Circular No. 78/2013/TT-BQP on measures of Border Guard Forces and Coast Guard in preventing and combating trafficking in persons

CIRCULAR

Provisions on measures of the Border Guard Force and Coast Guard in preventing and combating trafficking in persons

 in preventing and combating trafficking in persons

_____________________

Based on the Law on Legislative Activities 2008;

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

Based on Decree No. 62/2012/NĐ-CP dated August 13, 2012 of the Government providing for the basis to determine victims of trafficking;to to ensure safety for victims and their relatives;

Based on Decree No. 09/2013/NĐ-CP dated January 11, 2013 of the Government detailing implementation of certain provisions of the Law on Preventing and Combating Trafficking in Persons;No.in preventing and combating trafficking in persons;

Pursuant to Decree No. 35/2013/NĐ-CP dated April 22, 2013, issued by the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of National Defense;

Considering the proposal of the Commander of the Border Guard Force;

The Minister of National Defense stipulates the measures of the Border Guard Force and Coast Guard in preventing and combating trafficking in persons as follows:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the measures of the Border Guard Force and Coast Guarddevelopmentin preventing andNo.combating trafficking in persons; receiving, verifying, protecting, andpoliciesassisting victims of trafficking (referred to as victims) in border areas, seaỗ Areas, organizations, and individuals of the Border Guard Force and Coast Guard assigned tasks in preventing and combating trafficking in persons; receiving, verifying, ensuring safety for victims, and assisting victims.developmentenvironment

Article 2. Applicability

This Circular applies to:

1. Organizations, units, and individuals related to preventing and combating trafficking in persons; receiving, verifying, ensuring safety for victims, and assisting victims.

2. Article 3. Principles for implementing measures in preventing and combating trafficking in persons

Measures for preventing and combating trafficking in persons and other related violations; rescuing, receiving, verifying, ensuring safety for victims, and assisting victims shall be carried out in accordance with the law.

1. Implementing measures for preventing and combating trafficking in persons must meet political, professional, and legal requirements; respect the legitimate rights and interests of relevant agencies, organizations, and individuals; comply with directives and guidance from superior professional agencies.

2. Promote the responsibility of agencies, organizations, and individuals in preventing andi combating trafficking in persons.nationalArticle 4. Funding Assurance, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP The funding for implementing measures for preventing and combating trafficking in persons by the Border Guard Force and Coast Guard shall be guaranteed annually by the state budget for the Ministry of National Defense.

3. The Border Guard Command and the Coast Guard General Department shall coordinate with relevant management agencies to use the funds in accordance with the law.No.MEASURES FOR PREVENTING AND COMBATING TRAFFICKING IN PERSONS

Article 5. Social Prevention Measures

1. Implement social prevention plans and programs for trafficking in persons in border areas, seas, and islands in accordance with the law and the functions, duties, fields of operation, and jurisdiction of the Border Guard Force and Coast Guard.No.phòng.

2. Take the lead and coordinate with functional agencies and local authorities to organize activities to raise awareness and responsibility among individuals, families, agencies, organizations, and communities; enhance vigilance and active participation in preventing and combating trafficking in persons and related offenses in border areas, seas, and islands.

Chapter II

Advise local party committees and governments to strengthen and build a solid grassroots political system, develop the economy, culture, and society, create jobs, improve the living standards of people in border areas; launch mass movements to participate in maintaining public security and order, prevent and report crimes, and build healthy areas.

3. Amend Clause 3 Article 2 as follows:iProvide legal knowledge on preventing and combating trafficking in persons; information on trafficking methods, guidance on self-protection for oneself, family, and community, and how to exercise citizens' rights and obligations in preventing and combating trafficking in persons.i

1. Implement plans and programs to prevent human trafficking at border areas, seas, and islands as prescribed by law and in accordance with the functions, duties, fields of operation, and management areas of Border Guard Forces and Maritime Police.policies Take the lead and coordinate with relevant agencies and local authorities to organize activities aimed at raising awareness and responsibility among individuals, families, organizations, and communities; heighten vigilance and actively participate in preventing and combating human trafficking and other related violations in border, sea, and island areas. lAdvise local party committees and governments on consolidating and building a strong grassroots political system, developing the economy and culture, creating jobs, improving the living standards of people in border areas; mobilize mass movements to protect public security and order, prevent and report crimes, and build healthy territories.

2. Provide legal knowledge on preventing and combating human trafficking; information on methods of human trafficking, guidance on self-protection for oneself, family, and community, and ways to exercise citizens' rights and obligations in preventing and combating human trafficking.

3. Prevent acts of harm or threats to the life, health, reputation, dignity, property of victims and their relatives, informants, and witnesses.aRECEIVING, VERIFYING, IDENTIFYING AND PROTECTING AND ASSISTING VICTIMS

4. The Border Guard Forces and Maritime Police shall rescue and receive victims returned by foreign countries, receive reports from victims returning on their own, and have the responsibility to coordinate with relevant agencies to carry out procedures for receiving, verifying, and identifying victims in accordance with the Law on Prevention and Combating Human Trafficking; Decree No. 62/2012/NĐ-CP dated August 13, 2012, and guiding documents.For power plants invested under the Build-Operate-Transfer (BOT) model, n is determined according to the operational period of the power plant stipulated in the BOT contract.The identification of victims must be based on the following sources of materials and evidence:

Article 6. Preventive MeasuresiAgainst Trafficking Activities

1. Implement preventive measures in accordance with the law to detect and prevent trafficking activities and other violations of laws on preventing and combating trafficking in persons.

2. Study and assess the situation, identify causes and conditions that give rise to trafficking crimes within the managed area to proactively take preventive measures and combat such crimes to eliminate the causes and conditions for trafficking crimes.

3. Coordinate with relevant agencies and local authorities to manage, educate, and deter individuals who commit trafficking crimes, those related to trafficking crimes, and individuals with prior convictions or offenses related to trafficking in border areas, maritime zones, and islands.

4. Organize the receipt and verification of information, documents, and reports of trafficking crimes provided by agencies, organizations, and individuals in accordance with the Criminal Procedure Code, the Law on Petitions, the Law on Complaints, and laws on preventing and combating trafficking in persons.

5. Strengthen patrol and control activities at borders, ports of entry, on the sea, and on islands to promptly detect and prevent trafficking crime activities.developmentCooperation with competent agencies to implement security management in border areas, maritime zones, and islands; manage population registration, temporary residence, and temporary absence; manage business service activities to prevent trafficking in persons.

6. Cooperate with international organizations to improve domestic legal systems and international cooperation related to the functions and tasks of preventing and combating trafficking in persons for Border Guard Forces and Coast Guard.nationalEnhance cooperation with functional agencies of neighboring countries in patrolling and controlling borders, exchanging information to prevent, detect, and stop trafficking activities.priority Apply other investigative measures as prescribed by law to prevent, detect, and stop trafficking crimes and other related violations.

7. Article 7. Detection and Combatting Trafficking CrimesnationalTake the lead and coordinate with relevant agencies and units to implement investigative measures to combat trafficking crimes in border, maritime, and island areas.

8. Apply investigative surveillance measures as prescribed to detect and prevent trafficking activities, dismantle criminal networks, rescue victims, and apprehend perpetrators.

9. Conduct investigations, collect evidence, and apply preventive measures to handle perpetrators of trafficking crimes and other related violations in accordance with the law.

Request agencies, organizations, and individuals to provide relevant information and documents to serve the investigation, detection, and handling of trafficking activities.

1. Coordinate with functional agencies to implement plans to combat and suppress crimes, investigate and detect, dismantle criminal networks, rescue victims.

2. Carry out international cooperation within the scope of authority in the field of combating and preventing trafficking in persons. rockApply other necessary measures as prescribed by law to prevent harmful acts or threats against the lives, health, reputation, dignity, property of victims and their relatives, informants, and witnesses., amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP RECEIVING, VERIFYING, IDENTIFYING AND PROTECTING SUPPORTING VICTIMS

3. The Border Guard Force and Coast Guard are responsible for rescuing and receiving victims returned from abroad, receiving self-reported victims, coordinating with relevant agencies to carry out procedures for receiving, verifying, and identifying victims in accordance with the Law on Prevention and Combating Trafficking in Persons; Decree No. 62/2012/NĐ-CP dated August 13, 2012, and guiding documents.

4. The identification of victims must be based on the following sources of information and evidence:

5. Cooperate with international organizations to improve domestic legal systems and international cooperation related to the functions and tasks of preventing and combating trafficking in persons for Border Guard Forces and Coast Guard.nationalInformation and evidence provided by investigative agencies; lInformation and evidence provided by rescue agencies;of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home AffairsInformation and evidence provided by Vietnamese representative offices abroad;onInformation and evidence provided by authorized foreign agencies;, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP d) Statements and evidence provided by victims;

6. Statements and evidence provided by individuals involved in trafficking activities;

7. Statements and evidence provided by individuals aware of the incident;ầOther lawful information and evidence.development Materials and evidence provided by investigative agencies;

Chapter III

Information and materials provided by rescue agencies;

Article 8. Receiving, verifying, and identifying victims

1. Information and materials provided by Vietnamese representative offices abroad;nationalMaterials provided by authorized agencies and organizations of foreign countries;amende) Statements and materials provided by the victim;

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) When the head specified in this point is absent, a deputy authorized by the head shall perform the head's powers and responsibilities and be accountable to the head for the assigned tasks.of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home Affairsp;

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) Temporary accommodation, food, clothing, and other essential items;

g) Initial healthcare, psychological support to eliminate feelings of shame; 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%;Transportation expenses, living expenses during travel, and guidance on procedures to claim support benefits under the law for victims wishing to return to their place of residence.

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.

Article 9. Protection of victims and their relatives person Victims and their relatives

1. Victims who are rescued and received by the Border Guard or Maritime Police from foreign countries, upon request and with grounds indicating that the victim or their relatives have been harmed or threatened with harm to their lives, reputation, health, dignity, or property shall be provided with protection measures and safety guarantees for the victim and their relatives according to specific circumstances and actual conditions as stipulated in Decree No. 62/2012/NĐ-CP dated August 13, 2012.councillORS The relatives of the victim include: spouse, biological father, biological mother, adoptive father, adoptive mother, stepfather, stepmother, biological child, adopted child, parents-in-law, siblings, paternal grandfather, paternal grandmother, maternal grandfather, maternal grandmother, grandson, granddaughter of the victim.

2. Protective measures.ồMaintaining confidentiality regarding the provision of documents and evidence by the protected person;to Maintaining confidentiality on personal information, identifying features, place of residence, work, study, and other related information about the protected person;

3. Arranging security forces at the places of residence, work, study, travel, and other necessary locations for the protected person;

a) Limiting the range of movement and communication of the protected person;

b) e) Arranging temporary shelters for the protected person;ngApplying preventive and blocking measures against acts of harm or threats to the life, health, reputation, dignity, and property of the protected person as prescribed by law.

c) Authority to issue decisions on applying protective measures. vThe Director of the Anti-Narcotics Crime Prevention Bureau of the Border Guard, the Commander of the Special Task Force under the Anti-Narcotics Crime Prevention Bureau of the Border Guard, the Commander of the Border Guard of the province or centrally-administered city, the Commander of the Border Guard Post, the Commander of the Border Guard Flotilla, the Commander of the Border Gate Guard; the Director, the Commander of the Region, the Head of the Special Task Force against Narcotics Crime, the Commander of the Flotilla, the Commander of the Squadron, and the Team Leader of the Investigation Team of the Maritime Police have the authority to issue decisions on applying protective measures as stipulated in Clause 3 of this Article and organize their implementation.

d) When the head specified in this point is absent, a deputy authorized by them shall exercise the powers of the head and shall be responsible to the head for the tasks assigned.

In cases of necessity, the person authorized to issue decisions on applying protective measures as stipulated in point a of Clause 4 of this Article has the right to request local authorities, agencies, organizations, and individuals involved to cooperate in applying protective measures to ensure the safety of the victim and their relatives.

e) Article 10. Assistance to victims

4. The Border Guard or Maritime Police, when rescuing or primarily receiving victims handed over by foreign countries, shall be responsible for providing essential support to the victims as prescribed by the Law on Preventing and Combating Trafficking in Persons; Decree No. 09/2013/NĐ-CP dated January 11, 2013, and guiding documents, including:

a) Providing temporary accommodation, supporting food, clothing, and other essential items;No.Providing initial healthcare and psychological support to eliminate feelings of shame;policiesSupporting transportation fees and living expenses during travel, guiding procedures for claiming support benefits as prescribed by law for victims wishing to return to their place of residence.nationalVictims not falling within the scope of Clause 1 of this Article, after being received, shall immediately transfer the victim to the competent agency to implement assistance to the victim as prescribed.

When the head specified in this Article is absent, a deputy authorized by the head shall exercise the powers of the head and shall be responsible to the head for the assigned tasks.developmentIn case of necessity, the person authorized to decide on applying the protective measures provided for in point a, Clause 4, Article of this Law has the right to request local authorities, agencies, organizations, and individuals related to cooperate in implementing protective measures for the safety of the victim and their relatives.

b) Article 10. Supporting the Victim

The Border Guard and Maritime Police, when rescuing or primarily receiving victims repatriated from abroad, shall be responsible for providing essential needs support to the victims in accordance with the provisions of the Anti-Trafficking in Persons Law; Decree No. 09/2013/NĐ-CP dated January 11, 2013, and guiding documents for implementation, including:national For power plants invested under the Build-Operate-Transfer (BOT) model, n is determined according to the operational period of the power plant stipulated in the BOT contract.periodProviding temporary accommodation, supporting food, clothing, and other essential items;

1. Initial health care, psychological support to eliminate feelings of shame;ầimplementation;policiesSupporting travel expenses, living expenses during the journey, and guiding procedures to receive support benefits according to the law for victims who wish to return to their place of residence.No.Victims not falling under the provisions of Clause 1 of this Article, after being received, shall immediately transfer the victims to competent agencies to implement support for the victims as prescribed.

a) Bố trí chỗ in tạm thời, hỗ trợ ăn, mặc và các vật dụng thiết yếu khác;

b) Chăm sóc sức khỏe ban đầu, hỗ trợ tâm lý xóa bỏ mặc cảm;

c) Hỗ trợ tiền ttou xe, tiền amendn trong thời gian đi đường, hướng dẫn làm thủ tục nhận chế độ hỗ trợ theo quy định của pháp luật đối với nạn nhân có nguyện vọng trở về nơi cư trú.

2. Nạn nhân không thuộc quy định tại Khoản 1 Điều này, sau khi tiếp nhận, làm các thủ tục chuyển ngay nạn nhân đến cơ quan chức năng đdevelopment thực hiện việc hỗ trợ nạn nhân theo quy định.

Chapter IV

IMPLEMENTING PROVISIONS

Article 11. HArticle litselfpowers as prescribed by law and other tasksi ADJUSTMENT

This Circular takes effect forty-five days from the date of signature.

Article 12. Liability fori ADJUSTMENT

1. The Chief of General Staff, the Director of the Political General Department, the Heads of agencies and units, and related individuals shall be responsible for implementing this Circular.

2. The Commander of the Border Guard Force, the Director of the Maritime Police Bureau shall be responsible for guiding and implementing this Circular./.