Decree 62/2012/nd-Cp: Rules Determining Purchase Victim Safety And Protection For The Victims, Their Relatives

Original Language Title: Nghị định 62/2012/NĐ-CP: Quy định căn cứ xác định nạn nhân bị mua bán và bảo vệ an toàn cho nạn nhân, người thân thích của họ

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Decree determining purchase victim safety and protection for the victims, their loved ones _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ based on Government Organization Law of 25 December 2001;
Pursuant to the law, against buying and selling people on August 29, 2011;
According to the recommendation of the Minister of public security;
The Government issued Decree determining purchase victim safety and protection for the victims, their relatives.
Chapter I GENERAL PROVISIONS article 1. Scope of this Decree detailing implementation of some articles of the law on the prevention of the sale of the identified victims and protect the safety of victims, their loved ones.
Article 2. The object of this Decree apply apply to victims of one of the acts stipulated in paragraphs 1, 2 and 3 of article 3 of law, against buying and selling; relatives of the victim; agencies, organizations, individuals related to the identification of the victims and protect the safety of victims, their loved ones.
Article 3. The rights and obligations of victims, their loved ones 1. Victims, their relatives have the right to: a) suggest the Agency who has the authority to apply protective measures when life, health, honour, dignity and property of being invasive or invasive threat;
b) denial of Agency safeguards, competent person specified in article 8 of this Decree apply.
2) victims, their relatives are obliged: a) full observance of the requirements of the Agency who has the authority to apply safeguards to be protected;
b) is responsible for the safety of themselves when denied protective measures or do not accept the request of the authorities, who have jurisdiction to apply the safeguards.
Article 4. Funding secured funding to perform the safety protection for the victims and their relatives due to the State budget guarantees in regular expenditure estimation, annually assigned by the Agency, the provisions of the law on the State budget and other documents guiding the implementation.
Chapter II SPECIFIC PROVISIONS article 5. The base to identify victims 1. A person identified as a victim when they are the subject of one of the following behaviors: a) buying and selling people: Treat people as a commodity exchange by money or other material benefit;
b) transmit or receive person to:-forced prostitution;
-Force makes the object producing tapes, discs, books, paintings, photos, calendars and other forms of content propagating depraved, obscene lifestyle;
-Force performance for other people to view his biography with the intent to provoke sexuality;
-Sexual slavery;
-Forced labor;
-Take the body parts in a way illegal;
-Forced to go begging;
-Forced wife or husband;
-Forced lay to the left of them;
-Enforced law violations;
-Other inhumane purposes.
c) recruitment, transportation, harbouring of people to perform the acts specified in point a, b of this Clause or other inhumane purposes.
2. The identification of victims is based on the following documents and sources of evidence: a) document, evidence by the agency conducting the proceedings provided;
b) information, documentation by the Agency to rescue the victims provided;
c) information, documentation by the Vietnam representative offices abroad provide;
d) document issued by the Agency, the competent foreign organization provides;
DD) testimony, documents provided by the victim;
e) testimony, documents due to the acts specified in paragraph 1 of this article provided;
g) testimony, documented by those who know the job offer;
h) information, other legal documents.
3. where the Agency did not prove to be a person who is a victim or not, after verification, the history of time absent from their place of residence local reason, absent consistent with their testimonies about being the subject of one of the acts specified in paragraph 1 of this article, then consider the following base to confirm they are victims : a) the person is detected, rescued along with other victims;
b) that person has had time to live with the victim in the place where the objects implementing acts specified in paragraph 1 of this article held, managed and treated as victims;
c) manifest physically and spiritually: there were signs of sexual exploitation, forced labor, treated the remnants, injury, fear, panic, depression, sick;
d) time that person to leave the locality of residence of their relatives, the authorities report that they were missing or was the subject of one of the acts specified in paragraph 1 of this article;
DD) other legal information to help have the basis to believe that the person is a victim.
Article 6. The object of protection 1. Victims of one of the acts specified in clause 1 5 of this Decree.
2. The relatives of the victim, including: wife, husband, father, mother, father, foster mother, foster father, mother, offspring, adopted children, parents, husband or wife party, sister, grandfather, grandmother, grandfather, grandmother, grandson, granddaughter of the victim.
Article 7. Safety protection measures for victims, their relatives as the case-specific and practical terms, the Agency has the responsibility to protect can apply one or more of the following protection measures to ensure the safety of victims, their relatives (hereinafter referred to as the protected person) : 1. Keep a secret about providing the documents, evidence of a protected person.
2. Confidential information about private life, demographic characteristics, place of residence, work, study and other information relevant to the protected person.
3. the protection of forces deployed in place of residence, work, study, travel of the person to be protected, at the trial and other necessary places.
4. Limited scope, the communication of the protected person.
5. Arrange getaway for the protected person.
6. Layout of where to stay, where to work, a new study for the protected person.
7. Apply preventive measures, prevent invasive or invasive threats to life, health, honour, dignity and property of the people are protected under the provisions of the law;
8. Trial.
Article 8. Authority to apply protective measures 1. The Agency has the authority to apply protective measures include: a) the investigating police agency in the public security people;
b) criminal investigation agency in the people's army;
c) border guard;
d) marine police force;
DD) people's Procuracy, the military Procuracy;
e) people's Court, the military court;
g) people's Committee of communes, wards and towns, labor, invalids and Social Affairs, the basis of social protection, the basis of support for victims;
h) Vietnam representative offices abroad.
2. Who has the authority to decide to apply the protective measures include: a) heads, Deputy Heads of police agencies in the investigation of people's public security authority decision to apply protective measures stipulated in paragraph 1, 2, 3, 4, 5, 6 and 7 article 7 of this decree with regard to victims like their relatives, in the incident, the criminal due to his agency handles.
b) heads, Deputy Heads of criminal investigations in the competent people's Army decision to apply protective measures stipulated in clause 1, 2, 3, 4, 5, 6 and 7 article 7 of this decree with regard to the victims, their relatives in the incident, the criminal due to his agency handles.
c) Director General drug crime prevention border guard Chief Delegate Task Delegation, in the Bureau of drug crime prevention border guard, Commander of the border guard Department, central cities, head of the Frontier Corps, the naval Chief of Squadron commander, border gate border port authority decision to apply protective measures stipulated in the Clause 1, 2, 3, 4, 5, 6 and 7 article 7 of this decree with regard to the victims, their relatives in the incident, the criminal due to his agency handles. When the level head of regulation at this point is absent, then a Deputy level was commissioned to perform the powers of Chief supply regulation at this point and are responsible to the Chief about the task level.
d) Bureau Chief, Commander of the region, the Chief of the crime prevention drugs, the Chief task Cluster Clusters, drug crime, the squadron commander, Naval captain and team leader in the marine police force authorized the decision to apply protective measures stipulated in clause 1, 2, 3 , 4, 5, 6 and 7 article 7 of this decree with regard to the victims, their relatives in the incident, the criminal due to his agency handles. When the level head of regulation at this point is absent, then a Deputy level was commissioned to perform the powers of Chief supply regulation at this point and are responsible to the Chief about the task level.
DD) Director, Deputy Procuratorate Authority decided to adopt protective measures, specified in the paragraph 1, 2, and 5 article 7 of this decree with regard to victims in criminal cases because his agency is accepting; suggest investigating police agency in the people's public security, criminal investigation agency in the people's army of the case applying the safety protection measures for victims, their loved ones.
e) Chief Justice, Deputy Chief Justice of the Court, the presiding judge has the authority to decide to apply the safeguards specified in the paragraph 1, 2, 4, 5 and 8 article 7 of this decree with regard to the victims, their relatives in criminal cases because his agency is accepting; suggest investigating police agency in the people's public security, criminal investigation agency in the people's army of the case applying the safety protection measures for victims, their loved ones.
g) people's Committee Chairman, Ward, Township, town, head of labour, invalids and Social Affairs, the Director of the basis of social protection, the Director of the victim assistance facility has the authority to decide to apply the safeguards specified in the paragraph 1, 2, 4 and 5 article 7 of this Decree, for victims like relatives, accompanied by his victims receive; suggest authority, competent person specified in this application of the safety protection measures for victims, their loved ones.

h) heads the overseas Vietnam representatives have the authority to decide to apply the protective measures specified in paragraphs 1, 2, 4 and 5 article 7 of this Decree, for: victims, minors accompany the victim are citizens in the territories, Vietnam.
3. in case of the residence of the protected person not in the Agency's jurisdiction to apply protective measures, the decision-making authority to protect entrusted the conduct of measures of protection to the same level in the place where the protected person resides. The Agency is entrusted to conduct the safeguards is responsible for implementing the safeguards under the mandate of the Agency has the authority to apply measures to protect the safety of victims, their loved ones.
Article 9. The responsibility to implement safeguards authority decision to apply protective measures prescribed in clause 2 article 8 of this Decree are responsible for implementation of safety protection measures for victims, their relatives and have the following powers, duties : 1. adopt protective measures when there is evidence that the victim, relatives of them were invasive or invasive threat to life, health, honour, dignity and property.
2. choose to apply one or more protection measures according to the jurisdiction rules in article 7 of this Decree.
3. to request the Executive protection regulations to guarantee safety for them in the process of protection.
4. Ask the local authorities, agencies, organizations, individuals in coordination in the application of protective measures.
5. Keep the secret safe protection for the victims, their relatives.
6. Establish, manage, store and protect the records according to extraction mode of the document.
Article 10. Order and procedure of applying protection measures 1. The Organization, recommended personal protective measures applied must have written recommendations submitted the competent authority. Emergencies can suggest directly or via phone and other contact information, but it must be in writing.
Suggested text to apply protective measures must specify: time, location, make the text; name, date of birth, hometown, occupation, place of residence of the person making the text; suggest protection for anyone; name, date of birth, hometown, occupation, place of residence of the person who recommended the protection (if the person making the text suggested measures of protection for other people); the reason suggested to apply protective measures and other related content.
2. The Agency offered protection to review, identify the need to apply the safeguards. Where there is evidence that the victim, relatives of them were invasive or invasive threat to life, health, honour, dignity, property and the need to adopt protective measures, the decision to apply protective measures. Case deems not necessary apply protection measures then have to reply in writing, the individual institutions suggest protection of unknown reasons.
3. in the process if there is evidence that the victim, relatives of them were invasive or invasive threat to life, health, honour, dignity, property and the need to adopt protective measures, the competent person specified in clause 2 article 8 of this Decree, the decision to apply protective measures under the jurisdiction or the Agency has the authority to apply the safeguards.
4. The decision to apply protective measures must specify: time, location decisions; Agency name has the responsibility to protect; name, title of the decision; name, date of birth, hometown, occupation, place of residence of the protected person; protective measures are applied; time to start applying safeguards and other content relevant to the defense.
5. in case of emergency, who are competent to apply protective measures can force, means to protect or getaway to ensure security for people to be protected before the decision to apply protective measures.
6. In the process of protection, if required should adopt more protective measures, the Authority decided to adopt measures to protect the decision supplements the decision to apply protective measures.
7. When the protected person no longer suffer harassment, intimidation of being invasive, the Authority decided to adopt measures to protect the decision to terminate the application of protective measures. The decision to terminate the application of safeguards must specify the reason for the termination of safeguards.
8. The decision to apply protective measures, the decision supplements the decision to apply protective measures, the decision to terminate protective measures addressed to the person to be protected, the Agency asked to apply protective measures and the agencies, the relevant units.
Article 11. Profile apply safeguards records apply protective measures include: 1. the suggested text of protection.
2. the personal history of the person being protected.
3. Documents showing the protected person to be invasive, there is risk of harm to life, health, honour, dignity and property.
4. The decision to apply protective measures.
5. additional decision to apply protective measures (if any).
6. the protection measures have been applied, results.
7. Decides to terminate the application of protective measures.
8. The text, other documents related to the protection.
Chapter III the TERMS of the IMPLEMENTATION of article 12. Effective enforcement of this Decree has effect from the date 10 October 2012.
Article 13. Responsibility 1. The Ministry of public security is responsible for chairing, in coordination with the ministries concerned and check instructions, urging the implementation of this Decree.
2. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee, the central cities is responsible for the implementation of this Decree.