Decision No. 130/2004/QĐ-TTg approves the Action Program to Prevent and Combat Trafficking in Women and Children from 2004 to 2010.

DECISION OF THE PRIME MINISTER

Approving the Action Program to Prevent and Combat Trafficking in Women and Children from 2004 to 2010From 2004 to 2010 

____________________

 PRIME MINISTER

Pursuant to the Law on Organization of the Government dated December 25, 2001;

 

On the basis of Resolution No. 09/1998/NQ-CP dated July 31, 1998 of the Government on strengthening work to prevent and combat crime in the new situation;

 

Considering the proposal of the Minister of Public Security,

DECISION: 

Article 1. Approves the Action Program to Prevent and Combat Trafficking in Women and Children from 2004 to 2010, which includes the following main contents:

1. Objective: To create a strong change in awareness and action at all levels, sectors, mass organizations, and throughout society regarding the prevention and combating of trafficking in women and children, aiming to prevent, stop, and significantly reduce by 2010 the situation of women and children being trafficked.

2. Main Projects of the Program:

a) The first project: Propaganda and education within the community on preventing and combating trafficking in women and children.

b) The second project: Struggle against trafficking in women and children.

c) The third project: Reception and support for women and children who are victims of trafficking returning from abroad.

d) The fourth project: Building and perfecting legal documents related to the prevention and struggle against trafficking in women and children.

3. Organization of Implementation and Funding for the Program:

The Ministry of Public Security shall take the lead and coordinate with relevant ministries, agencies, mass organizations at the central level and provincial people's committees under the central government to implement this program.

Funding for the implementation of the program: From the state budget (central budget and local budget).

From other legitimate sources raised both domestically and internationally, contributions from the community, international aid...

(The specific program is attached to this Decision).

Article 2. This Decision takes effect fifteen days from the date of publication in the Official Gazette.

Article 3. The Minister of Public Security shall be responsible for inspecting and urging the implementation of this program.

The Ministers, Heads of ministerial-level agencies, Heads of government agencies, and Chairpersons of provincial People's Committees and municipal People's Committees directly under the Central Government are responsible for enforcing this Decision./.

 

PROGRAM

ACTION TO PREVENT AND COMBAT CRIME

TRAFFICKING IN WOMEN AND CHILDREN FROM 2004 TO 2010

Issued together with Decision No. 130/2004/QĐ-TTg

dated July 14, 2004 of the Prime Minister) 

Part I

SITUATION OF TRAFFICKING IN WOMEN AND CHILDREN

AND PREVENTION AND STRUGGLE AGAINST IT 

I. SITUATION OF TRAFFICKING IN WOMEN AND CHILDREN

 

1. Situation: In recent years, especially during the transition to a socialist-oriented market economy, the situation of trafficking in women and children has become increasingly complex, serious, and tends to increase. A portion of women and children (W&C) are trafficked within the country, mainly from rural and mountainous areas to cities and towns to work as prostitutes. The majority of W&C are trafficked abroad, to various countries with different forms and purposes. According to incomplete statistics, up to now, tens of thousands of Vietnamese women and children have been trafficked across borders, mainly through trails and border gates along the northern and southwestern borders. In the north, W&C are concentrated in border areas adjacent to Vietnam, used for prostitution in service establishments or illegally as wives. In the south, W&C are mainly trafficked for prostitution in major cities and border provinces. These countries also serve as transit points for trafficking W&C to more distant countries in the region. Additionally, the situation of Vietnamese women being lured and deceived into trafficking to Taiwan through marriage brokerage, and Vietnamese children being sold abroad through foreign adoption in recent years is also a very complex and difficult-to-control issue. The evil of trafficking in women and children has become a pressing and painful problem, negatively affecting social life, customs, traditions, morality, and state laws, robbing many families of happiness, increasing the risk of HIV/AIDS infection, harboring negative factors for national security and public order. Bad elements exploit this issue to defame and spread false information, affecting the reputation of the Party and the State.

2. Causes: This situation is due to many objective and subjective reasons, focusing on the following issues:

Objectively:

In In response to the conditions of a market economy and international integration, many contradictions have arisen in economic and social life, particularly the widening gap between the rich and the poor, and unemployment. In some rural areas, remote regions, the people's living conditions remain very difficult, with low education levels, many women, children, and their families facing especially hard circumstances, being drawn into the process of seeking work in urban areas or abroad. On the other hand, due to the influence of various negative factors such as harmful cultural currents, social evils like prostitution and drug abuse both domestically and regionally; domestic criminals collude with foreign criminals to exploit these conditions for criminal activities.

Subjective factors:

The understanding of the seriousness, necessity, and responsibility to strengthen the prevention and combat of crimes involving the trafficking of women and children at various levels of the Party, government, departments, and mass organizations is still limited. Efforts to prevent and combat crimes involving the trafficking of women and children have not been fully and comprehensively implemented; coordination among functional agencies is insufficient, and organizational mechanisms have not met the requirements for preventing and combating crimes involving the trafficking of women and children in the new situation.

 

 

II. PREVENTION AND COMBAT WORK 

1. Results of prevention and combat work:

In recent years, efforts to prevent and combat crimes involving the trafficking of women and children have always been closely linked to efforts to prevent and combat crime and social evils in general. Especially after the Government issued Directive No. 766/TTg on September 17, 1997, and Resolution No. 09/1998/NQ-CP on July 31, 1998 "On Strengthening Crime Prevention Work in New Circumstances,"then efforts to prevent and combat the trafficking of women and children have received more attention from sectors, mass organizations, and local authorities, and initial results have been achieved. Prevention work has been carried out with key contents including propaganda and education about policies and laws, the tricks and frauds of criminals, thereby enhancing public awareness and vigilance; implementing state management over security and order, managing businesses such as hotels, guesthouses, restaurants, etc., managing marriage brokerage services with foreigners, adoption by foreigners, entry and exit, etc., to promptly detect and prevent criminal acts and cases of women and children being trafficked. For cases where women and children have returned from being trafficked abroad, relevant functional agencies such as Border Guard, Public Security, Labor - Invalids and Social Affairs, and mass organizations have cooperated with grassroots local authorities to help them stabilize their lives, find jobs, and reintegrate into society.

Combat work: In light of the increasingly serious situation of trafficking in women and children, the Public Security sector, with its core role in combating crime, has coordinated with other functional agencies to implement various measures to detect, prevent, and combat crimes involving the trafficking of women and children.

 

According to reports from public security forces in provinces and cities, from 1991 to 2002, public security forces at all levels discovered and arrested thousands of cases and suspects involved in trafficking women and children (including both internal and cross-border trafficking). Among them, 1,818 cases were prosecuted with 3,118 defendants for the crime of buying and selling women; 451 cases were prosecuted with 672 defendants for the crime of buying and selling, swapping, or appropriating children (under Article 119 and Article 120 of the Criminal Code of 1999). During the five-year implementation period of Directive No. 766/TTg of the Prime Minister (1998-2002), public security and border guard forces at all levels dismantled 921 cases involving 1,807 suspects involved in trafficking women and children.

 

Many large-scale criminal cases involving the organization of trafficking women and children to countries in the region have been detected and dismantled by public security and border guard agencies. From 1998 to 2002, People's Courts at all levels tried thousands of defendants for the crimes of buying and selling women and children under Articles 119 and 120 of the Criminal Code (1999). Most defendants had to face severe penalties according to the law.

 

International cooperation: In recent years, international cooperation in preventing and combating trafficking in women and children has been strengthened. Vietnam has participated in many international documents related to this issue, signed bilateral mutual legal assistance agreements, and actively collaborated with neighboring countries in combating crime, particularly crimes involving the trafficking of women and children across borders.

 

At the direction of the Government, some relevant ministries and sectors have cooperated to implement many projects on preventing and combating trafficking in women and children funded by international organizations such as UNICEF, ILO, IOM, UNODC, and other international organizations.

Generally, the implementation of these projects has positively contributed to the prevention and combat of crimes involving the trafficking of women and children, especially in areas such as education and communication, legal research, situation surveys and assessments, and training to enhance the capacity of cadres in some ministries, sectors, and key localities. However, the effectiveness of project implementation still has some limitations, such as scattered investment due to multiple agencies serving as lead recipients, low efficiency in using project funding, and projects only being implemented in some key provinces and cities.

2. Some limitations in the prevention and combat of crimes involving the trafficking of women and children:

 

2. Certain limitations in the work of preventing and combating crimes involving trafficking in women and children:

 

Although some results have been achieved, overall, the work on preventing and combating trafficking in women and children by various sectors and levels from central to local authorities remains uncoordinated, with no sector taking the lead responsibility for building coordination mechanisms. The rate of investigation and resolution of cases of trafficking in women and children is still very low compared to the actual occurrences. Basic investigative work to grasp the situation is not regular and timely. Efforts to detect related incidents are largely passive, mainly relying on complaints from victims or their families. Population management, temporary residence registration is inadequate, especially in rural areas, remote and mountainous regions. Legal systems related to the prevention and combat of trafficking in women and children have not been supplemented and perfected, particularly regarding the number and current status of women and children trafficked living abroad.

 

Personnel working in this field at various sectors and levels have not been regularly updated with basic knowledge and lack both domestic and international information; organizational forces and equipment serving the fight against trafficking in women and children do not meet current practical requirements.

 

Part II

CONTENT OF THE ACTION PROGRAM

PREVENTION AND COMBAT AGAINST TRAFFICKING IN WOMEN

 AND CHILDREN FROM 2004 TO 2010

 

I. GUIDING PRINCIPLES

 

 

1. Prevention and combat against trafficking in women and children is a highly social issue that must be placed within the relationship between crime prevention and addressing economic and social issues under the leadership and guidance of Party committees and governments at all levels, mobilizing the participation of various sectors, mass organizations, and the whole society.

 

2. Emphasize prevention; closely combine prevention with the struggle to handle crimes of trafficking in women and children and the reintegration of victims into society in accordance with the Party's policies, state laws, and international law.

 

 

II. OBJECTIVES

1. General objectives:

Create a strong shift in awareness and action among all levels, sectors, mass organizations, and the entire society regarding the prevention and combat against trafficking in women and children to prevent, block, and significantly reduce by 2010 the situation of women and children being trafficked.

2. Specific Objectives:

a) From 2004 to 2006.

Enhance community awareness and understanding about the methods, causes, and consequences of the evil of trafficking in women and children; raise citizens' and organizations' consciousness to respect and comply with the law in preventing and combating trafficking in women and children and other crimes.

Establish and improve specialized agencies enforcing the law; strengthen legal measures and social management aspects to prevent and combat trafficking in women and children.

Prevent, combat, and block to gradually reduce crimes related to trafficking in women and children, reducing trafficking crimes by 20% in key areas.

 

b) From 2007 to 2010.

 

Implement comprehensive preventive measures, actively combat to reduce over 50% the situation of women and children being trafficked nationwide; organize effective assistance for women and children who return to their home areas after being trafficked, helping them quickly reintegrate into society. 

 

III. CONTENT AND MAJOR PROJECTS OF THE PROGRAM

 

1. Content of the Program:

 

a) Organize basic investigations, analyze, and forecast the situation of trafficking in women and children; build databases related to trafficking in women and children.

 

b) Promote education and propaganda to launch mass movements of the people to discover, prevent, and combat trafficking in women and children.

 

of) Implement comprehensive preventive measures against trafficking in women and children at family, community, and organizational levels.

 

d) Combat trafficking in women and children and related crimes, especially organized trafficking of women and children to foreign countries with international dimensions.

 

đ) Support education, job creation, and community reintegration for trafficked women and children; invest in building reception centers for women and children returning from abroad.

 

e) Improve and train personnel working on the prevention and combat against trafficking in women and children to enhance their capabilities.

 

g) Develop and perfect legal documents related to the prevention and combat against trafficking in women and children.

 

h) Implement international cooperation in the field of preventing and combating trafficking in women and children, especially trafficking to foreign countries, in accordance with national laws and international public law.

 

2. Main Projects of the Program:

 

a) The first project: Propaganda and education within the community on preventing and combating trafficking in women and children.

 

Focus on organizing regular propaganda and education through various forms, conducting nationwide communication campaigns, especially in key areas, targeting high-risk groups; integrate content on preventing and combating social crimes and evils, building cultural families, and healthy communities free from social evils; support and advise families of victims and women and children at risk of trafficking.

 

Central Committee of the Vietnam Women's Union leads, with the participation of Ministries and sectors: National Committee on Population, Family and Children, Ministry of Culture and Information, Youth Union, and other relevant ministries and sectors.

 

b) Project 2: Combat Trafficking in Women and Children.

 

Focus on preventive, blocking, detecting, investigating, and handling crimes of trafficking in women and children and related crimes, especially trafficking of women and children to foreign countries, organized crimes, and those with international dimensions.

 

Resolutely pursue and arrest fugitive criminals, not allowing these individuals to continue committing crimes or developing into new criminal gangs.

 

Sub-project 1: implemented in the inland area led by the Ministry of Public Security - Sub-project 2: implemented in border areas led by the Ministry of Defense (Border Guard Command).

National Committee on Population, Family and Children, Ministry of Justice, Ministry of Foreign Affairs, Supreme People's Court, Supreme People's Procuratorate, and other relevant ministries and sectors coordinate.

 

c) Project 3: Reception and Support for Women and Children Victims Returning from Abroad.

Focus on strictly controlling border gates, particularly land border gates; coordinate with police forces, border guard units of countries sharing borders and relevant sectors to carry out procedures for receiving and supporting victims of trafficking returning home;

The Border Guard Command shall take the lead in receiving and handling handover procedures; the Ministry of Labor, Invalids and Social Affairs shall take the lead and coordinate with other Ministries, sectors, and local authorities to organize activities to support, educate, and help them quickly stabilize their lives and reintegrate into society.

d) Project 4: Building and perfecting the system of legal documents related to the prevention and combat against crimes of trafficking women and children.

Focus on researching, building, and perfecting a comprehensive set of legal documents and regulations related to preventing and combating trafficking of women and children across various fields: criminal law, administrative law, marriage and adoption laws involving foreign elements, tourism and labor export, entry and exit, handling violations, and community reintegration for victims.

The Ministry of Justice shall take the lead, with the Ministry of Foreign Affairs, the Ministry of Public Security, the Ministry of National Defense (Border Guard Command), and other relevant Ministries and sectors participating.

 

Part III

IMPLEMENTATION OF THE ACTION PROGRAM

 

I. ORGANIZATION AND MANAGEMENT

The Action Program to prevent and combat crimes of trafficking women and children until 2010 involves many areas under the management functions of multiple Ministries and sectors. Therefore, it must be implemented in a coordinated manner with close cooperation among Ministries, sectors, and mass organizations.

Establish a Steering Committee for the Action Program to Prevent and Combat Trafficking of Women and Children, chaired by one Deputy Prime Minister, with one leader from the Ministry of Public Security serving as Vice-Chairman. Relevant Ministries such as Foreign Affairs, Justice, Labor, Invalids and Social Affairs, Central Vietnam Women's Union, Population, Family and Children Commission, Ministry of Planning and Investment, Ministry of Finance shall each appoint one senior official to serve as members.

At local levels, establish sub-committees at provincial and city levels, with similar composition to that at the central level.

 

II. ASSIGNMENT OF RESPONSIBILITIES

 

1. Ministry of Public Security:

The Ministry of Public Security serves as the permanent body of the Steering Committee, responsible for assisting the Government in coordinating the implementation of the program; deploying specialized forces to work on preventing and combating trafficking of women and children; guiding and directing public security forces at provincial and centrally-administered city levels to implement the Action Program to Prevent and Combat Trafficking of Women and Children.

 

As the main agency responsible for coordinating with relevant Ministries and People's Committees at provincial and centrally-administered city levels to grasp the situation and compile statistics on Vietnamese women and children trafficked and illegally taken abroad.

 

Identify key areas, focus on directing public security forces at all levels to strengthen investigative measures to detect, prevent, and dismantle trafficking networks of women and children. Strictly manage household registration and population records at commune, ward, and town levels; coordinate with the Vietnam Fatherland Front and people's mass organizations to mobilize the masses to participate in prevention, detection, and struggle against crime, maintaining social order and safety.

Together with relevant sectors and local People's Committees, inspect and handle illegal marriage brokerage services, international adoption services, tourism services, and labor export services violating laws in taking people abroad.

 

Strengthen organizational structure, increase dedicated personnel from central to local levels to promptly detect, swiftly investigate, and strictly punish organizations and individuals violating laws on preventing and combating trafficking of women and children, and illegally taking women and children abroad.

Serve as the focal point for international cooperation in preventing and combating trafficking of women and children; coordinate with Interpol and police forces of neighboring countries, especially China and Cambodia, to detect, prevent, and combat trafficking of women and children to foreign countries.

Regularly synthesize situations, report annually to the Prime Minister, and propose solutions to address difficulties and obstacles.

 

2. Ministry of National Defense (Border Guard Command):

Strengthen measures at border gates to prevent illegal trafficking of women and children abroad.

Take the lead and coordinate with relevant Ministries and sectors to organize the reception and support for women and children trafficked who return through the border.

 

Coordinate with domestic police forces and those of neighboring countries like China, Cambodia, etc., to detect and prevent illegal trafficking routes of women and children across the border.

Coordinate with functional agencies in promoting propaganda and mobilizing the masses in border areas to participate in combating trafficking of women and children.

 

3. The Ministry of Foreign Affairs:

Take the lead and coordinate with the Ministry of Public Security in political and diplomatic aspects regarding international cooperation in preventing and combating trafficking of women and children abroad. Implement measures to understand the situation and number of Vietnamese women and children trafficked living in foreign countries. Develop appropriate policies to work with international organizations and related countries on the issue of eliminating the illegal trafficking of Vietnamese women and children abroad.

 

Coordinate with mass organizations in mobilizing and securing the participation of foreign non-governmental organizations in addressing the situation.

 

4. The Ministry of Labor - Invalids and Social Affairs:

Take the lead and coordinate with the Ministry of Public Security, Border Guard Command, Ministry of Health, Population, Family and Children Commission, Central Vietnam Women's Union, and People's Committees at all levels to organize vocational training, job placement, and community reintegration for women and children trafficked who have returned, and provide treatment for those suffering from social diseases.

 

Study and supplement the list of prohibited occupations and jobs for female and child labor to protect them from harm.

 

5. Ministry of Justice:

 

Lead and coordinate with relevant Ministries and sectors to build and perfect the legal system related to the prevention, combat, and handling of crimes involving trafficking of women and children; organize legal education and publicity on preventing and combating trafficking of women and children.

 

6. Ministry of Planning and Investment:

 

 Coordinate with the Ministry of Finance to allocate the budget for the program on preventing and combating trafficking in women and children in the annual plan to be submitted to the Prime Minister for consideration and approval.

 

7. Ministry of Finance:

 

Annually, guide the preparation of the budget estimate for implementing the Action Program on Preventing and Combating Trafficking in Women and Children until 2010 in accordance with the State Budget Law; implement inspections to ensure that funds are managed and utilized according to their intended purposes; take the lead in researching and proposing appropriate measures to the competent authorities to mobilize financial contributions from various sources both domestically and internationally to support the program in achieving its set goals.

 

8. Suggest the Central Committee of the Vietnam Women's Union: Male:

 

Take the lead and coordinate with relevant ministries, sectors, mass organizations, and local authorities to organize community activities aimed at raising awareness, educating, and providing counseling on preventing and combating trafficking in women and children.

 

Coordinate with the Ministry of Labor, Invalids, and Social Affairs to provide support and assistance to women and children who have been trafficked and returned to reintegrate into society.

 

9. Population, Family, and Children Commission:

 

 Direct and coordinate with relevant ministries, sectors, and agencies to implement tasks aimed at preventing the situation of children being trafficked and sexually exploited for commercial purposes.

 

10. Ministries, ministerial-level agencies, and agencies under the Government:

 

 Develop plans to direct the implementation of contents and measures to combat trafficking in women and children within their respective responsibilities and authority.

 

11. People's Committees of provinces and centrally governed cities:

 

Are responsible for organizing the implementation of the contents and projects of the program on preventing and combating trafficking in women and children, especially Projects 1, 2, and 3, developing specific implementation plans suitable to local conditions; select pilot areas to draw lessons for general guidance. Clearly define the responsibilities of the heads of district and commune-level people's committees in implementing this program.

 

12. Suggest the Supreme People's Court, the Supreme People's Procuracy:

 

Strengthen guidance to the system of agencies under their jurisdiction at all levels and develop plans to closely cooperate with other law enforcement agencies in the investigation, prosecution, and trial of crimes related to trafficking in women and children in a timely and strict manner.

 

13. Suggest the Vietnam Fatherland Front, the Vietnam General Confederation of Labor, the Vietnam Veterans Association, the Vietnam Farmers' Association, the Central Committee of the Vietnam Women's Union, the Central Committee of the Ho Chi Minh Communist Youth Union: closely coordinate with relevant ministries, sectors, and local authorities in mobilizing and educating the public to actively participate in the work of preventing and combating trafficking in women and children.

 

 

III. FINANCING FOR IMPLEMENTATION OF THE PROGRAM

 

The funding for implementing this program will be sourced from multiple channels:

 

1. Central budget: annually, the Government allocates a portion of the budget to implement the program and provide targeted support for key tasks and projects.

 

2. Local budget: annually, localities must proactively develop plans and allocate budgets for activities to prevent and combat trafficking in women and children, integrating them with other programs and projects in the area.

 

3. From other legitimate sources within and outside the country (community contributions, international aid, etc.).

 

The funds allocated annually by the state budget in accordance with the State Budget Law shall be planned and distributed by the Steering Committee of the Program, submitted to the Government for decision, and directly directed for implementation.

 

 Ministries, sectors, provincial and centrally governed city people's committees are responsible for organizing the implementation, regularly monitoring and urging progress on the program; developing phased and annual plans to implement the program and projects effectively and efficiently./.