Decree No. 62/2012/NĐ-CP stipulates the basis for identifying victims of trafficking and ensuring their safety and that of their relatives.

DECREE

Article 24Article 1. Basis for determining victims of trafficking and protecting their safety ||| Safety for victims and their relatives

____________________________

Pursuant to the Law Tof the Government on the 25th day of the month 1Based on the Law on Gender Equality dated November 29,1;

Pursuant to the Law "5. The pre-tax weighted average cost of capital i (%) is determined according to the formula below:to prevent andNo.|||

At the proposal of the Minister of Public Security;

h"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."The Government promulgates this Decree to stipulate the basis for determining victims of trafficking and ensuring their safety.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree specifies the implementation of certain Articles of the Law on Preventing and Combating Trafficking in Persons regarding the issuance, reissuance, amendment, supplementation, and extension of licenses for establishing support facilities for victims. "5. The pre-tax weighted average cost of capital i (%) is determined according to the formula below:To prevent and combat trafficking in persons regarding the basis for determining victims and ensuring their safety.

Article 2. Applicability

This Decree applies to victims of one trOf the acts prescribed in Clauses 1, 2, and 3 of Article 3 of the Law "5. The pre-tax weighted average cost of capital i (%) is determined according to the formula below:On preventing and combating trafficking in persons; relatives of victims; agencies, organizations, and individuals related to the determinationcouncillORSOf victims and ensuring their safety. ealthAnd that of their relatives.

Article 3. Rights and obligations of victims and their relatives

1. Victims and their relatives have the right:

a) To request agencies or persons with authority to apply protective measures when their lives, health, honor, dignity, or property are harmed or threatened with harm;

b) To refuse protective measures prescribed by the agency or person with authority under Point 8 of this Decree.onThis Decree shall take effect.

2) Victims and their relatives have the obligation:

a) To comply fully with the requirements of agencies or persons with authority applying For coal-fired thermal power plants where the enterprise holds 100% of the registered capital and uses 100% of its own capital to invest in the project approved by the competent authority, E is determined as 100%;Protective measures when being protected;

b) To bear responsibility for their own safety when refusing protective measures or not complying fully with the requirementsầOf agencies or persons with authority applying protective measures.onThe budget for implementing the protection of victims and their relatives is guaranteed from the state budget within the annual regular expenditure budget assigned to agencies and units in accordance with the State Budget Law and guiding documents.

Article 4. Funding Assurance

Article 5. Basis for determining victims

Chapter II

SPECIFIC PROVISIONS

A person is determined to be a victim when they are the object of one of the following acts:

1. Trafficking in persons: Treating a person

a) As a type of commodity for exchange with money or other material benefits;concerning the classification and determination of state management authority in the field of crop production Transferring or receiving a person for:

b) Forced prostitution;

- Forced production of pornographic films, videos, books, pictures, calendars, and other forms containing content promoting decadent lifestyles or pornography;

- Forced performance for others to view their body with

- The purpose of arousing sexual desire;i Sexual slavery;

- Forced labor;

- Illegally removing bodily parts;

- Forced begging;

- Forced marriage;

- Forced pregnancy against their will;

- Forced to commit criminal acts;

- For other inhumane purposes.

- c) Recruiting, transporting, harboring people to carry out the acts prescribed in Points a and b of this Clause or for other inhumane purposes.

Information and documents provided by Vietnamese representative offices abroad;

2. Statements and materials provided by persons who carried out related human trafficking actions;

a) Statements and materials provided by those who know about the incident;

b) Other lawful information and materials.

c) Statements and documents provided by persons committing the acts prescribed in Clause 1 of this Article;

d) In cases of necessity, the person authorized to decide on applying protective measures as stipulated in Point a Clause 4 of this Article may request local authorities, agencies, organizations, and individuals involved to cooperate in applying protective measures for the safety of victims and their relatives.

Article 10. Assistance to Victims For coal-fired thermal power plants where the enterprise holds 100% of the registered capital and uses 100% of its own capital to invest in the project approved by the competent authority, E is determined as 100%;The Border Guard Forces and Maritime Police, when rescuing or leading the reception of victims returned by foreign countries, have the responsibility to provide essential support to victims according to the provisions of the Law on Prevention and Combating Human Trafficking; Decree No. 09/2013/NĐ-CP dated January 11, 2013, and guiding documents, including:

e) Statements and documents provided by those who know about the incident;

g) In cases where competent authorities cannot prove whether a person is a victim or not, after verifying their background, time away from their place of residence, and reasons for absence consistent with their statements about being the object of one of the acts prescribed in Clause 1 of this Article, then consider the following bases to confirm that they are victims:

h)||| Victims not covered by Clause 1 of this Article, after being received, shall immediately transfer them to competent agencies to implement assistance to victims as prescribed.

3. They were discovered and rescued together with other victims; 1 They lived together with victims at the location where the perpetrators carried out the acts prescribed in Clause 1 of this Article, detained, managed, and treated like these victims;

a) Physical and mental manifestations: Signs of sexual exploitation, forced labor, cruel treatment, injuries, fear, panic, depression, illness;

b) When they left their place of residence, their relatives reported to the competent authorities about them being missing or the object of one of the acts prescribed in Clause 1 of this Article;

c) d) Other lawful information that helps establish a basis for believing that they are victims.

d) The time when that person leaves the place of residence.This Resolution takes effect from the date it is adopted by the National Assembly.If their relatives report to the competent authority about their disappearance or being a victim of one of the acts prescribed in Clause 1 of this Article;of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home Affairsd) Other lawful information that helps to have a basis to believe that the person is a victim.

đ) The Procurator General, Deputy Procurator General of the Office of the Inspectorate

Article 6. Protected Subjects

1. Victims of any of the acts prescribed in Article 5 of this Decree. Clause Relatives of the victim, including: spouse, father, mother, adoptive father, adoptive mother, stepfather, stepmother, biological child, adopted child, parents-in-law from either side, full brother, full sister, full younger brother, paternal grandmother, paternal grandfather, maternal grandmother, maternal grandfather, grandson, granddaughter of the victim.

2. Article 7. Measures to Safeguard the Safety of Victims and Their Relatives ngDepending on specific circumstances and actual conditions, the responsible protection agency may apply one or more of the following measures to ensure the safety of victims and their relatives (hereinafter referred to collectively as the protected person):

1. Keeping secret the provision of documents and evidence of the protected person.This Resolution takes effect from the date it is adopted by the National Assembly.Keeping secret personal information, identifying characteristics, place of residence, work, study, and other relevant information about the protected person.

Deploying security forces at the place of residence, work, study, travel, court sessions, and other necessary places of the protected person.

Limiting the range of movement and communication of the protected person. specialized agency under the People's Committee of the province/city.Arranging temporary shelter for the protected person.

2. Arranging new places of residence, work, and study for the protected person.

3. Applying preventive and deterrent measures against acts that harm or threaten to harm the life, health, reputation, dignity, and property of the protected person in accordance with the law;

4. Holding closed trials.

5. Article 8. Authority to Apply Protective Measures trThe authorities responsible for applying protective measures include:

6. The Criminal Investigation Agency within the People's Public Security;

7. The Military Criminal Investigation Agency within the People's Army;

8. Border Guard Forces;

Maritime Police Force;

1. e) People's Procuracy, Military Procuracy at all levels;

a) People's Court, Military Court at all levels;

b) g) Heads of village, town, ward people's committees, Departments of Labor, Invalids and Social Affairs, Social Welfare Institutions, Victim Support Institutions;

c) Representative agencies of Vietnam abroad.

d) Those authorized to issue decisions on applying protective measures include:

Chiefs and Deputy Chiefs of the Criminal Investigation Agency within the People's Public Security have the authority to issue decisions on applying protective measures as stipulated in Clauses 1, 2, 3, 4, 5, 6, and 7 of Article 7 of this Decree for victims and their relatives in criminal cases handled by their agency.

e) Chiefs and Deputy Chiefs of the Military Criminal Investigation Agency have the authority to issue decisions on applying protective measures as stipulated in Clauses 1, 2, 3, 4, 5, 6, and 7 of Article 7 of this Decree for victims and their relatives in criminal cases handled by their agency.

Chiefs of drug-related crime units of the Border Guard, Commanders of Special Task Units under the Drug Crime Prevention and Suppression Department of the Border Guard, Commanders of Border Guard Corps of provinces and centrally-administered cities, Commanders of Border Guard Posts, Commanders of Border Guard Flotillas, Commanders of Border Gate Border Guard have the authority to issue decisions on applying protective measures as stipulated in Clauses 1, 2, 3, 4, 5, 6, and 7 of Article 7 of this Decree for victims and their relatives in criminal cases handled by their agency. When the head specified in this point is absent, a deputy is entrusted to perform the powers of the head specified in this point and must be accountable to the head for the tasks assigned.Chiefs of the Coast Guard, Heads of Anti-drug Crime Departments, Cluster Commanders of Special Task Clusters for Anti-drug Crime, Commanders of Coast Guard Flotillas, Commanders of Coast Guard Squadrons, and Squadron Leaders under the Coast Guard have the authority to issue decisions on applying protective measures as stipulated in Clauses 1, 2, 3, 4, 5, 6, and 7 of Article 7 of this Decree for victims and their relatives in criminal cases handled by their agency. When the head specified in this point is absent, a deputy is entrusted to perform the powers of the head specified in this point and must be accountable to the head for the tasks assigned.

h)||| e) Chief Procurators and Deputy Chief Procurators of the Procuracy have the authority to decide on applying protective measures as stipulated in Clauses 1 and 5 of Article 7 of this Decree for victims in criminal cases being handled by their agency; requesting the Criminal Investigation Agency within the People's Public Security, the Military Criminal Investigation Agency to handle the case to apply protective measures for the safety of victims and their relatives.

2. Chief Judges and Deputy Chief Judges of the Court, Presiding Judges have the authority to decide on applying protective measures as stipulated in Clauses 1, 2, 4, 5, and 8 of Article 7 of this Decree for victims and their relatives in criminal cases being handled by their agency; requesting the Criminal Investigation Agency within the People's Public Security, the Military Criminal Investigation Agency to handle the case to apply protective measures for the safety of victims and their relatives.

a) Heads of village, town, ward people's committees, Heads of Departments of Labor, Invalids and Social Affairs, Directors of Social Welfare Institutions, Directors of Victim Support Institutions have the authority to decide on applying protective measures as stipulated in Clauses 1, 2, 4, and 5 of Article 7 of this Decree for victims and their accompanying relatives received by their agency; requesting the agencies and persons with authority as stipulated in this Article to apply protective measures for the safety of victims and their relatives.

b) Heads of representative agencies of Vietnam abroad have the authority to decide on applying protective measures as stipulated in Clauses 1, 2, 4, and 5 of Article 7 of this Decree for: victims, minors accompanying victims who are Vietnamese citizens in the territory of the host country. trIn cases where the place of residence of the protected person does not fall within the jurisdiction of the authority responsible for applying protective measures, the authority issuing the protection decision entrusts the implementation of protective measures to the equivalent agency within the jurisdiction of the place of residence of the protected person. The entrusted agency is responsible for implementing protective measures according to the entrustment of the authority responsible for applying protective measures for the safety of victims and their relatives.

c) Providing temporary accommodation, supporting food, clothing, and other essential items;No.Responsibility for Organizing the Implementation of Protective Measures

d) have the authority to decide on applying the protection measures prescribed in Clauses 1 commission and 5 of Article 7 of this Decree for victims in criminal cases handled by their office.

đ) The President, Vice-President of the People's Court, Judge presiding over the trial session has the authority to decide on applying the protection measures prescribed in Clauses 1, 2, 4, 5 and 8 of Article 7 of this Decree for victims and their close relatives in criminal cases handled by their office; request the Criminal Investigation Agency under the Ministry of Public Security, the Criminal Investigation Agency under the People's Army to handle the case and apply protective measures to ensure the safety of the victim and their close relatives. y the head of the agency specified in this point is absent, then a deputy shall be authorized to exercise the powers of the head of the agency specified in this point and must bear responsibility before the head of the agency for the tasks assigned.y the head of the agency specified in this point is absent, then a deputy shall be authorized to exercise the powers of the head of the agency specified in this point and must bear responsibility before the head of the agency for the tasks assigned., 2, đ) Heads of communes, wards, towns, Directors of Labor - Invalids and Social Affairs Departments, Directors of Social Welfare Centers, Directors of Victim Support Centers have the authority to decide on applying the protection measures prescribed in Clauses 1, 2, 4 and 5 of Article 7 of this Decree for victims and accompanying close relatives received by their agencies; request the agencies and persons with authority specified in this Article to apply protective measures to ensure the safety of the victim and their close relatives.u Chiefs of Vietnamese representative offices abroad have the authority to decide on applying the protection measures prescribed in Clauses 1, 2, 4 and 5 of Article 7 of this Decree for: victims, minors accompanying the victim who are Vietnamese citizens in the territory, host country. Personnel In case the place of residence of the protected person does not fall within the jurisdiction of the agency with the authority to apply protective measures, the person with the authority to issue the protection decision shall entrust the implementation of protective measures to the equivalent agency at the location where the protected person resides. The entrusted agency shall be responsible for implementing the protective measures according to the entrustment of the agency with the authority to apply protective measures to ensure the safety of the victim and their close relatives.o Responsibility for organizing the implementation of protective measuresmust clearly state the reasons.During the handling of the case, if there is evidence indicating that the victim or their close relatives are being harmed or threatened with harm to their life, health, reputation, dignity, property, and it is necessary to apply protective measures, the person with the authority specified in Clause 2 of Article 8 of this Decree shall issue a decision to apply protective measures within their authority or request the agency with the authority to apply protective measures.

e) The decision to apply protective measures must clearly record: Time and place of issuing the decision; name of the agency responsible for protection; name, position of the person issuing the decision; name, date of birth, place of origin, occupation, place of residence of the person being protected; protective measures applied; start time of applying protective measures and other related contents to protection.rime Minister cIn urgent situations, the person with the authority to apply protective measures may mobilize forces and means to protect or arrange temporary shelters to ensure the safety of the protected person before issuing a decision to apply protective measures.

g) Chairperson DECREES:During the protection process, if additional protective measures are required, the person with the authority to decide on applying protective measures shall issue a supplementary decision on applying protective measures.

h)||| When the protected person is no longer being harmed or threatened with harm, the person with the authority to decide on applying protective measures shall issue a decision to terminate the application of protective measures. The decision to terminate the application of protective measures must clearly record the reasons for terminating the protective measures.âThe decisions to apply protective measures, supplementary decisions to apply protective measures, and decisions to terminate protective measures shall be sent to the protected person, the agency requesting the application of protective measures, and relevant agencies and units.

3. ực thi If the place of residence of the person to be protected does not fall within the jurisdiction of the competent authority applying protective measures, then the authority issuing the protection decision shall entrust the implementation of such protective measures to the corresponding authority at the same level within the jurisdiction where the person to be protected resides. The entrusted authority shall be responsible for implementing the protective measures according to the delegation from the authority with the power to apply protective measures.rime Minister cto ensure the safety of victims and their close relatives.

Article 9. Responsibility for organizing the implementation of protective measures

The person authorized to issue a decision to apply the protective measures provided for in Clause 2, Article 8 of this Decree shall be responsible for organizing the implementation of safety protection measures for victims and their relatives, and shall have the following duties and authorities:

1. Apply protective measures when there is evidence that victims or their relatives are being harmed or threatened with harm to their lives, health, reputation, dignity, or property.

2. Select one or more protective measures according to the authority prescribed in Article 7 of this Decree.

3. Require the protected person to comply with regulations to ensure their safety during the protection process.° Request local authorities, agencies, organizations, and individuals to cooperate in applying protective measures.

4. Maintain confidentiality regarding the protection of victims and their relatives.

5. Establish, manage, store, and utilize protection files under classified document procedures.

6. Chapter 10. Procedures for Applying Protective Measures

Organizations and individuals requesting the application of protective measures must submit a written request to the competent authority. In urgent cases, they may make a direct request or call by telephone and other means of communication, but must subsequently confirm it in writing.

1. The request for the application of protective measures must clearly state: the time and place of making the document; the name, date of birth, place of origin, occupation, and residence of the person making the document; who the protection is requested for; the name, date of birth, place of origin, occupation, and residence of the person requested for protection (if the person making the request seeks protection for another individual); the reasons for requesting protective measures and any related information.

Upon receiving a protection request, the agency must examine and determine the necessity of applying protective measures. If there is evidence that victims or their relatives are being harmed or threatened with harm to their lives, health, reputation, dignity, or property, and protective measures are necessary, a decision to apply protective measures shall be issued. If it is determined that protective measures are not necessary, a written response must be provided to the organization or individual requesting protection, clearly stating the reasons.amendDuring the handling of the case, if there is evidence that victims or their relatives are being harmed or threatened with harm to their lives, health, reputation, dignity, or property, and protective measures are necessary, the person authorized as stipulated in Clause 2, Article 8 of this Decree shall issue a decision to apply protective measures within their authority or propose that the competent authority apply protective measures.oThe decision to apply protective measures must clearly state: the time and place of issuing the decision; the name of the agency responsible for protection; the name and position of the person issuing the decision; the name, date of birth, place of origin, occupation, and residence of the person being protected; the protective measures applied; the start time of applying protective measures, and any other relevant information about the protection. For coal-fired thermal power plants where the enterprise holds 100% of the registered capital and uses 100% of its own capital to invest in the project approved by the competent authority, E is determined as 100%;In urgent situations, the person authorized to apply protective measures may mobilize forces and means to provide protection or arrange temporary shelter to ensure the safety of the protected person before issuing a decision to apply protective measures..

2. During the protection process, if additional protective measures are required, the person authorized to decide on protective measures shall issue a supplementary decision to apply protective measures., amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP When the protected person is no longer at risk of harm or threat of harm, the person authorized to decide on protective measures shall issue a decision to terminate the application of protective measures. The decision to terminate the application of protective measures must clearly state the reasons for terminating the protective measures.on The decision to apply protective measures, the supplementary decision to apply protective measures, and the decision to terminate protective measures shall be sent to the protected person, the agency requesting the application of protective measures, and related agencies and units.policiesclearly state the reasons.

3. During the handling of the case, if there is evidence indicating that the victim or their close relatives have been harmed or are threatened with harm to their lives, health, reputation, dignity, property, and it is necessary to apply protective measures, then the authority specified in Clause 2, Article 8 of this Decree shall issue a decision to apply protective measures within its authority or propose the application of protective measures to the competent authority.

4. The decision to apply protective measures must specify: the time and place of issuance; the name of the responsible protection agency; the name, position of the decision maker; the name, date of birth, place of origin, occupation, place of residence of the person to be protected; the protective measures applied; the start time of the application of protective measures and other related contents to the protection.

5. In urgent cases, the authority with the power to apply protective measures maydevelopment mobilize forces and means to provide vprotection or arrange temporary shelters to ensure the safety of the person to be protected before issuing a decision to apply protective measures.

6. During the protection process, if there is a need to apply additional protective measures, the authority deciding on the application of protective measures shall issue a supplementary decision on the application of protective measures.

7. When the person to be protected is no longer being harmed or threatened with harm, the authority deciding on the application of protective measures shall issue a decision to terminate the application of protective measures. The decision to terminate the application of protective measures must clearly state the reasons for terminating the protective measures.

8. The decision to apply protective measures, the supplementary decision to apply protective measures, and the decision to terminate protective measures shall be sent to the person to be protected, the requesting agency,ầand relevant agencies and units.

Article 11. Documents for applying protective measures

The documents for applying protective measures include:

1. Request for protection document.

2. Personal history of the person to be protected.

3. Materials showing that the person to be protected has been harmed or is at risk of harm to their life, health, reputation, dignity, property.

4. Decision on applying protective measures.

5. Decision on supplementing the application of protective measures (if any).

6. Protective measures already applied and their implementation results.

7. Decision to terminate the application of protective measures.

8. Other relevant documents and materials related to protection.

Chapter III

IMPLEMENTING PROVISIONS

Article 12. Effectiveness leffectively implementi ADJUSTMENT

This Decree takes effect from October 10, 2012.

Article 13. Responsibilitiesi ADJUSTMENT

1. The Ministry of Public Security shall trbe responsible for leading, coordinating with relevant ministries and sectors to guide and supervise the implementation of this Decree.

2. Heads of ministries, heads of agencies equivalent to ministries, heads of agencies||| under the Government, Chairmen ofprovincial people's committees, municipal people's committees directly under the central government The shall be responsible for implementing this Decree.u ./\.