Quyết định 2546/QD-TTg

DECISION

GRANTING APPROVAL FOR HUMAN TRAFFICKING PREVENTION AND FIGHTING PROGRAM IN 2016 – 2020 PERIOD

THE PRIME MINISTER

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

Pursuant to the Law on Prevention of Human trafficking dated March 29, 2011;

Pursuant to the Criminal Code dated November 21, 1999 (amended in June 19, 2009);

At the request of the Minister of Public Security,

HEREBY DECIDE:

Article 1. Grant approval for human trafficking prevention and fighting program in 2016 – 2020 period as follows:

1. Objectives

a) General objectives

Reduce human trafficking risks; reduce human trafficking crimes; effectively carry out the tasks of receiving, protecting and supporting victims in returing home;

b) Particular objectives

- Objective 1: Enhance awareness of responsibility and capacity of individuals, families and entire society with the aim of preventing and coping with human trafficking risks.

- Objective 2: Reinforce detection, inspection, prosecution and bringing to justice any human trafficking crime.

- Objective 3: Receive, verify, rescue, protect and support victims in a timely and safe manner.

- Objective 4: Complete legislation and effectively implement policies and laws on human trafficking prevention and fighting.

- Objective 5: Reinforce cooperation and implementation of international commitments to human trafficking prevention and fighting.

2. Beneficiaries; governing scope and implementation period;

a) Beneficiaries

Vietnamese citizens; foreigners residing in the territory of Vietnam.

b) Governing scope

The Program shall be implemented across the country, other countries or territories under international commitments and laws of Vietnam with priority given to key routes, administrative divisions, provinces bordering on Cambodia, Laos and China.

c) Implementation period: From 2016 to the end of 2020.

3. Key measures and tasks of the Program

- Reinforce leadership, direction and inspection of Party committees, authorities on the tasks of human trafficking prevention and fighting; increase state management; complete legislation, include the Program in the socio-economic development plan; construct mechanism of intersectoral coordination and reinforce inspection and assessment of the implementation of policies and laws on human trafficking prevention and fighting.

- Direct and deploy forces, carry out professional measures consistently to increase the ratio of detection and investigation of human trafficking crimes, concentrate on destroying and wiping out organizations trafficking human beings for coercive labor; prosecute any human trafficking crime and bring it to justice; effectively implement policies and laws on reception and protection of victims.

- Diversify propagation and education about human trafficking prevention and fighting; maintain and spread efficient human trafficking prevention and fighting models in communities.

- Mobilize and use financial resources effectively to implement the Program with priority placed on key localities and localities unable to balance budgets; carry out the tasks of supervision and assessment by each project and the entire Program.

- Carry out activities of scientific research and international cooperation in human trafficking prevention and fighting; take the initiative in joining and hosting international events on human trafficking prevention and fighting.

4. Projects of the Program

a) Project 1: “Propaganda about human trafficking prevention and fighting”

- Leading agency: The Ministry of Information and Communications

- Targets:

+ Target 1: At least 75% and 100% (in 2017 and 2020 respectively) of the number of communes, wards, towns (herein 'communes') shall receive and implement written instructions on the policies and laws, media information on change of attitude towards human trafficking prevention and fighting.

+ Target 2: To 2020, at least 30% of the communes in key areas (Areas where human trafficking is rampant and lots of human trafficking victims return) shall have an intensive model for human trafficking prevention and fighting and 50% of the communes across the country shall have an integrated model for human trafficking prevention and fighting.

+ Target 3: From 2016, information concerning human trafficking prevention and fighting shall published on central and provincial-level media at least once a month.

+Target 4: To 2020, at least 75% of the residents in key areas, aged mainly 14 - 60, especially women and children shall have access to information concerning knowledge of laws on human trafficking prevention and fighting, skills of coping with circumstances relating to human trafficking.

- Sub-project 1: “Propaganda on human trafficking prevention and fighting on mass media”

+ Leading agency: The Ministry of Information and Communications

+ Coordinating agency: The Ministry of Public Security, Ministry of Defence, Ministry of Foreign Affairs, Ministry of Culture, Sports and Tourism, Ministry of Justice, Ministry of Labor, Invalids and Social Affairs, Vietnam Women’s Union, Vietnam Television, Voice of Vietnam, press agencies and other relevant ministries, sectors and organizations.

+ Main activities:

Create columns on human trafficking prevention and fighting in central and local press with the aim of providing information and instructions to residents on responses to signs of human trafficking detected.

Create sketches, newspaper reports, articles; increase airtime on mass media and grassroots cultural institutions for human trafficking prevention and fighting, especially how to help residents heighten vigilance and self-protection.

Provide instructions on implementation of human trafficking prevention and fighting with focus on provision of information, detection and notification of signs of human trafficking; encourage application of such instructions in entities that provide services concerning culture, sporting, tourism, marriage with foreigners, child adoption, job counseling, sending Vietnamese people to work overseas under contract.

Reinforce propaganda on human trafficking for the purpose of coercive labor;

Orient telecommunications, information technology and Internet service users toward publishing articles on human trafficking prevention and fighting from mass media in their personal blogs, social media to intensify communication efficiency.

Organize training to enhance capacity and knowledge of human trafficking prevention and fighting for reporters, editors from press agencies.

- Sub-project 2: “Propaganda about human trafficking prevention and fighting in communities”

+ Leading agency: Vietnam Women’s Union

+ Coordinating agency: The Ministry of Public Security, Ministry of Defence, Ministry of Information and Communications, Ministry of Culture, Sports and Tourism, Ministry of Justice, Ministry of Labor, Invalids and Social Affairs, Ministry of Education and Training, Vietnam Fatherland Front, Communist Youth Union of Ho Chi Minh City, and other relevant ministries, sectors and organizations.

+ Main activities:

Carry out communication strategies to change attitudes of communities across the country with priority placed on key provinces and municipalities.

Carry out propagation and education about laws on human trafficking prevention and fighting; organize communication activities in communities, communication strategies, exchange of information and experience with regional countries, especially the countries sharing having common borderlines; communication activites shall be highly interactive;

Complete and spread the implementation of the common set of communication materials on human trafficking prevention and fighting to grassroots agencies, with adjustments being made to suit individual groups, especially ethnic minorities. Organize training to enhance capacity of speakers, commentators, collaborators in localities, provide supports for effectively carrying out propaganda and instruction to communities on human trafficking prevention and fighting.

Collect information and signs relating to human trafficking in communities in a timely manner through the models of activities of Women’s associations at all levels;

Heighten awareness of victims, families and communities about human trafficking prevention and fighting, make contribution to supporting human trafficking victims as women, children in returning home and joining communities.

Carry out survey, build, maintain and propagate effective human trafficking prevention models; carry out exchange of information and experience with women associations of other countries in the region, especially the countries having common borderlines.

Mobilize financial resources and technical assistance from international organizations, non-governmental organizations for supporting propagation and dissemination of laws on human trafficking prevention and fighting in communities.

b) Project 2: “Human trafficking prevention and fighting”

- Leading agency: The Ministry of Public Security

- Targets:

+ Target 1: Annually, 100% of key routes, areas shall be supported by functional agencies in taking professional measures to prevent, detect and deter crimes.

+ Target 2: 100% of the information related to human trafficking crimes forwarded to competent agencies shall be classified and handled. Any sign of crime shall be verified according to laws.

+ Target 3: Number of cases facing charges of human trafficking over total number of cases detected shall increase by 2% annually.

+ Target 4: Annually, number of cases prosecuted over the total number of cases handled by the Procuracy shall reach 95%.

+ Target 5: Annually, number of cases brought to trial over the total number of cases handled by the Procuracy shall reach 95%.

- Sub-project 1: “Human trafficking prevention and fighting in inland areas”

+ Leading agency: The Ministry of Public Security

+ Coordinating agency: The Ministry of Defence, the Supreme People’s Procuracy, the Supreme People’s Court, Ministry of Foreign Affairs and Ministry of Justice.

+ Main activities:

Conduct basic criminal investigation, apply professional measures consistently with focus on key routes, areas to prevent, detect and deter acts in violation of laws on human trafficking crimes.

Receive and verify reports on, denunciations of human trafficking crimes.

Investigate and discover human trafficking rings, pursue and capture criminals and concentrate on measures to rescue and protect victims.

Open intensive attacks on and suppress human trafficking criminals across the country with focus on key routes and areas.

Study and prepare lectures; conduct training in investigation skills and methods.

Carry out inspection of human trafficking prevention and fighting activities from grassroots agencies.

Reinforce cooperation among sectors, local governments, functional forces and other countries, international organizations, especially the countries having common borderlines in investigation and handling of crimes, rescuing and protecting victims.

Mobilize financial resources and technical assistance from international organizations, non-governmental organizations for human trafficking prevention and fighting activities and protection of victims.

- Sub-project 2: “Human trafficking prevention and fighting in border, sea and island areas”

+ Leading agency: The Ministry of Defence (Command of Border Defence Force)

+ Coordinating agency: The Ministry of Public Security, the Supreme People’s Procuracy, the Supreme People’s Court and Ministry of Foreign Affairs.

+ Main activities:

Conduct basic criminal investigation, deploy professional measures, combine border patrols and entry & exit control with intensification of propaganda with the aim of detecting and preventing human trafficking crimes.

Receive and verify reports on, denunciations of human trafficking crimes; investigate, discover, pursue and capture criminals; collect evidence for human trafficking charges; carry out investigation within competence and take measures to rescue, receive, protect and support victims according to laws.

Cooperate with police forces in opening intensive attacks on human trafficking crimes with focus on border routes.

Organize training for reconnaissance officers belonging to border defence force to enhance knowledge and skills in detecting and investigating human trafficking cases, receiving and protecting victims.

Strengthen cooperation with functional forces from Cambodia, Laos and China in investigating, pursuing and capturing criminals; rescuing, receiving and protecting victims; mobilize financial resources and technical assistance from international organizations, non-governmental organizations for the fight against human trafficking crimes and protection of victims.

- Sub-project 3: “Prosecution and adjudication of human trafficking criminals”

+ Leading agency: The Supreme People’s Procuracy

+ Coordinating agency: The Ministry of Public Security, Ministry of Defence, Ministry of Justice and the Supreme People’s Court.

+ Main activities:

Exercise the rights of prosecution and supervising the tasks of receiving and handling reports on, denunciations of criminals and requisitions for criminal charges; supervise investigation and adjudication of human trafficking cases.

Adjudicate human trafficking lawsuits, coordinate organization of mobile trials of human trafficking lawsuits.

Carry out statistical work concerning figures of human trafficking crime;

Implement measures to protect victims during the process of prosecution, adjudication of human trafficking lawsuits, especially victims as children.

Maintain effective coordination among presiding agencies in order to create favorable conditions for investigation, prosecution and adjudication of human trafficking criminals.

Carry out activities of judicial assistance for human trafficking prevention and fighting.

Organize training to enhance knowledge and skills for prosecutors, judges in carrying out prosecution and adjudication of human trafficking lawsuits, especially human trafficking for the purpose of coercive labor; protection and compensation for victims.

Mobilize financial resources and technical assistance from international organizations, non-governmental organizations for the tasks of prosecution and adjudication of human trafficking lawsuits and protection of victims.

c) Project 3: “Reception, verification, protection and assistance for victims”

- Leading agency: The Ministry of Labor, Invalids and Social Affairs

- Targets:

+ Target 1: Number of received cases with procedures for verification, identification of victims and supportive benefits according to laws being fulfilled shall reach 100%.

+Target 2: Number of victims in need of supports according to laws shall reach 100%.

+ Target 3: Number of victims and relatives in need of protection according to laws shall reach 100%.

+ Target 4: To 2020, number of key provinces and municipalities carrying out the establishment of community integration support models for victims shall reach 100%.

- Sub-project 1: “Reception, verification and protection of victims”

+ Leading agency: The Ministry of Public Security

+ Coordinating agency: Ministry of Defence, Ministry of Foreign Affairs, Ministry of Labor, Invalids and Social Affairs, the Supreme People’s Procuracy, the Supreme People’s Court, Vietnam Women’s Union, the People’s Committees of provinces and relevant ministries, sectors.

+ Main activities:

Receive, verify and identify victims; provide initial supportive benefits according to laws.

Take appropriate measures to protect victims and their relatives, keep victim information secret according to laws.

Implement regulations on intersectoral coordination effectively, make preliminary and summary wrap-up reports, propose amendments and supplements to written instructions on procedures, authority on reception, verification, identification and protection of victims according to applicable regulations.

Enhance capacity for relevant officials and share experience in coordination among sectors, local governments, social organizations in reception, verification, identification and protection of victims.

- Sub-project 2: “Supporting rescued human trafficking victims”

+ Leading agency: The Ministry of Labor, Invalids and Social Affairs

+ Coordinating agency: The Ministry of Public Security, Ministry of Defence, Ministry of Foreign Affairs, Ministry of Education and Training, Ministry of Justice, the Supreme People’s Court, Vietnam Women’s Union, the People’s Committees of provinces and relevant ministries, sectors and organizations.

+ Main activities:

Carry out study on the establishment of the mechanism on transfer of medical facilities for victims; establish supporting networks for victims and follow standard procedures for supporting rescued victims in joining the community with priority placed on victims as women and children.

Carry out victim support tasks in social relief establishments, victim assistance centers and in communities according to laws.

Make preliminary and summary wrap-up reports, propose amendments and supplements to legislative documents on benefits and policies for victims, regulations on conditions and procedures for establishment of victim assistance centers, social relief establishments according to applicable regulations.

Organize training to enhance capacity for cadres from labor, invalid and social affairs sector and relevant agencies to effectively implement the tasks of receiving and supporting rescued victims in joining communities.

Upgrade facilities serving victim support tasks in victim assistance centers and social relief establishments affiliated to key provinces and municipalities.

Carry out assessment, learn experience and propagate successful victim support models in communities; encourage organizations and/or individuals at home and abroad to take part in victim support tasks.

Follow up and speed up enforcement of sentences for human trafficking which have been pronounced effective in court.

Mobilize financial resources and technical assistance from international organizations, non-governmental organizations for reception, protection and assistance for victims.

d) Project 4: “Completing legislation and overseeing implementation of policies and laws on human trafficking prevention and fighting”

- Leading agency: The Ministry of Public Security

+ Coordinating agency: The Office of the National Assembly, Office of Government, Ministry of Justice, Ministry of Defence, Ministry of Foreign Affairs, Ministry of Labor, Invalids and Social Affairs, the Supreme People’s Procuracy, the Supreme People’s Court, Central Committee of Vietnam Fatherland Front, Vietnam Women’s Union and relevant ministries, sectors.

- Targets:

+ Target 1: 100% of written instructions on the execution of the Criminal Code (amended) and the Criminal Procedure Code (amended) concerning human trafficking crime and protection of victims shall be promulgated and take effect at the same time as the Criminal Code (amended), the Criminal Procedure Code (amended).

+ Target 2: 100% of presiding agencies at central and provincial levels shall have the plan for deployment and inspection of the enforcement of the Criminal Code (amended), the Criminal Procedure Code (amended) including regulations on human trafficking prevention and fighting, protection of human trafficking victims.

+ Target 3: 100% of written instructions on the implementation of the Law on Prevention of Human trafficking and other relevant documents shall be strictly complied.

+ Target 4: Complete and submit procedures to competent authorities for decision on accession of Vietnam to the Protocol against the smuggling of migrants by land, sea and air supplementing the Convention against transnational organized crime (TOC)

- + Main activities:

+ Promulgate legislative documents instructing implementation of the Criminal Code (amended) and the Criminal Procedure Code (amended) concerning human trafficking crime and protection of human trafficking victims.

+ Promulgate plan for deployment and inspection of the enforcement of the Criminal Code (amended), the Criminal Procedure Code (amended) including regulations on human trafficking prevention and fighting, protection of human trafficking victims.

+ Formulate the project of research on accession to the Protocol against the smuggling of immigrants by land, sea and air supplementing the Convention against transnational organized crime.

+ Assess the impact of the Law on Prevention of Human trafficking, make proposal to competent agencies for measures to enhance efficiency in implementation and completion of laws.

+ Propose amendments and supplements to, or promulgate written instructions on the implementation of the Law on Prevention of Human trafficking.

+ Make preliminary and summary wrap-up reports, propose amendments and supplements to legislative documents to ensure consistency and intensify efficiency in state administration for human trafficking prevention and fighting.

+ Follow up and supervise the implementation of laws on  human trafficking prevention and fighting.

dd) Project 5 “International cooperation in human trafficking prevention and fighting”

- Leading agency: The Ministry of Public Security

+ Coordinating agency: Ministry of Foreign Affairs, Ministry of Justice, Ministry of Labor, Invalids and Social Affairs, Ministry of Defence, the Supreme People’s Procuracy, the Supreme People’s Court, Vietnam Women’s Union and relevant ministries, sectors.

- Targets:

+ Target 1: 100% of human trafficking cases associated with foreigners shall be handled under coordination between the country’s functional agencies and law enforcement forces of other countries and relevant organizations.

+ Target 2: 100% of international treaties, international agreements on human trafficking prevention and fighting to which Vietnam is a signatory shall be implemented.

+ Target 3: 100% of international agreements on human trafficking prevention and fighting to which Vietnam is a signatory shall be reviewed periodically and planned for implementation in the next time.

+ Target 4: To 2020, the promotion of activities of studying, surveying and defining mechanism of cooperation, agencies (as head contacts) for cooperation shall be carried out with at least five countries; the signing of international treaties, international agreements on cooperation in human trafficking prevention and fighting shall be executed with at least two countries.

- Main activities:

+ Implement international agreements and international commitments to human trafficking prevention and fighting to which Vietnam is a signatory, specially the TOC, the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, ASEAN Joint Declaration, COMMIT Joint Declaration, Bilateral Cooperation Agreement between Vietnam and Cambodia, Laos, Thailand, China on human trafficking prevention and fighting.

+ Strengthen cooperation in exchange of information, settlement of human trafficking cases, pursuing and capturing criminals, rescuing victims, sharing experience and training to enhance capacity for human trafficking prevention and fighting;

+ Organize study and investigation of human trafficking activities and learn about policies and laws of the countries where most of the victims are Vietnamese to identify the agencies (as head contacts), mechanism of cooperation in exchange of information, settlement of human trafficking cases, rescuing victims and capturing criminals.

+ Make preliminary and summary wrap-up reports on the implementation of international agreements, international treaties or any cooperation agreements signed between Vietnam and other countries for human trafficking prevention and fighting, propose amendments and supplements thereto to competent authorities if necessary.

+ Study and put forward proposals to competent authorities for construction, negotiation, accession and implementation of international agreements, international treaties or other cooperation agreements with other countries, international organizations, non-governmental organizations and individuals as foreigners for human trafficking prevention and fighting in accordance with laws of Vietnam.

+ Organize visits from international delegations or oversea trips for Vietnamese delegations to learn and share experience in the area of human trafficking prevention and fighting; organize international conferences, workshops and forums on human trafficking prevention and fighting in Vietnam.

5. Budgets for the Program

a) Expenditures shall be allocated within the recurring expenditure estimates of ministries, sectors and local governments. In addition, budgets shall be mobilized from funds for crime prevention and fighting, international grants and other legal sources according to laws.

b) Annually, based on the tasks assigned under this Decision, the ministries, sectors and local governments shall carry out the formulation of budget spending estimates to ensure activities of the Program and make the submission to competent authorities for decision.

Article 2. Implementation

1. Management mechanism

The Program for human trafficking prevention and fighting in 2016 – 2020 period shall be managed by the Government’s Steering Committee for Crime Prevention and Control (138/CP Steering Committee) under the Prime Minister’s Decision No. 187/QD-TTg dated January 18, 2013.

2. Responsibility

- The Ministry of Public Security shall preside over projects 2, 4, 5; formulate and implement Sub-project 1 under Project 2, Sub-project 1 under Project 3; cooperate with relevant ministries, sectors in implementing the remaining projects as prescribed; cooperate with the Ministry of Finance, Ministry of Planning and Investment and other relevant ministries and sectors in inspecting the projects prior to the submission to competent authorities for approval.

- The Ministry of Defence shall preside over the formulation and implementation of Sub-project 2 under Project 2; cooperate with relevant ministries and sectors in implementing the remaining projects within border, sea and island areas as prescribed.

- The Ministry of Labor, Invalids and Social Affairs shall preside over Project 3; formulate and implement Sub-project 2 under Project 3; cooperate with relevant ministries and sectors in implementing the remaining projects on victim assistance as prescribed.

- The Ministry of Information and Communications shall preside over Project 1; cooperate with relevant ministries, sectors in formulating and implementing Sub-project 1 under Project 1.

- The Ministry of Finance shall preside over and cooperate with the Ministry of Public Security and other ministries, sectors in determining and allocating budgets for implementation of the program within recurrent expenditure estimates of the ministries, sectors and local governments according to current budget management decentralization.

- The Ministry of Justice shall preside over and cooperate with the Ministry of Public Security and relevant ministries, sectors in assessing the impact of the Law on Prevention of Human trafficking; carry out dissemination and education about laws on human trafficking prevention and fighting, and legal assistance for victims. Govern, direct and inspect marriage support and child adoption activities to prevent and fight against corrupt use of such activities to traffick human beings.

- The Ministry of Foreign Affairs shall provide instructions to Vietnam’s representative bodies overseas on the provision of protection for Vietnamese citizens as human trafficking victims; cooperate with competent agencies at home and abroad in carrying out verifications and other necessary procedures for bringing the victims home.

- The Ministry of Culture, Sports and Tourism shall cooperate with relevant ministries, sectors in implementing Project 1, integrating contents of the propaganda on human trafficking prevention and fighting into cultural and tourism programs; direct and inspect tourism activities, cultural services to prevent and fight against corrupt use of such activities to traffic human beings.

- Vietnam Women’s Union shall preside over and cooperate with relevant ministries, sectors in constructing and implementing Sub-project 2 under Project 1; engage in the implementation of the remaining projects, sub-projects as prescribed.

- The Supreme People’s Procuracy shall preside over and cooperate with relevant ministries, sectors in constructing and implementing sub-project 3 under Project 2; engage in the implementation of the remaining projects, sub-projects as prescribed.

- The Supreme People’s Court shall cooperate with relevant ministries, sectors in implementing Project 2 and other projects, sub-projects as prescribed.

- Other ministries and ministerial-level agencies, governmental agencies shall engage in the implementation of the Program within functions, duties assigned.

- People’s Committees of central-affiliated provinces shall direct the implementation of the Program in localities; integrate the Program into socio-economic development objectives and carry out the monitoring and assessment of the implementation of the Program in localities.

- The Central Committee of Vietnam Fatherland Front and its member organizations within assigned functions and duties shall engage in monitoring the implementation of the Program; step up propaganda and dissemination of policies and laws, and call for the entire country to participate in prevention, detection and denunciation of crimes, education and conversion of criminals in families and residential communities.

Article 3. This Decision takes effect since the date of its promulgation.

Article 4. The Ministry of Public Security shall preside over the management of the Program and take responsibility for inspecting and speeding up the implementation of the Program.

Ministers, heads of ministerial-level agencies, heads of governmental agencies, presidents of the People’s Committees of central-affiliated provinces, cities shall be responsible for executing this Decision./.