Circular No. 78/2013/tt-Bqp: Regulating Measures Of The Border Guard And The Marine Police In The Prevention Of The Sale Of People

Original Language Title: Thông tư 78/2013/TT-BQP: Quy định biện pháp của Bộ đội Biên phòng và Cảnh sát biển trong phòng, chống mua bán người

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DEFENSE MINISTRY
Number: 78 /2013/TT-BQP
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, June 25, 2013

IT ' S SMART

Regulations of Border Defence Command

and the Coast Guard in the room, anti-human buying

_____________________

\Basic Law Executive Act 2008;

Office of Law Enforcement, anti-sale in 2011;

Base of Protocol 62 /2012/NĐ-CP August 13, 2012 of the Government Regulation of the identification of the purchased victim v. Oh. Safe protection for victims, their loved ones;

Base of Protocol 09 /2013/NĐ-CP January 11, 2013 of the Government Regulation details the implementation of a number of Laws, ch. Stain. Selling people;

Base of Protocol 35 /2013/ND-CP April 22, 2013 by the Government Regulation, mandate, authority, and organizational structure of the Ministry of Defense;

On the recommendation of the Commander of the Border Patrol. ()

The Minister of Defense regulates the measures of the Border Guard and the Coast Guard in the room, combing the sale of people as follows:

Chapter I

GENERAL REGULATION

Number one. Adjustment range

This message rules out the measures of the Border Patrol and the tragic Police. Okay. n in the room, ch Stain. Selling people; ti What? Yes, verification, protection, and h. I have The victim was bought by the victims of the border, the tragedy. Okay. n and the island.

Article 2. Subject applies

This information applies to:

1. The agency, the unit, the individual of the Border Guard and the Coast Guard are tasked with the case, anti-human trafficking charges; reception, verification, safety protection for victims and victim support.

2. The agency, unit, organization and individual are involved in the room, anti-criminal charges of trafficking; reception, verification, safety protection for victims and victim support.

Third. The principle of taking measures in the room, anti-human buying

1. Just conduct room measures, anti-human trafficking and other violations are involved; rescue, reception, verification, safety protection for victims and the statutory support of the law.

2. Conducting room measures, semi-human rights. i having to ensure political, career, law; respect for rights, benefits of h The law of the organ, t socket function, the individual is involved; the conduct of the direction, the instruction of the upper-level business.

3. Play the responsibility for the responsibility of the agency, the organization, the individual in the room, ch Stain. Selling people.

Article 4. Guaranteed expense

1. The funding is carrying out defense measures, anti-procurement by the Border Guard and Marine Police Department due to the annual guarantee state budget for the Ministry of Quad. Stain. Room.

2. The Ministry of Border Protection and Border Police Department is unified with regulatory authorities, using the statutory funding of the law.

Chapter II

ANTI-HUMAN PREVENTION MEASURES

Fuck! i Five. Social prevention measures i

1. Deploy k What? Planning, the wholesale crime prevention program at the border, sea, and insular areas according to the law ' s rule. l The active duty and function of duty, the operational area, the management venue of the Border Patrol and the Coast Guard.

2. The presiding officer, in coordination with the authorities, the local government organized advocacy propaganda activities aimed at raising awareness, the responsibility of the individual, family, agency, organization and community; the high alert, actively involved in the room, anti-crime. Selling people and other violations are related in the border, sea, and insular areas.

3. Planning for the commission, the local government reinforces the construction of a strong grassroots political system, economic development, human culture. a , society, job creation, raising the lives of the people in the border area; the movement of the masses involved in protecting the security of order, prevention, crime denouncing, building healthy places.

4. Provides legal knowledge of the chamber, anti-human rights; information on the capital purchase, manual and technical guidance. n g protects yourself, family and community, the way to exercise the right, the duty of citizens in the room, against the sale of people.

What? 6. The Prevention Measure i the file.

1. Conduct of the statutory prevention measures by law to detect, prevent people from buying people and other acts of violating the law of the room, against the sale of people.

2. The study evaluated the situation, identified the cause, which caused the development of a wholesale crime on the site of management to actively take precautions, struggling to eradicate the cause, the conditions of the crime of buying people.

3. In coordination with the agencies, local authorities for administration, education, deterrence, who is involved in the crime of buying people, the subject has a criminal record, the money on the sale of people in the border, sea, and insular areas.

4. The organization receives, verifiing information, documentation, criminal reporting crime-related crimes, organizations, individuals provided by the provisions of the Criminal Procedal Code, the Law of ComplProcedability, the Law of Impeachment, and the Law of the Prevention, and the Prevention of Human Rights.

5. Increased patrol activities, ki Okay. Border controls, stores, sea and islands in time to detect, prevent the activity of semi-human rights.

6. Remix p with the authorities implementing the security management of the border area, the sea and the island; demographic, escort, temporary, lp, lp. favour In the absence of the service, the services of the service to the prevention of persons.

7. Research, proposing to complete the legal system in the country and h International work in relation to function, room duty, anti-procurement of the Ministry of Border Protection and Police.

8. Strengthening cooperation with the authorities of countries that share borders on patrol, border control, exchange of information for prevention, detection, prevention of human purchases.

9. Applying other transaction measures by law to prevent, detect, prevent offenses from buying people and other violations is relevant.

What? 7. Detencing, struggle to prevent crime from buying people

1. Presiding, in coordination with the agencies, the unit is involved in deploying professional measures preventing the crime of buying people in the border, sea, and insular areas.

2. Applying the prescribed reconnaissance career measures to detect, prevent people from buying or selling people, exploiting them. , disrupts the lines. socket The criminal charges of trafficking, the rescue of the victim, the prosecution of the crime.

3. Conduct of investigation activities, document collection, evidence, application of deterred measures to dispose of the object of the sale of persons and other violations related by law.

4. The agency, the organization, the individual provides information, documents that are related to the investigation, detection and disposal of people's purchases.

5. Remix p with the organs, l The number of functions that implement the struggle plan. All Criminal pressure, go. Okay. Torture detection, disrupts the lines. socket Crime-buying crime, victim rescue.

6. Performing international cooperation by authority in the field of defence, anti-human rights.

7. Apply c And As for the rules of the law. Okay. prevention of invasive or invasive threats to life, health, honor, dignity, property of victims and their loved ones, whistled people, witnesses.

Chapter III

TAKE ON, VERIFY, IDENTIFY AND PROTECT THE VICTIM.

What? 8. Continue, verify, identify victims

1. The Border Guard, the Coast Guard, took over the victim due to foreign exchange, receiving the return of the victim's report, responsible for the operation. p with relevant agencies conducting receptic procedures, verification, identification of victims by the provisions of the Law of Room, anti-human trafficking; Decree No. 1. 62 /2012/NĐ-CP August 13, 2012 and the v What? The course of the competition.

2. The identification of the victim must rely on the sources of the document, the following evidence:

a) The document, the evidence, is provided by the agency.

b) Information, documents provided by the victim rescue agency;

c) Information, documents issued by the Vietnamese representative agency in the country. All p;

d) The document provided by the agency, the organization has foreign authority provided;

The testimony, the document. d o victims of supply;

e) The testimony, documents made by the person who carried out the sale of the vendor;

g) Testimony, document d o those who know the offer;

h) Information, other legal documents.

What? 9. Protect victims and people Their favorite.

1. The victim was rescued by the Border Guard, the Coast Guard, receiving due to foreign exchange payments, when there was a request and there was grounds that the victim, whose relatives were violated or b. Shit. The threat of harm to life, honor, health, dignity, property, property, and practical terms to apply one or more of the safeguards, secure safety of their victims and their loved ones by regulation at the United States. 62 /2012/NĐ-CP August 13, 2012.

2. Relatives of the victim include: Wife, husband, father, birth mother, foster father, foster mother, stepmother, stepmother, son, son, wife, father to wife or side. Oh. ng, brother, sister, brother, grandfather, b Oh. Grandfather, grandmother, grandmother, grandson; granddaughter of the victim.

3. Safeguards.

a) Keeping a secret of the provision of the document, the evidence of the protected man;

b) Keep a secret of private information, identification characteristics, residence, work, learning and th-life. cell The other news is related to the protected man;

c) The layout of the security forces at the residence, the study, travel of the insured. v And there were other things that were needed.

d) Limit the travel range, the communication of the protected person;

And to the guard, and to the protection of the guard;

e) Applying prevarable measures, preventing the conduct of the invasive or threat of harm to life, health, honor, dignity, and property of the protected under the rule of law.

4. The judge decided to apply the defense.

a) Bureau Chief, ch. Stain. Secretary of the Border Patrol, the Special Operations Corps of the Department of Defense, Anti-Drug Enforcement Command, Commander of the Department of Border Protection, Central City of the Central Committee, Chief of the Border Station, Marine Corps Chief of the Border Patrol. In the defense, the commander in Chief of the Border Patrol; the Chief, Commander, Regional Commander, Army Group Chief, Anti-Drug Group, Marine Corps, Captain, Captain and Captain of the Marine Police Department. Go. What? I ' m going to apply the same protection measures. p rules at Section 3 This and the organization.

When the mayor rules out Okay. This foot is absent, then a deputy is mandated to implement the powers of the rank and must be held accountable to the chief of the assigned task.

b) In the case of necessity, the person with the authority to decide to apply the prescribed protection measures at point a 4 This Article has the right to ask local authorities, agencies, organizations, individuals who are involved in the coordination of the protection measures. Safe for victims and their loved ones.

What? 10. n Yes. n

1. The Border Guard, the Coast Guard when the rescue or presided over of the foreign-paid victim, is responsible for supporting the essential needs for the victim in the case. And n What? In accordance with the rules of the Law, ch. Stain. Selling people; decree number. 09 /2013/NĐ-CP January 11, 2013 and the execs for the implementation of the execs, including:

a) Layout in temporary, support for eating, wear and other essential items;

b) Early health care, psychological support eradication;

c) Cash support Oh. Car, cash. What? n in the course of the road, the guidelines for the procedure for the procedure to receive support under the rule of law on the victim have the aspirations to return to the residence.

2. The victim is not part of the rule. i Now, get the procedures to move immediately to the victim to the authorities. Okay. It ' s about supporting the victims by regulation.

Chapter IV

EXECUTION CLAUSE

What? 11. What? l Well, c i Action.

This message is valid for 45 days, since the date of the signing.

What? 12. i Action.

1. The Chief of the General Staff, Chairman of the Political Bureau, the Head of the Agency, the unit and the individual are involved in the responsibility of this private practice.

2. Commander of the Border Patrol, the Secretary of the Marine Police Department is responsible for the guidance, implementation of this.

KT. MINISTER.
Chief.

(signed)

General Nguyen Cheng