Directive No. 16/2007/CT-TTg on Strengthening the Implementation of the Action Program to Prevent and Combat Trafficking in Women and Children

DIRECTIVE OF THE PRIME MINISTER

On Strengthening the Implementation of the Program on Preventing and Combating Trafficking in Women and Children

After two years of implementing the Program on Preventing and Combating Trafficking in Women and Children for the period 2004-2010, efforts to prevent and combat trafficking in women and children have shown positive changes, raising societal awareness, initially establishing a coordinated mechanism for prevention and suppression of crime, developing procedures for receiving and supporting the reintegration of women and children who have been trafficked from abroad, gradually improving policies and laws, expanding and strengthening international cooperation, contributing to curbing the increase in trafficking in women and children. However, the situation of trafficking in women and children in our country is complex and showing an increasing trend, with many women and children being deceived and sold abroad, forced into prostitution, coerced into marriage, and subjected to forced labor, particularly in border areas between Vietnam and China, Vietnam and Cambodia, and some provinces and cities such as Hanoi, Ho Chi Minh City, Can Tho, Hau Giang, Vinh Long, Hai Duong, Ha Tay, Thanh Hoa, Nghe An..., seriously affecting national security, social order, traditional customs, and causing concern and worry throughout society. The main cause of this situation is that some ministries, sectors, and localities have not fully recognized the requirements of combating trafficking in women and children, have not considered it a regular political task, and their implementation has been superficial, lacking specific plans and measures, supervision, guidance, and mobilization of all levels, sectors, the entire political system, and the whole society to resolutely fight against this type of crime.

After two years of implementing the Action Program to Prevent and Combat Trafficking of Women and Children for the period 2004-2010, efforts to prevent and combat trafficking of women and children have shown positive changes, enhancing societal awareness, initially establishing a coordinated mechanism for prevention and suppression of crimes, developing procedures for receiving and supporting reintegration into society for trafficked women and children returning from abroad, gradually improving policies and laws, expanding and strengthening international cooperation, contributing to curbing the increase in trafficking of women and children. However, the situation of trafficking of women and children in our country is currently complex and on the rise, with many women and children being deceived and sold abroad, forced into prostitution rings, coerced into marriage, and subjected to forced labor, particularly in border areas between Vietnam and China, Vietnam and Cambodia, and some provinces and cities such as Hanoi, Ho Chi Minh City, Can Tho, Hau Giang, Vinh Long, Hai Duong, Ha Tay, Thanh Hoa, Nghe An, severely impacting public security, traditional customs, and causing concern and worry throughout society. The main cause of this situation is that some ministries, sectors, and localities have not fully recognized the requirements for combating trafficking of women and children, do not consider this a regular political task; the implementation organization is formalistic, lacks specific plans and measures, lacks supervision, urging, and guidance, and has not mobilized all levels, sectors, the entire political system, and the whole of society to resolutely fight against this type of crime.

To continue effectively implementing the Program on Preventing and Combating Trafficking in Women and Children, the Prime Minister requests the Ministers of Ministries, Heads of Sectoral Agencies under the Government, and Chairpersons of People's Committees of provinces and centrally-administered cities to focus on directing the implementation of the following contents:

I. OBJECTIVES AND REQUIREMENTS

1. Creating a strong shift in awareness and action at all levels of party committees, governments, sectors, mass organizations, and the whole society to proactively prevent and actively combat trafficking in women and children.

2. Implementing comprehensive preventive measures and resolutely fighting against criminals, striving to basically stop and reduce the situation of trafficking in women and children by 2010.

3. Actively cooperating internationally and preventing and combating trafficking in women and children; promptly rescuing and receiving victims who have been trafficked abroad, quickly repatriating them, stabilizing their lives, and reintegrating them into society.

4. Concentrating on strictly implementing existing legal documents on preventing and combating trafficking in women and children; simultaneously conducting reviews, summaries, and evaluations to improve the legal system on preventing and combating trafficking in women and children.

II. MAJOR POLICIES AND MEASURES

1. Continuing to implement the Program on Preventing and Combating Trafficking in Women and Children in conjunction with economic and social development tasks, promoting the movement "all people unite to build a civilized life in residential areas," and the Program to eliminate hunger and reduce poverty, improving the material and spiritual life of the people; effectively implementing the four projects according to Decision No. 312/2005/QD-TTg dated November 30, 2005 of the Prime Minister.

2. Enhancing the capacity of state management of ministries, sectors, and local governments, especially in areas such as labor export, foreign-related marriage and adoption, entry and exit, tourism; strengthening inspections and supervision, addressing weaknesses and shortcomings in mechanisms, policies, and laws, and firmly preventing criminals from exploiting these activities.

3. Accelerating propaganda on preventing and combating trafficking in women and children with the principle of "prevention as the foundation," focusing on grassroots levels, leveraging the roles of party committees, governments, and social organizations at communes, towns, villages, and hamlets. Promptly recognizing and publicizing good people and deeds, exemplary models in the struggle against trafficking in women and children.

4. Leveraging the combined strength of various forces, using comprehensive measures, closely monitoring the situation, organizing investigations, uncovering, and dismantling transnational criminal networks involved in trafficking in women and children, promptly eliminating illegal activities related to labor export and foreign marriage brokerage. Continuing to launch nationwide campaigns to suppress and arrest criminals, especially in key areas and regions, and apprehending fugitive suspects.

5. Improving the effectiveness of receiving and reintegrating women and children who have been trafficked from abroad back into society; continuing to perfect regulations on procedures, systems, policies, and division of responsibilities among agencies and organizations in receiving and supporting women and children who have been trafficked abroad, quickly returning them to their families and stabilizing their lives.

6. Studying and submitting to the National Assembly the Draft Law on Preventing and Combating Human Trafficking; proposing amendments and supplements to the Penal Code to fully define offenses and increase penalties for this type of crime. Organizing the effective implementation of Decree No. 141/2005/NĐ-CP dated November 11, 2005 and Decree No. 69/2006/NĐ-CP dated July 21, 2006 of the Government; Directive No. 03/2005/CT-TTg dated February 25, 2005 and Decision No. 17/2007/QĐ-TTg dated January 29, 2007 of the Prime Minister on the work of preventing and combating trafficking in women and children.

7. Strengthening international cooperation in preventing and combating trafficking in women and children with international organizations and countries, especially neighboring countries, regional countries, and countries where many Vietnamese women and children are trafficked.

III. IMPLEMENTATION

1. Ministry of Public Security:

- Directing the Public Security Forces at all levels to develop and implement plans for resolute and continuous struggles against criminals involved in trafficking in women and children.

- Coordinate with the Ministry of National Defense to strengthen guidance on border patrol activities and control at border gates to promptly detect and prevent trafficking of women and children across borders.

- Proactively cooperate with functional forces from China and Cambodia to unify operations to combat criminal activities along the Vietnam-China and Vietnam-Cambodia borders. Summarize the implementation of the coordination regulations between police and border guard forces regarding the prevention and suppression of trafficking of women and children.

- Take the lead and coordinate with relevant ministries and sectors to effectively implement the 2007 COMMIT program activities in Vietnam; participate in the high-level meeting of six countries in the Mekong subregion on human trafficking (especially women and children); sign and implement the bilateral agreement between Vietnam and Thailand on trafficking of women and children; implement the plan for the bilateral agreement between Vietnam and Cambodia on trafficking of women and children; draft the agreement between Vietnam and China on preventing and combating crimes related to trafficking of women and children, and submit it to the Prime Minister.

- Study and develop a proposal to enhance capacity in preventing and combating crimes related to trafficking of women and children, and submit it to the Government.

2. The Ministry of National Defense shall instruct the Border Guard Force to closely cooperate with the Public Security Force to strengthen border patrols and combat trafficking of women and children; organize the reception of victims returning from abroad.

3. The Ministry of Labor, Invalids and Social Affairs shall take the lead and coordinate with relevant ministries and sectors to urgently develop plans and guiding documents to implement Decision No. 17/2007/QD-TTg dated January 29, 2007, issued by the Prime Minister on the regulation for receiving and supporting the reintegration of women and children who have been trafficked and returned from abroad.

4. The Ministry of Foreign Affairs shall instruct Vietnamese representative offices abroad to closely monitor the situation of Vietnamese women and children being trafficked overseas; coordinate with competent authorities in the host countries to properly handle protection and repatriation of victims.

5. The Ministry of Justice:

- Take the lead and coordinate with relevant ministries and sectors to issue guiding documents to implement Decree No. 69/2006/NĐ-CP dated July 21, 2006, issued by the Government amending and supplementing certain articles of Decree No. 68/2002/CP dated July 10, 2002, detailing the implementation of some provisions of the Marriage and Family Law concerning marriage and family relations involving foreign elements.

- Take the lead and coordinate with relevant agencies to develop guiding documents for investigation, prosecution, and trial of crimes related to trafficking of women and children.

6. Request the Vietnam Fatherland Front Central Committee and its member organizations to continue to closely coordinate with government departments and local authorities in propaganda and mobilization work to encourage people, members, and participants to actively engage in preventing and combating crimes related to trafficking of women and children.

7. Request the Supreme People's Procuracy and the Supreme People's Court to develop plans to closely coordinate with government functional agencies to intensify investigation, prosecution, and trial of crimes related to trafficking of women and children to ensure timely and strict enforcement.

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

- Take the lead and coordinate with the Ministry of Justice, the Central Youth Union, the Central Committee for Population, Family and Children, and media agencies to intensify propaganda and raise awareness and legal knowledge about preventing and combating crimes related to trafficking of women and children among the general public, especially members of the Vietnam Women's Union; coordinate with Cambodian and Chinese competent agencies to launch joint communication campaigns along the Vietnam-Cambodia and Vietnam-China borders.

- Organize the expansion of exemplary models and advanced practices in preventing and combating crimes related to trafficking of women and children.

9. Provincial People's Committees under the central government:

- Develop plans to guide the implementation of the Action Program to Prevent and Combat Trafficking of Women and Children until 2010; recognize this as a key political task to focus on implementing.

- Any province or city where many women and children are trafficked abroad will see the Chairman of the People's Committee bear responsibility before the Prime Minister.

10. Strengthen the Steering Committees and their permanent offices responsible for preventing and combating crimes; preventing and combating trafficking of women and children; and preventing and combating drug-related crimes at both central and local levels towards enhancing individual responsibility, streamlining the organizational structure, reducing management layers, and emphasizing effectiveness.

11. Assign the Head of the Government's Steering Committee on Preventing and Combating Trafficking of Women and Children to oversee, inspect, and urge the implementation of this Directive and report periodically monthly, quarterly, and annually to the Prime Minister.

12. This Directive shall take effect fifteen days after its publication in the Official Gazette.

Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairmen of provincial and municipal People's Committees directly under the central government are responsible for implementing this Directive.