Circular 01/2014/ttlt-Bca-Bqp-Bldtbxh-Bng: Guidelines, Procedures And Coordination Relations In The Verification, Identification, Receiving And Return Victims Were Buying And Selling

Original Language Title: Thông tư liên tịch 01/2014/TTLT-BCA-BQP-BLĐTBXH-BNG: Hướng dẫn trình tự, thủ tục và quan hệ phối hợp trong việc xác minh, xác định, tiếp nhận và trao trả nạn nhân bị mua bán

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MINISTRY OF DEFENSE-MINISTRY OF LABOR-COMMERCE AND SOCIETY-MINISTRY OF FOREIGN AFFAIRS
Number: 01 /2014/TTLT-BCA-BQP-BLTBXH-BNG
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, February 10, 2014

FEDERAL INFORMATION

The direction of the sequence, procedures and coordination relations in verification,

determining, receiving and handing out victims of a sale

______________________

Office of Law Enforcement, anti-sale in 2011;

Base of Protocol 36 /2012/NĐ-CP April 18, 2012 the Government regulates the functions, duties, powers, and organizational structure of the Ministry, the peer-to-peer body;

Base of Protocol 62 /2012/NĐ-CP August 13, 2012 the government regulates the base for which victims are bought and safe for their victims, their loved ones;

Minister of Public Security, Minister of Defense, Minister of Labor-Trade and Social Affairs and the Minister of Foreign Affairs issued the Information Communication guidelines, procedures and coordination relations in the verification, identification, reception, and exchange of victims of the Ministry of Foreign Affairs. I mean, the deal is

Chapter I

GENERAL REGULATION

What? 1. The tuning range, subject

1. This joint venture guide guidelines on the order, procedures and coordination relations between the authorities of the Ministry of Public Security, the Ministry of Defense, the Ministry of Labor and Social Affairs and the Ministry of Foreign Affairs and the Ministry of Foreign Affairs in verification, identification, reception and exchange of victims. buy for sale (for example victims) regulations at Articles 24, Article 25 and Article 26 of the Law, anti-human trafficking. The case of an international treaty or international agreement in which Vietnam is another regulated member states that the treaty or agreement is made.

The United States Census Bureau is determined by Article 5 of Decree No. 62 /2012/NE on August 13, 2012 of the Government of the Prescribed State on the basis of the identification of the victim being bought and safe for the victim, their loved ones.

2. This citizenship applies to victims being Vietnamese citizens in the country and abroad, the victim is that foreigners are in Vietnam, the authorities of the Ministry of Public Security, the Ministry of Defense, the Ministry of Labor-Trade and Social Affairs, the Ministry of Foreign Affairs said. The authority to verify, identify, receive, and pay the victims of the sale and the organs, the organization, the other person involved.

What? 2. The principle of verification, determination, reception and return of victims

1. comply with the regulation of the law on the chamber, against the sale of people.

2. Make sure to be timely, accurate, safe; protect the lives, health, dignity and respect of rights, the legitimate interests of the victim.

3. Secure the secret information about the victim, their loved ones according to the rule of law.

What? 3. Make sure

The funding guarantees for verification, identification, reception, and exchange of victims due to the state budget warranties in the annual spending bill delivered by the agencies, the unit under the regulation of the state budget law and the manual text of the competition. Go.

Chapter II

VERIFY, IDENTIFY, TAKE ON THE VICTIM AS A CITIZEN

VIETNAM IS BEING SOLD OVERSEAS

What? 4. Verify, identify, take on the victim is abroad.

1. The diplomatic representation agency, the consuFA representative agency or other authority is authorized to carry out the consugability function of Vietnam abroad (collectively known as the Vietnamese representative body abroad), when receiving information on the information, the document on the victim due to the agency. has the authority of foreign affairs, international organization, the authorities of Vietnam in the exchange or by the victim, who knows the arrival of the report, performs the following work:

a) The case with information that indicates that the victim has not been rescued, inform the authorities of the state's authority to coordinate the examination, verify, and organize the rescue if the source of the information is based.

b) The case of the victim was rescued or the person who committed suicide was the victim to the report at the Vietnamese representative body abroad:

-Conducting inspection, verification of information, collection of documents related to the alleged victims of the sale and certificates of Vietnamese nationality, Vietnamese entry papers;

-A victim's guide to the affidavit used for victims of foreign trade returned to the United States. Where the victim is a child or person who is not able to self-manifest, the cadre receives records according to their testimony;

-The case is enough base to identify as Vietnamese citizens and victims of public protection and coordination with the state authorities in support of the essential needs for the victim; the passage of information to the victim of water for the victims. the cases where there are no valid entry-entry papers. The case has not yet been identified as Vietnamese citizens or not enough base identified as the victim in the period of not too 03 (three) days since receiving the information, the document on the affidavit is the victim, the foreign representative body of Vietnam abroad. send text, accompanied by that person ' s profile (including the affidavit of full personnel elements, information, foreign documents, international organizations provided or by the foreign representative agency of Vietnam) on the Bureau of Immigration Management, the Ministry of Public Affairs. To confirm the provisions of Article 2 of this, the Consul General, the Ministry of Foreign Affairs to coordinate.

In the non-03rd period (three) the day since the date received the reply of the Bureau of Immigration Input Management, the Vietnamese Representative Agency overseas issued a notice to the victim to the victim of those agreeing to return without the entry papers. A valid scene. For the undetermined case of the person or not enough base identified as the victim, it is resolved by the general regulation of the Vietnamese law and the country;

-Implementers the necessary procedures (media layout, appearance visa) and coordination with the country's functional body, international organizations (if any) to organize the victim with a valid entry of the country; written notice to the Bureau. The management of the entry point, time, entry of the entry; details of the victim, number, and type of entry of the victim's entry, of the country's official or international organization with the victim (if any) before the victim's entry of at least 05 (5) the date for the organization to take over the provisions at paragraph 3 of this.

2. The verification, identifying the victim of the authorities in the country:

a) Shortly after receiving the text of the recommendation of the verification by the agency of the Vietnamese representative abroad stipulated at the b point clause 1 This Article, the Bureau of Immigration Affairs is responsible for organizing verification or directing the Provincial Police Export Management Agency, the city. The Central Committee of the Central Committee (later known as the Provincial Security Enforcement Administration) verify, while submitting the text to the Police Department investigating the criminal order of social order, the Ministry of Public Security to coordinate the verification as needed.

In the 10 (ten) days of day since the date received the request for verification, the Provincial Security Police Input Management Agency reports the results of the verification of the Bureau of Immigration Input through the blackout or faxed simultaneously in writing.

b) In the period of no more than 03 (three) days since receiving the results of verification, the Bureau of Immigration Services is responsible for responding to the Vietnamese representative body abroad and the co-sending of the Office for the Consul Bureau to coordinate.

3. The organization receives the victim back through the international airport store:

a) The Administration of the Presiding Officer, in collaboration with the authorities of the ministries, the relevant sector does the receiving of the following:

-Before the day of the victim's expected entry of at least 03 (three) days, the Bureau of Immigration Exporting Announced the timing, location, list of victims returned to the Police Department investigating the criminal order of social order, the Department of Labor-Trade and Social Affairs where the store was available. The victim returns to co-ordinate reception;

-At the entry of the victim entry: performing the passport, check out and taking on the victim; sign of the delivery, receiving the victim purchased from abroad (the receipt of the letter, receiving the victim purchased at Appendix 3) This link) to the foreign authorities (if any); as a case of entry to the victim; check the records of the victim due to the foreign side of the table or giving it to the victim; if there were no records for the victim being bought from abroad returned home. The victim of the victim, the victim of the victim, issued the victim's license, issued a water certificate to the victim. Hey!

-If the victim had a desire to return to the residence, support the vehicle's money and money during the journey. The case of a victim is a child, who is not able to return to the locality of the residence, informing the relatives of the recipient or the layout of the victim's relatives. Where the victim has no residence or may be able to reside at a social protection facility or a victim 's support facility, the victim is a child who is not home to the victim' s desk (accompanied by relevant papers) for the Department of Labor-Trade and Social Affairs. the assembly of the place where there is a door to settle in accordance with the rule of law;

-A written notice for the Department of Provincial Public Immigration Enforcement Administration where the victim of residence for management, tracking.

b) At the entry of the entry victim, the Police Department investigating the criminal order in coordination with the Bureau of Immigration Management took the initial testimony of the victim to exploit, gather information, document about the organization, the individual performing the sale of people, serving as an investigative work, processed by law.

c) Department of Labor-Trade and Social Affairs where there is a store after receiving a victim ' s hand from the Department of Immigration Management, is responsible for bringing the victim to a social protection facility or the facility to support the victim in its locality to carry out the prescribed support. The law.

4. The organization receives the victim back through the road, rail, sea port:

a) The Bureau of Immigration Entrance Management informed the Provincial Security where the slowest immigration victim store was 3 (three) the day before the victim expected entry to direct the Immigration Entrance Management Agency and the Police Department investigating criminal order on social order. coordination with the organizational functions of the organization.

b) The provincial security site where the entry of the victim entry when received by the announcement of the Bureau of Entrance Management is in charge of the exchange, which unified the plan to take with the Border Force Headquarters, the Department of Labor and Social Affairs where the victim store was located. The entry point for the coordination.

c) The store of the store where the victim is in charge of the execution: the passport, the victim's identification; the delivery of the letter, the receipt of the victim being purchased from abroad, returned to the foreign authorities; the victim's instructions on the affidavit to the victim. was purchased overseas and served as an entry for the victim, then handed a victim to the Department of Provincial Public Security Immigration (a Border Patrol model, receiving the victim being purchased on Appendix 4 issued by this Federal Information).

d) The management of the Provincial Public Security Police Department after receiving the victim's hand, issued a water certificate to the victim (samples of Water Certificate in Annex 6 issued by this link) and in coordination with the Police Department. The criminal order of the Department of Public Social Security takes the initial testimony of the victim to exploit, gather information, document the organization, the individual who practices the purchase of human trafficking, serves as an investigative work, processed under the law.

If the victim has a desire to return to the residence, support for car and money trains during the travel time; the case of the victim is a child, who is not able to return to the locality where the residence is informed of relatives who come to receive or identify others. brings home to the relatives of the resident victim; the case of the victim has no residency or whether there is a shelter at the social protection facility, the facility that supports the victim, or the victim is children who are not home to the victim ' s desk (accompanied by available papers). related) to the Department of Labor-Trade and Social Affairs where the arrival of the store receives the victim to support under the rule of law.

The Governing Body of the Provincial Security Police Department of Public Affairs where the recipient of the victim after the procedure has been made, informed the Department of Immigration Public Security Immigration Police Department where the victim of residence for management, tracking.

e) Department of Labor-Trade and Social Affairs after receiving a victim ' s hand from the Provincial Security Police Immigration Administration has a responsibility to bring the victim to the social protection facility or the facility to support the victim in its locality to carry out the prescribed support. The law.

What? 5. Verify, identify, take on the victim from abroad returning home

1. The case of victims from foreign countries returning themselves, to the paper at the Border Station or by the Border Patrol, the Coast Guard discovered in the border area, the island, on the sea:

a) The Border Patrol, the Coast Guard.

-temporary accommodation and essential needs for the operator to be the victim in case of need;

-Take the testimony of the victim; check out the documents related to the body, nationality, and document information as the basis of the victim's identification;

-Gathering information, documents related to the organization, individuals who carry out the sale of human trafficking victims known to serve as an investigative work, anti-crime, anti-crime crime;

-Hand over the victim to the nearest People's Committee where the person reports or is discovered.

b) People's committee of the township, the Chamber of Labor-Trade and the District Social and the District Public Safety Authority carry out the reception, verification by regulation at Article 6 of this Federation.

2. The case of victims from foreign countries returning, to the report at the local public or government agency, the reception, verification, identification, identification, support of the victim is carried out as the case of a victim being purchased in the country by regulation at Article 6. This is a private venture.

Chapter III

TAKE OVER, VERIFY, IDENTIFY THE VICTIM AS CITIZENS.

VIETNAM IS BOUGHT IN THE COUNTRY

What? 6. Continue, verify, identify the victim to the report

1. People ' s Committee or the Public Security Committee upon receiving the victim, the legal representative of the victim to declare a sale, is responsible for instructing the person to prescribe to the affidavit used for domestic trafficking (a sample used for victims). In addition to being bought in the country at Appendix 2, it is accompanied by the President of the United States, and it is reported that a child or a person is not able to manifest itself, and the officer goes on record, according to the person's testimony; the need to support the need. essential for the declarer to be the victim in the case of necessity; inform the Chamber of Labor-Trade and Social Affairs of the district to perform regulatory procedures. At the expense of these two things.

2. Chamber of Labor-Trade and Social Affairs, in the period of no more than 03 (three) days since receiving the notice of the People ' s Committee or the Social Security Committee on the victim, carrying out the following:

a) The case with the papers, the document that proves the victim is to allow them to return to the residence or to the social protection facility, the facility that supports the victims according to the regulations;

b) The case with no papers, the certificate of the victim, sent the deed of the Public Security proposal where the victim resided or where the victim occurred on the sale of the person to verify. In the time of waiting for verification of the affidavit, the victim was assisted in the need for essential requirements under the rule of law. After having a written response from the District Security, it is determined that the victim is carrying out the victim's assistance to the situation where the victim is located at this point.

3. The district level public where the affidavit is a resident victim or where they declare a charge of the sale of the responsible person who does the following:

a) Verification, identify the victim and answer the results in the period of no more than 20 (twenty) days from the date of receiving the recognized text of the verification of the Chamber of Labour-Trade and Social Affairs (regulation at the b point 2 This Article);

b) The case of confirming enough grounds that the victim was a victim, issued a license to confirm that the victim was purchased (a sample confirmed to the victim at Appendix 7, issued by this link), sent the results of this identification and confirmation paper to the Chamber of Labor. Trade and Social Affairs to address the support of victims by regulation;

c) For complex cases or verification involving multiple localities, the District Security reports the Provincial Public Security (Police Department investigating the crime of social order) to direct the verification; in this case the verification deadline returns to the conclusion of the case. No more than 60 (sixty) days from the date of receiving the report of the District Security. After verification, if enough base identified the victim, the verification agency responded and issued a license to confirm that the victim was bought and notified the District Security Council to carry out the provisions of the stipulation at this b point.

What? 7. Verify that the victim is rescued

1. The Rescue Agency (Public Security, Border Police Department, Marine Police) performs the following:

a) The case where the rescued person has enough grounds to determine the victim is to carry out the support of essential needs for the victim; the degree of identification of the victim is purchased; the victim's desk for the Chamber of Labor-Trade and Social Affairs from the district. Saving procedures for making these two things.

b) The case is not fully defined as the victim then after the implementation of the essential needs, the human hand rescue agency is rescued for the Department of Labor and Social Affairs of that locality to put into a social and social protection facility. Support the victim.

2. The Chamber of Labor-Trade and Social Affairs where the rescue performs the following:

a) The case of the rescued people who have been granted a license to confirm that the victim being bought is in accordance with the law;

b) The case has not yet been established as the victim, then sent the document to the District Security proposal where the rescued person, identified the victim; when the verification results, settled the procedure as for the case of the victim being purchased in the country. specified at paragraph 2 Article 6 of this article.

3. The district security where the rescued person performs the verification, identifies the victim and answers the results to the Chamber of Labor-Trade and Social Affairs under the regulation at paragraph 3 Article 6 of this Article.

The case of the District Security is determined not to be the victim, the Chamber of Labor and Social Affairs in coordination with the Director of Social Protection or the facility supporting the victim as the rescued procedures. out of a social or social support facility under the rule of law.

Chapter IV

TAKE ON, VERIFY, IDENTIFY, AND RETURN THE VICTIM.

A FOREIGNER BOUGHT IN VIETNAM.

What? 8. Continue, verify, identify victims

1. The case of unsolved victims:

Upon receiving information, the document on the victim is due to foreign authority, international organization, agency, organization in the exchange, or by the person who is aware of the report, the agency recepts the information to the Police Department. Criminal investigation of the Department of Public Security order where the victim is held to verify, investigate, rescue.

2. The case where the victim was rescued or declared a suicide victim:

a) The Public Security, Border Protection, Police Department where the rescue of the victim or the Public Security Agency (township, district, province) where the recipient is a victim who imples the assistance of essential needs to the victim if it is needed and transferred immediately to the Chamber. Labor-Trade and Social Affairs where the victim is rescued or the nearest place of the victim to declare a sale. If the person who was rescued had enough grounds to identify the victim, the license issued a license to confirm that the victim was purchased before the transfer.

b) The Chamber of Labor-Trade and Social Affairs, after taking on the victim, performs immediately following:

-Take the victim to the social protection facility or the facility to assist victims and report the Department of Labor-Trade and Social Affairs to direct the support of the victim during the confirmation waiting period;

-Inform the State Department where the victim is kept known to carry out the prescribed foreign affairs;

-Notice to the Provincial Security Police Immigration Administration to be aware of the work stated at this point c.

c) In the period of no more than 03 (three) days, the Administration of Immigration Public Security Administration issued when receiving information about the victim, responsible for coordinating with the State Department of emergency contact with the victim and carrying out the following:

-Examination of identification, entry, appearance, residence of the victim in Vietnam; preliminary testimony (if the victim does not speak Vietnamese, use the interpreter during the course of the testimony);

-Photo 06 (six) images of 4cm x 6 cm and instruct victims to manifest in the affidavit used for domestic victims. The case of the victim was the child, who did not know Vietnamese, the translator recorded according to their testimony;

-Report on the Bureau of Immigration and Deposit Management with a file included: The affidavit used for the victim being purchased in the country, 05 (year) photo of the victim, the Certificate of Victimable Victims (if any), the result of a preliminary statement of the victim and other documents (if any);

-The case is not enough to determine the victim, then it's a document that suggests that the Police Department investigs a criminal investigation into the Department of Public Security order where the person is being bought or rescued in order to proceed with verification. In the 20 (twenty-two) days from the date of receiving the request verified, the Police Department for Crime and Social Order of Public Security must answer the results to the Department of Public Immigration Immigration Enforcement to report the Department of Immigration Management;

d) In the period of no more than 03 (three) days from the date of receiving reports of victims of the Provincial Security Police Entry Management Agency, the Bureau of Immigration Administration examines the information concerning the entry of the scene, the victim ' s residence and having a written text. exchange with the Office accompanying the affidavit used for domestic purchased victims in the country, 03 (three) photo and Paper confirmation of the purchased victim and related documents (if any);

In the period of no more than 03 (three) days since receiving the text of the Bureau of Immigration Management, the Department of the Consul is responsible for sending the function (accompanied by victim records and 02 (two) photos) to the diplomatic representative body of the publicly traded victim. (or permanent) to ask for the protection, verification, return to the victim.

What? 9. Empowerment victim

1. The Consul Bureau when receiving the function of the state ' s diplomatic representative body the victim is a citizen (or permanent resident) responding to a return consent, accompanied by a document with a value of entry that was granted to the victim, responsible for unity with the other side. Foreign to the time, the store, the transport, the transport of the victims of the country (the foreign case is not arranged by the means of transport, it is possible to recommend international organizations in Vietnam), then inform it in writing and transfer papers. published, the victim's entry to the Bureau of Immigration Management.

2. The Bureau of Immigration Services in the time of the 05 (year) date from the date of receiving the Office of the Consulate in charge of execution:

a) The visa-based, temporary visa for the victim (exempt from the cost of the fee, the deadline of the visa, temporary in accordance with the time of bringing the victim to the water);

b) Announces plans to bring the victims of the country to the Provincial Security Police Import Management Agency, the Department of Labor and Social Affairs where the victim is keeping the victim; International Airport Safety or Border Patrol Department where the victim will appear. the scene; international organizations (if relevant) to co-ordinate bring the victim to the water;

c) Transfer to the Provincial Security Police Immigration Enforcement Administration where the file of the entry of the entry export paper and the documents related to the victim to carry out the procedure to bring the victim back to the country.

3. The Department of Labor-Trade and Social Affairs where the victims of the victim directed the social protection facility or the facility to assist victims in bringing victims to the store and coordinating with related agencies that carried out the victims of the country.

4. At the store bringing victims to the water, the Administration of Immigration Public Security Police Department where the victim is kept in coordination with the International Airport Safety Station performs the appearance procedures for the victim (if the victim is about by air) or the victim. It is handed over to the Border Defence Department where there is a road international to give the victim to the foreign country (if the victim is on the road).

Chapter V.

EXECUTION CLAUSE

What? 10. The effect of execution

This joint venture has the enforcement effect since March 25, 2014 and replaces the Fourth of the Year ' s Digital. 03 /2008/TTLT-BCA-BQP-BNG-BLTBXH May 8, 2008, of the United Nations: Public Security, Defense, Foreign Affairs, Labor-Trade and Social Guide, Verification Procedure, identification, adoption of women, children being traffed from abroad.

What? 11.

The agencies, the functional unit of the ministries: Public Security, Defense, Labour-Trade and Social Affairs, Foreign Affairs within the scope of function, duty, its powers are responsible for organizing the implementation of this Citizenship; Periodically annual situation reports. and results of the verification, identification, reception, and exchange of victims purchased, sent to the Permanent Office of the Permanent Office, Anti-Crime and Drug Affairs.

In the course of the course of the Citizenship System, if there are organs, units, localities reflect on the Ministry of Public Security, Ministry of Defense, Ministry of Labor-Trade and Social Affairs, the Ministry of Foreign Affairs for a timely direction.

KT. Minister of the Ministry of Public Security
Chief.

KT. SECRETARY OF DEFENSE
Chief.

(signed)

(signed)

General Lê Guan Wang

General Nguyen Cheng

KT. SECRETARY OF STATE
Chief.

KT. MINISTER OF LABOR-Trade and Social Affairs
Chief.

(signed)

(signed)

Nguyen Thanh Sơn

Thank you.