Joint Circular No. 03/2008/TTLT-BCA-BQP-BNG-BLDTBXH guiding the procedures and formalities for verifying and receiving women and children who have been trafficked from abroad and returned to Vietnam.

JOINT CIRCULAR

Guidelines on the procedures and formalities for verifying and receiving women and children repatriated from abroad who have been trafficked

Pursuant to Decree No. 86/2002/NĐ-CP of November 5, 2002 of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;
Pursuant to Decision No. 130/2004/QĐ-TTg of July 14, 2004 of the Prime Minister approving the Action Program to prevent and combat trafficking in women and children from 2004 to 2010;
Pursuant to Decision No. 17/2007/QĐ-TTg of January 29, 2007 of the Prime Minister promulgating the Regulation on receiving and supporting the reintegration into society of women and children repatriated from abroad who have been trafficked,
The Ministry of Public Security, the Ministry of National Defense, the Ministry of Foreign Affairs, and the Ministry of Labor, War Invalids and Social Affairs provide guidelines on the procedures and formalities for verifying and receiving women and children who are Vietnamese citizens repatriated from abroad who have been trafficked (hereinafter referred to as victims) to implement the Regulation on receiving and supporting the reintegration into society of women and children repatriated from abroad who have been trafficked (hereinafter referred to as the Regulation), as follows:

This technical regulation sets out technical requirements, testing methods, sampling procedures; management requirements; responsibilities of organizations and individuals producing, trading, and importing cigarettes.

1. On organizing verification and reception of victims

a) The Immigration Management Department (IMD) of the Ministry of Public Security shall be responsible for taking the lead, coordinating with competent agencies of relevant ministries and sectors, and directing immigration management forces under provincial public security services (hereinafter referred to as provincial public security services) to organize the verification and reception of:

- Victims returned to Vietnam pursuant to bilateral agreements between the Government of Vietnam and foreign governments; or between the Ministry of Public Security of Vietnam and competent agencies of foreign countries regarding the return of citizens (hereinafter referred to as bilateral agreements).

- Victims whose information and documents were received by Vietnamese diplomatic missions, consular offices, or other agencies authorized to perform consular functions overseas (hereinafter collectively referred to as Vietnamese representative offices overseas), which then request the IMD to verify.

b) The General Staff of the Border Guard Force of the Ministry of National Defense shall be responsible for taking the lead, coordinating with competent agencies of relevant ministries and sectors, and directing border guard forces to organize the verification and reception of victims rescued and returned or self-returned through land borders without following the procedures set out in point a of Clause 1 of this Section.

2. On identifying victims

a) Women and children shall be identified as victims trafficked abroad for exploitation purposes (forced prostitution or other forms of sexual exploitation, forced labor or service, slavery, or servitude, or removal of body parts) if they fall into one of the following categories:

- They were subjected to violence or threats of violence; kidnapped; or coerced in various ways to be sold abroad.

- They were deceived or exploited due to their vulnerability to be sold abroad or taken abroad to receive another material benefit.

b) Identifying victims is the responsibility of the competent agencies specified in point c of Clause 2 of this Section to verify and conclude that women and children returning from abroad are victims within the scope of the Regulation. Identification of victims is based on the following grounds:

- Documents and evidence provided by foreign sources.

- Statements and evidence provided by victims.

- Results of verification by the provincial public security service where the victim usually resides.

- Results of verification by the border guard force of the province.

- Statements of perpetrators of trafficking offenses.

- Other sources of information.

c) Responsibility for identifying victims:

- The IMD and immigration management agencies under provincial public security services at border areas shall be responsible for identifying victims received under bilateral agreements.

- Vietnamese representative offices overseas shall be responsible for identifying victims currently residing abroad whose information and documents were received by Vietnamese representative offices overseas.

- Border guard forces of provinces at border areas shall be responsible for identifying victims rescued and returned or self-returned through land borders.

- Immigration management agencies under provincial public security services where victims usually reside shall be responsible for identifying victims who have returned to their localities without being received.

In this technical regulation, the following terms are understood as follows:

a) Proof of Vietnamese citizenship includes the following documents used as grounds for determining that a victim has Vietnamese citizenship: Certificate of Vietnamese nationality; Decision on granting Vietnamese nationality; Decision on restoring Vietnamese nationality; Decision recognizing adoption of a child who is a foreign national; Registration confirmation issued by Vietnamese representative offices overseas; Household registration book; Voter's card; Birth certificate; Identity card, Vietnamese passport, or other travel documents issued by competent authorities of Vietnam.

b) Declaration form for women and children repatriated from abroad who have been trafficked is a form for victims to declare their personal history and issues related to being trafficked abroad.

c) Certificate of return for women and children repatriated from abroad who have been trafficked is a document issued to victims after they are received for use in traveling, registering household registration, and serving as a basis for competent agencies to implement policies for victims when they return to their localities.

d) Reception facility for victims is a place where initial procedures are handled and necessary support is provided to victims upon reception.

- The Immigration Management Department establishes reception facilities for victims at international airport checkpoints.

- Provincial public security services at border areas direct border district public security services to establish reception facilities for victims at appropriate locations within border areas.

- The Border Guard Command directs border guard forces at border provinces to establish reception facilities for victims at border guard posts.

II. PROCEDURES AND FORMALITIES FOR VERIFICATION, IDENTIFICATION, AND RECEIPT OF VICTIMS

1. Procedures and formalities for verification, identification, and receipt of victims under the framework of bilateral agreements

a) For victims residing in a country not bordering Vietnam

a.1) Receiving and processing information and documents about victims

- The Department of Overseas Vietnamese Affairs receives requests from foreign competent authorities regarding the repatriation of citizens and information about victims such as: documents proving Vietnamese nationality; information and materials related to the victim being trafficked abroad...

- After receiving information and materials about the victim, the Department of Overseas Vietnamese Affairs sends a letter requesting the local police station where the victim declares their permanent residence to verify the victim's identity and grounds for identification. The verification and response period shall not exceed twenty working days.

- Within ten working days from the date of receipt of the verification results, the Department of Overseas Vietnamese Affairs replies to the foreign side. In cases where it is confirmed that the victim is indeed a victim and agrees to repatriate them, a travel permit to return to Vietnam will be issued and attached to the reply letter.

- If the victim has documents proving Vietnamese nationality and meets the conditions for repatriation under bilateral agreements, within five working days from the date of receipt of the request from the foreign side, the Department of Overseas Vietnamese Affairs issues a travel permit to return to Vietnam and attaches it to the reply letter agreeing to accept the victim, or informs the Vietnamese representative office abroad to issue a travel permit to return to Vietnam for the victim.

a.2) Organization for receiving victims

- The Department of Overseas Vietnamese Affairs notifies the provincial Department of Labor, Invalids and Social Affairs, Health Department, Women's Union of the province where the victim resides about the reception plan and list of victims at least three working days before the victim arrives at the border gate.

- The Department of Overseas Vietnamese Affairs receives victims handed over by foreign competent authorities at international airport border gates, processes entry formalities, and transports the victims to reception facilities.

- At the victim reception facility: The Department of Overseas Vietnamese Affairs leads and coordinates with the provincial Department of Labor, Invalids and Social Affairs, Health Department, Women's Union of the province where the victim resides to perform the following tasks:

+ Conducting a quick interview with the victim to classify and provide initial support including: providing essential living supplies; counseling on psychological and legal matters; conducting health examinations.

+ Guiding the victim to fill out the declaration form for women and children trafficked from abroad returning home. In cases where the victim is a child, an ethnic minority, or unable to fill out the form themselves, staff at the reception facility assist in filling out the form based on the victim's statements; collecting and gathering information and materials on organizations and individuals involved in human trafficking known to the victim and reporting this information to the provincial Public Security Investigation Department for social order crimes.

+ Issuing a certificate of return to the victim.

+ In cases where the victim wishes to return home immediately, financial assistance for transportation and food expenses is provided, and a notification letter is sent to the provincial Department of Labor, Invalids and Social Affairs where the victim resides to implement benefits and policies for the victim.

For victims requiring health and psychological care before reintegration into society, if the victim is a child, they are transferred to the provincial Department of Labor, Invalids and Social Affairs where the victim resides within fifteen days from the date of reception; the handover record clearly identifies the person returning as a victim.

b) For victims residing in a country adjacent to Vietnam

b.1) Receiving and processing information and materials about victims

- The Border Province Public Security Management Department receives requests from foreign competent authorities regarding the repatriation of citizens and information about victims.

In cases where the request from foreign competent authorities and information are sent through border gate border guards, the border gate border guards immediately transfer them to the Border Province Public Security Management Department for handling.

- After receiving information and materials about the victim, the Border Province Public Security Management Department sends a letter requesting the local police station where the victim declares their permanent residence to verify the victim's identity and grounds for identification. The verification and response period shall not exceed twenty working days.

If the victim declares their permanent residence in the province itself, the Border Province Public Security verifies; if the victim declares their permanent residence in a border commune, a letter requesting verification is sent to the Border Guard Force of the province where the victim declares their permanent residence. The verification period shall not exceed ten working days.

- Within five working days from the date of receipt of the verification results, the Border Province Public Security Management Department replies to the foreign competent authority agreeing or not agreeing to accept.

- If the victim has documents proving Vietnamese nationality and falls within the category agreed to be repatriated under bilateral agreements, within five working days from the date of receipt of the request, the Border Province Public Security replies to the foreign competent authority agreeing or not agreeing to accept.

b.2) Organizing the reception of victims

- The Border Province Public Security Management Department coordinates with the foreign competent authority regarding the list, time, means of transport, and border gate for receiving victims; notifies the Border Guard Force of the province, provincial Department of Labor, Invalids and Social Affairs, Health Department, Women's Union of the reception location at least three working days in advance for coordination and initial support for the victim.

- The border gate border guard receives victims handed over by foreign competent authorities at land border gates; hands over the victims to the Border Province Public Security Management Department for transportation to reception facilities.

- At the victim reception facility, the Border Province Public Security Management Department leads and coordinates with relevant agencies at the reception location to perform tasks as stipulated in Article 3, Point a.2, Clause 1, Section II.

2. Procedures and formalities for verifying and receiving victims reported by Vietnamese representative offices abroad and requested to be verified by the Department of Overseas Vietnamese Affairs

a) Receiving and processing information and materials about victims reported by Vietnamese representative offices abroad

a.1) Vietnamese representative offices abroad receive and process information and materials about victims provided by foreign competent authorities, exchanged by Vietnamese competent authorities, or directly reported by victims seeking to return home.

a.2) Cooperate with the competent authority of the host country to quickly contact the victim to verify information and collect evidence proving Vietnamese nationality (if available); guide the victim to fill out the declaration form for women and children repatriated from abroad who have been trafficked. In cases involving children, ethnic minorities, or individuals unable to fill out the declaration themselves, staff of the Vietnamese representative office abroad shall assist in filling out the form based on the victim's statements.

a.3) Send a document requesting the Department of Overseas Vietnamese Affairs to verify the identity of the victim and the grounds for determining the victim's status. The verification and response period shall not exceed thirty working days.

For special cases such as: children without accompanying adults; women and children lacking capacity to act; women and children who need protection as witnesses; women and children who are ill or seriously ill, the Vietnamese representative office abroad must clearly state the condition of the victim and request the Department of Overseas Vietnamese Affairs to verify and respond as soon as possible.

a.4) Based on the verification results from the Department of Overseas Vietnamese Affairs and collected information and documents, if the victim is confirmed, the Vietnamese representative office abroad shall provide travel documents, arrange for the victim's return to Vietnam, and notify the Department of Overseas Vietnamese Affairs three working days in advance about the time and border gate of entry for the victim. The notification to the Department of Overseas Vietnamese Affairs must clearly identify the returning individual as a victim.

a.5) If it can be immediately determined through verified information and documents that the victim is a Vietnamese citizen, urgent measures shall be taken to protect citizens; provide initial support for victims facing difficulties with accommodation and essential living supplies; issue travel documents and arrange for the victim's earliest possible return to Vietnam.

b) Organize the reception of victims

After receiving the notification from the Vietnamese representative office abroad regarding the plan for the victim's return, the Department of Overseas Vietnamese Affairs shall organize the reception (if the victim returns through an international airport) as stipulated in point a.2, clause 1, section II or notify the provincial immigration management agency and Border Guard Force to cooperate in the reception (if the victim returns through a land border crossing) as stipulated in point b.2, clause 1, section II.

3. Procedures and formalities for verifying and receiving victims rescued and returned or self-returning through the land border

The Border Guard Unit receives the victim, brings them to the reception facility at the border guard post, and implements the following actions:

a) Quickly interview the victim to classify and provide initial support, including: providing essential living supplies; psychological counseling; legal advice; health check-up.

b) Collect and verify documents proving Vietnamese nationality, guide the victim to fill out the declaration form for women and children repatriated from abroad who have been trafficked. In cases involving children, ethnic minorities, or individuals unable to fill out the declaration themselves, reception staff shall assist in filling out the form based on the victim's statements; gather information and documents about organizations or individuals involved in human trafficking known to the victim and report this information to the Social Order Crimes Investigation Police Department of the provincial public security agency.

c) Conduct verification on the victim as follows:

If the victim claims to reside in a border commune, direct the Border Guard Force to conduct verification within fifteen working days. If the victim claims to reside elsewhere, send a document requesting the local police station where the victim claims residence to conduct verification; the verification and response period shall not exceed twenty working days.

d) Based on the verification results and collected information and documents, if the victim is confirmed, the provincial Border Guard shall send a document requesting the provincial immigration management agency to issue a certificate for the victim's return to Vietnam, accompanied by the victim's declaration form. The document must clearly state that the returning individual is a victim.

đ) If the victim has documents proving Vietnamese nationality and wishes to return home immediately, the provincial Border Guard shall provide funds for transportation and food expenses to enable their self-return while sending a document notifying the provincial Department of Labor, Invalids, and Social Affairs of the victim's place of residence. The document must clearly state that the returning individual is a victim so that the Department of Labor, Invalids, and Social Affairs can implement policies for the individual. This document is also sent to the local public security agency and the border province public security agency for coordination. The local public security agency shall guide the victim through necessary procedures based on the notification.

For victims requiring health and psychological care before reintegration into society, especially children, hand over to the provincial Department of Labor, Invalids, and Social Affairs within fifteen days from the date of reception.

4. Procedures and formalities for verifying victims who self-return without reception

a) The People's Committee of the commune (Commune People's Committee) where the victim resides collects and processes information about victims who self-return without reception based on reports from residents, social organizations, and the victim's own report.

- Guide self-returnees to fill out the declaration form for women and children repatriated from abroad who have been trafficked, contact to gather information and evidence about the victim being trafficked abroad.

- If there are signs or evidence indicating the victim's status, establish a file and send a document to the provincial Department of Labor, Invalids, and Social Affairs (through the county Department of Labor, Invalids, and Social Affairs) within seven working days from the date of receiving the victim's declaration form. The file includes: the declaration form for women and children repatriated from abroad who have been trafficked; collected documents and evidence related to the determination of the victim's status.

b) Within five working days from the date of receiving the file from the Commune People's Committee, the provincial Department of Labor, Invalids, and Social Affairs sends a document requesting the provincial immigration management agency to verify and determine the victim's status.

c) The provincial immigration management agency verifies and responds within fifteen working days from the date of receiving the request from the provincial Department of Labor, Invalids, and Social Affairs. The response document contains either a determination that the individual is a victim or a conclusion that they are not a victim.

d) The Provincial Department of Labor, Invalids and Social Affairs shall base its guidance and examination and decision on providing support to victims according to the prescribed regulations on the reply document from the provincial Public Security Management Agency – Public Security.

III. IMPLEMENTATION

1. Functional agencies at the provinces shall directly coordinate to implement verification work, reception, initial support for victims, and resolve other issues related to victims including: the provincial Public Security Management Agency – Public Security, Border Guard Corps of the province, and the Provincial Department of Labor, Invalids and Social Affairs.

2. The Director of the Public Security Management Agency – Ministry of Public Security shall take the lead and coordinate with the Chief of Staff of the Border Guard Corps – Ministry of National Defense, the Director of the Consular Affairs Bureau – Ministry of Foreign Affairs, and the Director of the Social Evil Prevention and Control Bureau – Ministry of Labor, Invalids and Social Affairs to issue the following forms: Application form for women and children who have been trafficked and returned from abroad; Certificate of return for women and children who have been trafficked and returned from abroad; Handover record of women and children who have been trafficked and returned from abroad.

3. Every six months, the General Staff of the Border Guard Command shall issue a report to the Public Security Management Agency regarding the situation and statistics of victims rescued and returned or self-returned through land border crossings received by the Border Guard for compilation and reporting to the leadership of the Ministry of Public Security for submission to the Prime Minister.

4. This Circular shall take effect fifteen days from the date of publication in the Official Gazette./.