Chapter IV
RECEIPT, VERIFICATION AND PROTECTION OF VICTIMS
Section I: RECEIPT AND VERIFICATION OF VICTIMS
Article 24. Receipt and verification of domestically trafficked victims
1. A victim or his/her lawful representative may report on his/her trafficking to the commune-level People's Committee of the nearest locality or the nearest agency or organization. The receiving agency or organization shall promptly send this person to the commune-level People's Committee of the locality in which it is headquartered. The commune-level People's Committee shall promptly report such to the district-level Labor. War Invalids and Social Affairs Division. When necessary, the receiving commune-level People's Committee shall provide support to meet essential needs of the victim.
2. Within 3 days alter receiving a notice of a commune-level People's Committee, a district level Labor. War Invalids and Social Affairs Division shall receive and assist the victim and coordinate with the police office of the same level in checking initial information on the victim when such person does not have any papers and documents specified in Article 28 of this Law.
3. After receiving the victim, based on the papers and documents specified in Article 28 of this Law or verifications on the victim, the district level Labor. War Invalids and Social Affairs Division shall consider paying travel expenses for the victim to return to his/her place of residence by himself/herself. For a child victim, it shall notify a relative to receive the victim or assign a person to take the victim to his/her place of residence. For a victim who needs medical or psychological care and wishes to stay at a social security or victim support establishment or who is a helpless child, it shall carry out procedures to transfer the victim to the social security or victim support establishment. For a person who does not have papers or documents proving he/she is a victim, the district-level Labor, War Invalids and Social Affairs Division shall request the police office of the same level to make verification.
4. Within 20 days after receiving a request of the district-level Labor. War Invalids and Social Affairs Division, the district-level police office shall make verification and issue a written reply to the former. For a complicated case, the verification duration may be extended, but for not more than 2 months. If having sufficient grounds to determine the person as victim, the verifying agency shall grant a certificate of victim lo such person.
Article 25. Receipt and verification of rescued victims
1. The police office, border guard or marine police which has rescued a victim shall provide support to meet essential needs of the victim when necessary and promptly send him/her to the district-level Labor, War Invalids and Social Affairs Division of the locality near the place the victim is rescued.
The rescue agency shall grant a certificate of victim to the rescued person before the transfer. When the rescued person has not been certified as victim due to lack of grounds, the district-level Labor, War Invalids and Social Affairs Division shall request the police office of the same level to make verification under Clause 4, Article 24 of this Law.
2. After receiving the victim, the district-level Labor. War Invalids and Social Affairs Division shall comply with Clause 3. Article 24 of this Law. If the rescued person has not been certified as victim by the rescue agency, before paying travel expenses or transferring him/her to a social security or victim support establishment, the district-level Labor. War Invalids and Social Affairs Division shall coordinate with the police office of the same level in checking initial information on such person.
Article 26. Receipt and verification of victims returning from abroad
1. The receipt and verification of a victim returning from abroad through an overseas Vietnamese diplomatic mission, consulate or another agency authorized to perform consular functions (below referred to as overseas Vietnamese representative agency) are conducted as follows:
a/ The overseas Vietnam representative agency shall receive and process information and documents on the victim and coordinate with the Ministry of Public Security in verifying the victim, grant necessary papers and carry out procedures to send him/her home;
b/The competent agency of the Ministry of Public Security or the Ministry of National Defense shall receive the victim and pay travel and food expenses for him/her to return to his/ her place of residence by himself/herself, and guide the victim in carrying out procedures to receive the supports provided in Articles 34 thru 38 of this Law. If the victim has no place of residence or wishes to stay at a social security or victim support establishment, it shall transfer the victim to such establishment. For a child victim, it shall notify a relative to receive the victim or assign a person to take the victim to the relative's place of residence. If the victim is a helpless child, it shall carry out procedures to transfer the victim to a social security or victim support establishment.
2. The receipt of a victim who is trafficked abroad and fully meets the conditions to return Vietnam under a bilateral international agreement complies with that agreement.
3. The receipt and verification of a victim who is trafficked abroad and returns home by himself/herself complies with Article 24 of this Law.
Article 27. Bases for identifying victims
1. A person may be identified as victim when:
a/ He/she is trafficked or transferred or received under Clause 1 or 2. Article 3 of this Law; or
b/ He/she is recruited, transported or harbored under Clause 3, Article 3 of this Law.
2. The Government shall detail Clause 1 of this Article.
Article 28. Papers and documents proving victims
1. Certificates of police offices of rural districts, urban districts, towns and provincial cities provided in Clause 4. Article 24 of this Law.
2. Certificates of rescue agencies provided in Article 25 of this Law.
3. Certificates of investigation agencies, agencies assigned to conduct investigation. People's Procuracies and People's Courts.
4. Papers and documents proving victim status issued by foreign authorities which are consularly legalized by overseas Vietnamese representative agencies or the Vietnamese Ministry of Foreign Affairs.
Section 2 PROTECTION OF VICTIMS
Article 29. Rescue and protection of victims
When having grounds to believe that a person is trafficked, an agency, unit or person specified in Article 21 of this Law shall take necessary measures to rescue that person. When that person has or is threatened to have his/her life, health, honor, dignity or property infringed upon, protection measures shall be taken.
Article 30. Safety protection of victims and their relatives
1. Safety protection measures for victims and their relatives include:
a/ Providing temporary shelter for victims and their relatives when they are threatened to have their life or health infringed upon;
b/ Keeping confidential places of residence, working and learning of victims and their relatives;
c/ Measures to prevent acts of infringing upon or threatening to infringe upon the life, health, honor, dignity and property of victims and their relatives under law;
d/ Other protection measures under the criminal procedure law.
2. The Government shall detail the safety protection of victims and their relatives.
Article 31. Protection of confidentiality of information on victims
1. Agencies, organizations and individuals shall keep confidential information on victims, unless otherwise provided by law.
2. Courts shall consider and decide on behind-closed-door trial of human trafficking cases at the request of victims or their lawful representatives.
Tìm kiếm
Luật Phòng, chống mua bán người 2011 (Bản Pdf)
Luật Phòng, chống mua bán người 2011 (Bản Word)