decree No. 36/2012/NĐ-CP dated April 18, 2012, of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;

Based on Decree No. 62/2012/NĐ-CP dated August 13, 2012 of the Government stipulating the criteria for identifying victims of trafficking and ensuring their safety.

The Minister of Public Security, the Minister of National Defense, the Minister of Labor, Invalids and Social Affairs, and the Minister of Foreign Affairs issue this Joint Circular to guide the procedures, formalities, and coordination relationships among competent agencies of the Ministry of Public Security, the Ministry of National Defense, the Ministry of Labor, Invalids and Social Affairs, and the Ministry of Foreign Affairs in verifying, identifying, receiving, and repatriating victims of trafficking (referred to as victims) as prescribed in Articles 24, 25, and 26 of the Law on Prevention and Control of Trafficking in Persons. In cases where international treaties or agreements to which Vietnam is a party provide different provisions, such treaties or agreements shall be followed.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. This Joint Circular guides the procedures, formalities, and coordination relationships between competent agencies of the Ministry of Public Security, the Ministry of National Defense, the Ministry of Labor, Invalids and Social Affairs, and the Ministry of Foreign Affairs in verifying, identifying, receiving, and repatriating victims of trafficking (referred to as victims) as prescribed in Articles 24, 25, and 26 of the Law on Prevention and Control of Trafficking in Persons. Where international treaties or agreements to which Vietnam is a party provide different provisions, such treaties or agreements shall be followed.

Victims referred to in this Joint Circular are identified according to Article 5 of Decree No. 62/2012/NĐ-CP dated August 13, 2012 of the Government stipulating the criteria for identifying victims of trafficking and ensuring their safety.

2. This Joint Circular applies to victims who are Vietnamese citizens residing within the country and abroad, foreign nationals residing in Vietnam, competent agencies of the Ministry of Public Security, the Ministry of National Defense, the Ministry of Labor, Invalids and Social Affairs, and the Ministry of Foreign Affairs with authority to verify, identify, receive, and repatriate victims of trafficking, and other relevant agencies, organizations, and individuals.

Article 2. Principles for verification, identification, reception, and repatriation of victims

1. Compliance with laws on prevention and control of trafficking in persons.

2. Ensuring promptness, accuracy, and safety; protecting the lives, health, dignity, and respecting the legitimate rights and interests of victims.

3. Ensuring confidentiality of information about victims and their relatives as provided by law.

Article 3. Funding Assurance

Funding for verification, identification, reception, and repatriation of victims shall be guaranteed from the state budget within the annual regular expenditure budget allocated to relevant agencies and units in accordance with the State Budget Law and related implementing regulations.

Chapter II

VERIFICATION, IDENTIFICATION, AND RECEIPT OF VIETNAMESE CITIZENS TRAFFICKED ABROAD

FOREIGN ACQUISITION OF VIETNAM-BASED ASSETS

Article 4. Verification, Identification, and Reception of Victims Residing Abroad

1. Diplomatic missions, consular offices, or other entities authorized to perform consular functions of Vietnam overseas (collectively referred to as Vietnamese diplomatic missions overseas), upon receipt of information and documents about victims from competent authorities of foreign countries, international organizations, or domestic competent agencies of Vietnam, or from victims or individuals reporting the matter, shall undertake the following actions:

a) In cases where there is information indicating that the victim has not been rescued, immediately notify the competent authority of the host country to coordinate in checking, verifying, and organizing rescue if the source of information is deemed credible.

b) In cases where the victim has already been rescued or claims to be a victim and reports to a Vietnamese diplomatic mission overseas:

- Conduct checks, verify information, and collect documents related to the victim's trafficking and proof of Vietnamese citizenship and Vietnamese entry-exit documents;

- Guide the victim to fill out the Declaration Form for Victims of Trafficking Returning from Overseas (Model Declaration Form attached as Appendix 1 to this Joint Circular). In cases where the victim is a child or unable to self-report, the receiving officer shall record their statements;

- If sufficient grounds exist to determine that the individual is a Vietnamese citizen and a victim, implement protective measures for citizens and cooperate with the competent authority of the host country to support the victim's essential needs; issue travel documents for the victim to return home in cases where they lack valid entry-exit documents. If insufficient grounds exist to determine Vietnamese citizenship or victim status, within three days from receipt of information and documents about the person claiming to be a victim, the Vietnamese diplomatic mission overseas shall send a written report along with the person's file (including the completed Declaration Form with all personal details, information, and documents provided by the foreign side, international organization, or collected by the Vietnamese diplomatic mission overseas) to the Immigration Management Department of the Ministry of Public Security for verification as stipulated in Clause 2 of this Article, and simultaneously send it to the Consular Department of the Ministry of Foreign Affairs for coordination.

Within three days from receipt of the reply from the Immigration Management Department, the Vietnamese diplomatic mission overseas shall issue travel documents for the victim in cases where they agree to return without valid entry-exit documents. For cases where identity cannot be determined or insufficient grounds exist to determine victim status, handle according to general Vietnamese and host country laws;

- Undertake necessary procedures (arrange transportation, exit visas) and cooperate with the competent authority of the host country and international organizations (if applicable) to organize the return of victims with valid entry-exit documents; notify the Immigration Management Department in writing of the means of transport, time, and entry port; detailed personal information, number and type of entry-exit documents of the victim, and host country officials or international organization staff accompanying the victim (if applicable) at least five days before the victim's entry to organize reception as stipulated in Clause 3 of this Article.

2. Verification and identification of victims by competent agencies in the country:

a) Immediately upon receipt of the request for verification document from the overseas representative agency of Vietnam as stipulated in point b, Clause 1, Article of this provision, the Immigration Administration Department shall be responsible for organizing verification or directing the Provincial Public Security Exit and Entry Administration Agency (hereinafter referred to as the Provincial Public Security Exit and Entry Administration Agency) to conduct verification, while sending the document to the Social Order Crimes Investigation Police Bureau under the Ministry of Public Security for coordination in verification when necessary.

Within ten (10) days from the date of receipt of the verification request letter, the Provincial Public Security Exit and Entry Administration Agency shall report the verification results to the Immigration Administration Department via secure telecommunication or fax, and send it in writing at the same time.

b) Within no more than three (3) days from the date of receipt of the verification results, the Immigration Administration Department shall be responsible for replying to the overseas representative agency of Vietnam and simultaneously sending the document to the Consular Affairs Department for coordination.

3. Organization to receive victims returning through international airport border gates:

a) The Immigration Administration Department shall take the lead and coordinate with relevant functional agencies under ministries and sectors to implement the reception as follows:

- At least three (3) days before the expected entry date of the victim, the Immigration Administration Department shall notify the time, location, and list of victims returning to the Social Order Crimes Investigation Police Bureau and the Department of Labor, Invalids and Social Affairs at the place where the victim will enter the country for coordination in receiving them;

- At the border gate where the victim enters: carry out the verification, inspection, and reception of the victim; sign the Handover Record of Victims Trafficked from Abroad (model Handover Record of Victims Trafficked from Abroad attached as Appendix 3 issued together with this Joint Circular) with the foreign competent authority (if any); process entry formalities for the victim; check the victim's file handed over by the foreign side or brought back by the victim; if there is no Declaration Form for Victims Trafficked from Abroad, guide the victim to fill it out; issue a Certificate of Return to the victim (model Certificate of Return attached as Appendix 5 issued together with this Joint Circular);

- If the victim wishes to return to their place of residence on their own, they shall be supported with travel expenses and food during the journey. In cases where the victim is a child or unable to return to their place of residence, notify relatives to come and receive them or arrange someone to bring them to the place where the victim's relatives reside. In cases where the victim has no place of residence or wishes to stay at a social welfare facility or victim support facility, or if the victim is a child without a home, hand over the victim (along with related documents) to the Department of Labor, Invalids and Social Affairs at the place where the border gate is located for handling according to the law;

- Notify in writing the Provincial Public Security Exit and Entry Administration Agency where the victim resides for management and monitoring.

b) At the border gate where the victim enters, the Social Order Crimes Investigation Police Bureau shall cooperate with the Immigration Administration Department to take initial statements from the victim to gather information and materials about organizations and individuals involved in human trafficking, serving investigation and prosecution according to the law.

c) After receiving the handover of the victim from the Immigration Administration Department, the Department of Labor, Invalids and Social Affairs at the place where the border gate is located shall be responsible for bringing the victim to a social welfare facility or victim support facility in their locality to provide assistance according to the law.

4. Organization to receive victims returning through land, railway, and seaport border gates:

a) The Immigration Administration Department shall notify the provincial public security department at the place where the border gate is located at least three (3) days before the expected entry date of the victim to direct the Provincial Public Security Exit and Entry Administration Agency and the Social Order Crimes Investigation Police Station to coordinate with relevant agencies to organize the reception.

b) Upon receipt of the notification from the Immigration Administration Department, the provincial public security department at the place where the border gate is located shall be responsible for exchanging and agreeing on the reception plan with the Border Guard Command and the Department of Labor, Invalids and Social Affairs at the place where the border gate is located to coordinate in receiving the victims.

c) The Border Gate Public Security Station where the victim enters shall be responsible for implementing: verification and inspection of the victim; signing the Handover Record of Victims Trafficked from Abroad with the foreign competent authority; guiding the victim to fill out the Declaration Form for Victims Trafficked from Abroad and processing entry formalities for the victim, then handing over the victim to the Provincial Public Security Exit and Entry Administration Agency (model Handover Record of Victims Trafficked from Abroad attached as Appendix 4 issued together with this Joint Circular).

d) After receiving the handover of the victim, the Provincial Public Security Exit and Entry Administration Agency shall issue a Certificate of Return to the victim (model Certificate of Return attached as Appendix 6 issued together with this Joint Circular) and coordinate with the Social Order Crimes Investigation Police Station of the provincial public security department to take initial statements from the victim to gather information and materials about organizations and individuals involved in human trafficking, serving investigation and prosecution according to the law.

If the victim wishes to return to their place of residence on their own, they shall be supported with travel expenses and food during the journey; in cases where the victim is a child or unable to return to their place of residence, notify relatives to come and receive them or arrange someone to bring them to the place where the victim's relatives reside; in cases where the victim has no place of residence or wishes to stay at a social welfare facility or victim support facility, or if the victim is a child without a home, hand over the victim (along with related documents) to the Department of Labor, Invalids and Social Affairs at the place where the border gate received the victim for assistance according to the law.

đ) After completing the above procedures, the Provincial Public Security Exit and Entry Administration Agency where the victim is received shall notify the Provincial Public Security Exit and Entry Administration Agency where the victim resides for management and monitoring.

e) The Department of Labor, Invalids and Social Affairs shall, upon receiving the handover of the victim from the Provincial Public Security Exit and Entry Administration Office, be responsible for placing the victim in a social welfare facility or a local victim support facility to provide assistance in accordance with the provisions of the law.

Article 5. Verification, Identification, and Reception of Victims Returning from Abroad on Their Own

1. In cases where victims return from abroad and report at Border Guard Posts or are discovered in border areas, islands, or at sea by Border Guards or Coast Guard:

a) Border Guard Posts and Coast Guard shall carry out the following:

- Providing temporary accommodation and essential needs support for individuals claiming to be victims if necessary;

- Taking statements from victims; examining relevant documents concerning their identity, nationality, and information materials serving as the basis for identifying victims;

- Collecting information and materials related to organizations or individuals involved in human trafficking that the victim is aware of, to serve investigative work and efforts to prevent and combat human trafficking crimes;

- Handing over the victim to the nearest People's Committee of the commune where they reported or were discovered.

b) The People's Committee of the commune, the Department of Labor, Invalids and Social Affairs of the district, and the district-level public security agency shall implement reception, verification according to the provisions of Article 6 of this Joint Circular.

2. In cases where victims return from abroad and report to public security agencies or local authorities, the reception, verification, identification, and support for victims shall be carried out as stipulated for domestic human trafficking victims under Article 6 of this Joint Circular.

Chapter III

RECEPTION, VERIFICATION, AND IDENTIFICATION OF DOMESTIC HUMAN TRAFFICKING VICTIMS

WHO ARE VIETNAMESE CITIZENS

Article 6. Reception, Verification, and Identification of Victims Reporting Themselves

1. When receiving victims or their legal representatives reporting incidents of being trafficked, the People's Committee or the police station at the commune level shall guide them to fill out the Declaration Form for Domestic Human Trafficking Victims (model Declaration Form for Domestic Human Trafficking Victims attached as Appendix 2 to this Joint Circular). If the declarant is a minor or unable to complete the form themselves, the receiving officer shall record their statement. They shall also provide essential needs support for individuals claiming to be victims if necessary, and notify the Department of Labor, Invalids and Social Affairs of the district to proceed with the procedures specified in Clause 2 of this Article.

2. Within no more than three (3) days from the date of receipt of notification from the People's Committee or the police station at the commune level about the victim, the Department of Labor, Invalids and Social Affairs of the district shall perform the following tasks:

a) Where there are certificates or documents confirming the victim, arrange for them to return to their place of residence or enter a social welfare facility or a victim support facility as prescribed;

b) Where there are no certificates or documents confirming the victim, send a request to the district-level public security agency where the victim resides or where the incident of human trafficking was claimed to have occurred for verification. During the waiting period for verification, the individual claiming to be a victim shall receive essential needs support in accordance with the law. Upon receipt of the verification result from the district-level public security agency confirming the victim status, the support for the victim shall be provided as in the case of sufficient evidence confirming the victim status as specified in point a of this clause.

3. The district-level public security agency where the person claiming to be a victim resides or where the incident of human trafficking was claimed to have occurred shall undertake the following responsibilities:

a) Verify and identify the victim and respond within no more than twenty (20) days from the date of receipt of the verification request letter from the Department of Labor, Invalids and Social Affairs of the district (as stipulated in point b of Clause 2 of this Article);

b) Where verification confirms sufficient evidence to establish the victim status, issue a Certificate of Human Trafficking Victim (model Certificate of Human Trafficking Victim attached as Appendix 7 to this Joint Circular), and send the verification results and certificate to the Department of Labor, Invalids and Social Affairs for handling the victim's support in accordance with the regulations;

c) For complex cases or verifications involving multiple locations, the district-level public security agency shall report to the provincial public security agency (Investigation Police Department) for guidance on verification. In such cases, the verification response deadline shall not exceed sixty (60) days from the date of receipt of the report from the district-level public security agency. After verification, if sufficient evidence confirms the victim status, the verifying agency shall respond and issue a Certificate of Human Trafficking Victim and notify the district-level public security agency to proceed with the tasks specified in point b of this clause.

Article 7. Verification and identification of rescued victims

1. The rescue agency (Police, Border Guard, Coast Guard) shall perform the following tasks:

a) In cases where there is sufficient basis to determine that the rescued person is a victim, provide essential support to the victim; issue a Certificate of Victim of Trafficking; hand over the victim to the Department of Labor - Invalids and Social Affairs at the district level where the rescue took place for the procedures specified in Clause 2 of this Article.

b) In cases where there is insufficient basis to determine that the person is a victim, after providing essential support, the rescue agency shall hand over the rescued person to the Department of Labor - Invalids and Social Affairs of the locality for placement in a social welfare facility or victim support facility.

2. The Department of Labor - Invalids and Social Affairs at the location of rescue shall perform the following tasks:

a) In cases where the rescued person has been issued a Certificate of Victim of Trafficking, provide support according to the provisions of the law;

b) In cases where there is insufficient basis to determine that the person is a victim, submit a request for verification and identification of the victim to the Police Department at the district level where the rescued person is located; upon receiving the verification results, proceed with the procedures as stipulated for domestic trafficking victims under Clause 2 of Article 6 of this Joint Circular.

3. The Police Department at the district level where the rescued person is located shall verify and identify the victim and report the results to the Department of Labor - Invalids and Social Affairs as provided for in Clause 3 of Article 6 of this Joint Circular.

If the Police Department at the district level determines that the person is not a victim, the Director of the Department of Labor - Invalids and Social Affairs shall coordinate with the Director of the social welfare facility or victim support facility to carry out the procedures to remove the rescued person from the social welfare facility or victim support facility according to the provisions of the law.

Chapter IV

RECEIVING, VERIFYING, IDENTIFYING AND HANDING OVER FOREIGN VICTIMS OF TRAFFICKING IN VIETNAM

FOREIGN ACQUISITION IN VIETNAM

Article 8. Receiving, verifying, and identifying victims

1. In cases where the victim has not yet been rescued:

Upon receiving information and documents about the victim from foreign competent authorities, international organizations, domestic agencies and organizations, or from individuals who report the matter, the agency receiving the information shall immediately inform the Provincial Police Department's Criminal Investigation Division on Social Order Crimes where the victim is held for verification, investigation, and rescue.

2. In cases where the victim has already been rescued or self-reported as a victim:

a) The Police, Border Guard, or Coast Guard agency where the victim was rescued, or the Police agency (at commune, district, provincial levels) where the person claiming to be a victim is received, shall provide essential support to the victim if necessary and immediately transfer the person to the Department of Labor - Invalids and Social Affairs at the location where the victim was rescued or the nearest location where the victim reported being trafficked. If the rescued person has sufficient basis to be determined as a victim, the rescue agency shall issue a Certificate of Victim of Trafficking before transferring the person.

b) After receiving the victim, the Department of Labor - Invalids and Social Affairs shall immediately perform the following actions:

- Place the victim in a social welfare facility or victim support facility and report to the Provincial Department of Labor - Invalids and Social Affairs for instructions on supporting the victim during the waiting period for verification;

- Notify the Provincial Department of Foreign Affairs of the location where the victim is kept to implement diplomatic work as prescribed;

- Notify the Provincial Public Security Department's Immigration Management Agency of the information to carry out the tasks mentioned in point c of this clause.

c) Within no more than three days from receiving information about the victim, the Provincial Public Security Department's Immigration Management Agency shall cooperate with the Provincial Department of Foreign Affairs to promptly contact the victim and perform the following tasks:

- Check identity documents, entry and exit records, residence status of the victim in Vietnam; take a preliminary statement (if the victim does not know Vietnamese, an interpreter shall be used during the statement taking process);

- Take six (6) photographs measuring 4cm x 6cm and guide the victim to fill out the Form for Victims of Domestic Trafficking. For child victims or those who do not know Vietnamese, the interpreter shall record their statements;

- Report to the National Immigration Administration and attach the following documents: Form for Victims of Domestic Trafficking, five (5) photographs of the victim, Certificate of Victim of Trafficking (if available), preliminary statement results of the victim, and other relevant documents (if available);

- In cases where there is insufficient basis to determine the victim, a request must be made in writing to the Provincial Police Department's Criminal Investigation Division on Social Order Crimes where the victim claims to have been trafficked or rescued for further verification. Within twenty (20) days from receiving the verification request, the Provincial Police Department's Criminal Investigation Division on Social Order Crimes must respond to the Provincial Public Security Department's Immigration Management Agency to report to the National Immigration Administration;

d) Within no more than three (3) days from receiving the report on the victim from the Provincial Public Security Department's Immigration Management Agency, the National Immigration Administration shall check the information related to the entry and exit, residence status of the victim and exchange letters with the Consular Department, attaching the Form for Victims of Domestic Trafficking, three (3) photographs, and the Certificate of Victim of Trafficking and other relevant documents (if available);

đ) Within no more than three (3) days from receiving the letter from the National Immigration Administration, the Consular Department shall send a diplomatic note (with the victim's file and two (2) photographs) to the diplomatic mission of the country where the victim claims to hold citizenship (or permanent residence) to request protection, verification, and repatriation of the victim.

Article 9. Repatriation of Victims

1. The Consular Affairs Department, upon receiving the diplomatic note from the diplomatic mission of the country where the victim is a citizen (or resident) agreeing to accept the return, accompanied by travel documents issued for the victim, shall be responsible for coordinating with the foreign side on the time, border gate, and transportation means for repatriating the victim (if the foreign side cannot arrange transportation, it may request international organizations in Vietnam to assist), and then notify in writing and transfer the victim's exit and entry documents to the Exit and Entry Administration Department.

2. The Exit and Entry Administration Department shall within five (5) days from the date of receipt of the notification from the Consular Affairs Department be responsible for implementing:

a) Issuing an exit visa and temporary residence permit for the victim (fees waived, the duration of the visa and temporary residence permit shall be appropriate to the period for repatriating the victim);

b) Notifying the provincial Exit and Entry Management Agency, Provincial Department of Labor, Invalids and Social Affairs, International Airport Border Gate Police Station or Frontier Guard Border Gate Station, and relevant international organizations (if applicable) about the plan to repatriate the victim;

c) Transferring the victim's exit and entry documents and related materials to the provincial Exit and Entry Management Agency where the victim is being held for the purpose of repatriation procedures.

3. The provincial Department of Labor, Invalids and Social Affairs where the victim is being held shall direct social welfare institutions or victim support organizations to transport the victim to the border gate and coordinate with relevant agencies to carry out the repatriation process.

4. At the border gate for repatriation, the provincial Exit and Entry Management Agency where the victim is being held shall cooperate with the International Airport Border Gate Police Station to handle the exit procedures for the victim (if the victim returns by air) or hand over to the Frontier Guard at the international land border gate for repatriation to the foreign side (if the victim returns by land).

Chapter V

IMPLEMENTING PROVISIONS

Article 10. Effective Date

This Circular takes effect from March 25, 2014, and replaces Circular Jointly Issued No. 03/2008/TTLT-BCA-BQP-BNG-BLDTBXH dated May 8, 2008, jointly issued by the Ministries of Public Security, Defense, Foreign Affairs, and Labor, Invalids and Social Affairs, guiding the procedures and formalities for verifying, identifying, accepting, and repatriating women and children trafficked from abroad.

Article 11. Responsibility for Implementation

Departments and functional units of the Ministries of Public Security, Defense, Labor, Invalids and Social Affairs, and Foreign Affairs, within their respective functions, duties, and authorities, shall be responsible for organizing the implementation of this Circular; they shall report annually on the situation and results of verification, identification, acceptance, and repatriation of trafficking victims to the Office of the Permanent Steering Committee for Crime Prevention and Drug Control under the Ministry of Public Security.

During the implementation of this Circular, if there are any difficulties, agencies, units, and localities shall reflect them to the Ministry of Public Security, Ministry of Defense, Ministry of Labor, Invalids and Social Affairs, and Ministry of Foreign Affairs for timely guidance./.