Nghị định 09/2013/NĐ-CP hướng dẫn Luật phòng, chống mua bán người

DECREE

STIPULATING IN DETAIL A NUMBER OF ARTICLES OF THE ANTI-HUMAN TRAFFICKING LAW

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the March 29, 2011 Anti-Human Trafficking Law;

At the proposal of the Minister of Labor, Invalids and Social Affairs,

The Government promulgates the Decree stipulating in detail a number of articles of the Anti- Human Trafficking Law.

Chapter I

GENERAL PROVISIONS

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This Decree details a number of articles of the Anti-Human Trafficking Law in terms of the grant, re-grant, modification, supplementation or extension of license for foundation of victim support establishments, organization and operation of victim support establishments, supports as well as order and procedures for providing supports for victims.

Article 2. Incentive policies for organizations and individuals engaged in victim support work

1. The State encourages organizations and individuals to found victim support establishments in accordance with this Decree; and provides resources for public social protection establishments to support victims.

2. Organizations and individuals that found victim support establishments are entitled to incentive policies under regulations of the law on policies of encouraging socialization in educational, vocational, health care, cultural, sports and environmental areas.

Article 3. Funds for victim support regime

1. Funds for victim support regime come from:

a/ The state budget;

b/ Domestic and foreign organizations and individuals;

c/ Other lawful sources prescribed by law.

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3. Local budgets shall support victim support establishments to meet essential needs, cover travel expenses and provide medical and psychological assistance for victims in accordance with Articles 19, 20 and 21 of this Decree, depending on the number of victims at the establishments.

Chapter II

VICTIM SUPPORT ESTABLISHMENTS

Section 1: GRANT, RE-GRANT, MODIFICATION, SUPPLEMENTATION OR EXTENSION OF LICENSES FOR FOUNDATION OF VICTIM SUPPORT ESTABLISHMENTS

Article 4. Conditions for foundation of victim support establishments

1. Conditions for foundation of a victim support establishment:

a/ Having a stable and convenient working office;

b/ Having a land area of at least 15 m2 and a bedroom area of at least 5 m2 per victim;

c/ Having appropriate equipment and facilities for victim support;

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2. The Ministry of Labor, Invalids and Social Affairs shall specify the conditions for foundation of victim support establishments specified in Clause 1 of this Article.

Article 5. Competence to grant, re-grant, modify, supplement or extend licenses for foundation of victim support establishments

Chairman of People’s Committees of provinces or centrally run cities (below referred to as provincial-level People’s Committees) in which victim support establishments are expected to be based may grant, re-grant, modify, supplement or extend licenses for foundation of victim support establishments (hereafter referred to as foundation License).

Article 6. Sending, receipt and processing of dossiers of application for foundation licenses

1. An applicant for a foundation license shall send 1 (one) dossier set specified in Article 7 of this Decree to the provincial-level Service of Labor, Invalids and Social Affairs of the locality in which the victim support establishment is expected to be based for examination.

2. The provincial-level Service of Labor Invalids and Social Affairs shall receive and process the dossier. If the dossier is invalid, within 3 (three) working days after receiving it, the provincial-level Service of Labor, Invalids and Social Affairs shall notify such in writing to the organization and individual for completing the dossier.

Article 7. Dossier of application for a foundation license

1. A written application for a foundation license, made according to the form provided by the Ministry of Labor, Invalids and Social Affairs.

2. The plan for the foundation of the victim support establishment, the necessity for  foundation of the establishment, objectives, tasks, organizational structure, personnel and operation assurance conditions, and feasibility of the plan.

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4. Relevant papers and documents evidencing the satisfaction of all the conditions specified in Article 4 of this Decree for the foundation of the victim support establishment.

Article 8. Examination of dossiers of application for foundation licenses

1. The provincial-level Service of Labor, Invalids and Social Affairs shall verify the following contents:

a/ The necessity for foundation of the victim support establishment;

b/ Operation objectives and scope, name, tasks, powers, organizational structure, personnel and financial mechanism of the victim support establishment;

c/ Conditions for operation assurance of the victim support establishment after being licensed;

d/ The feasibility of the foundation and operation of the victim support establishment.

2. Dossier examination time limit: Within 15 (fifteen) working days after receiving a complete and valid dossier, the provincial- level Service of Labor, Invalids and Social Affairs shall examine the dossier and propose in writing the Chairman of provincial-level People’s Committee  to consider and make decision.

Article 9. Grant of foundation License

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2. A foundation license is valid for 5 (five) years at most and comprises the following principal contents:

a/ Name, address of the head office, telephone number, and fax number (if any) of the victim support establishment;

b/ Full name of the head of the victim support establishment;

c/ Operation scope and support services.

3. The Ministry of Labor, Invalids and Social Affairs shall prescribe the form of foundation license.

4. Time limit for granting a foundation license:

a/ Within 7 (seven) working days after receiving a written proposal from the provincial- level Service of Labor, Invalids and Social Affairs, the Chairman of provincial-level People’s Committee  shall grant a foundation license;

b/ In case of disapproval for granting a foundation license, within 3 (three) working days, the Chairman of provincial- level People’s Committee shall issue a written reply specifying the reason.

Article 10. Cases ineligible for granting foundation license

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2. Vietnamese organizations and individuals subject to one of the following cases:

a/ Failing to meet all the conditions specified in Article 4 of this Decree;

b/ The foundation of the victim support establishment is harmful to national defense and security, social order and safety or is taken advantage of foundation of establishment to commit law-breaking acts;

c/ The dossier is invalid.

Article 11. Modification and supplementation of foundation licenses

1. A foundation license is modified and supplemented in the following cases:

a/ Change of the head of the victim support establishment;

b/ Relocation of the head office of the victim support establishment;

c/ Change of the name, operation scope and licensed support services of the victim support establishment.

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a/ A written request for modification and supplementation of a foundation license, made according to the form provided by the Ministry of Labor, Invalids and Social Affairs;

b/ A copy of the granted foundation license;

c/ Documents evidencing the changes specified in Clause 1 of this Article.

3. Within 10 (ten) working days after the changes are made, the holder of the foundation license shall send 1 (one) set of dossier specified in Clause 2 of this Article to the provincial- level Service of Labor, Invalids and Social Affairs for carrying out modification and supplementation procedures.

4. The provincial-level Service of Labor, Invalids and Social Affairs shall receive and process the dossier. If the dossier is invalid, within 3 (three) working days after receiving it, the provincial-level Service of Labor, Invalids and Social Affairs shall notify such in writing to the applicant for completing the dossier.

5. Within 7 (seven) working days after receiving a valid dossier, the provincial- level Service of Labor, Invalids and Social Affairs shall examine it and propose the Chairman of provincial-level People’s Committee  to consider and decide on the modification and supplementation of the foundation license.

6. Within 7 (seven) working days after receiving the written proposal from the provincial-level Service of Labor, Invalids and Social Affairs, the Chairman of provincial-level People’s Committee  shall decide on the modification and supplementation of the foundation license.

In case of disapproval for modification and supplementation of the foundation license, within 3 (three) working days, the Chairman of provincial-level People’s Committee shall issue a written reply specifying the reason.

Article 12. Re-granting foundation licenses

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2. A dossier of request for re-granting a foundation license comprises:

a/ A written request for re-granting a foundation license, made under the form provided by the Ministry of Labor, Invalids and Social Affairs;

b/ Documents evidencing that the foundation license is lost, torn or destroyed.

3. Within 10 (ten) working days after detecting that the foundation license is lost, torn or destroyed, an organization or individual shall send 1 (one) set of dossier specified in Clause 2 of this Article to the provincial-level Service of Labor, Invalids and Social Affairs for carrying out the re-granting procedures.

4. The provincial-level Service of Labor, Invalids and Social Affairs shall receive and process the dossier. If the dossier is invalid, within 3 (three) working days after receiving it, the provincial-level Service of Labor, Invalids and Social Affairs shall notify such in writing to the organization or individual for completing the dossier.

5. Within 7 (seven) working days after receiving a valid dossier, the provincial- level Service of Labor, Invalids and Social Affairs shall verify it and propose the Chairman of provincial-level People’s Committee to decide on re-granting the foundation license.

6. Within 7 (seven) working days after receiving the written proposal from the provincial-level Service of Labor, Invalids and Social Affairs, the Chairman of provincial-level People’s Committee shall re-grant the foundation license.

In case of disapproval for re-granting a foundation license, within 3 (three) working days, the Chairman of provincial- level People’s Committee shall issue a written reply specifying the reason.

Article 13. Extension of foundation license

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a/ They wish to further carry out the victim support activities; and,

b/ The victim support establishment commits no violation of law.

2. A dossier to request the extension comprises:

a/ A written request for extension of a foundation license, made according to the form provided by the Ministry of Labor, Invalids and Social Affairs;

b/ The victim support establishment’s report on its victim support activities by the time of request and its operation orientations;

c/ The original of the granted foundation license.

3. At least 30 (thirty) working days before its/his/her foundation license expires, an organization or individual shall send 1 (one) set of dossier specified in Clause 2 of this Article to the provincial-level Service of Labor, Invalids and Social Affairs for carrying out the extension procedures.

4. The provincial-level Service of Labor, Invalids and Social Affairs shall receive and process the dossier. If the dossier is invalid, within 3 (three) working days after receiving it, the provincial-level Service of Labor, Invalids and Social Affairs shall notify such in writing to the organization or individual for completing the dossier.

5. Within 7 (seven) working days after receiving a valid dossier, the provincial- level Service of Labor, Invalids and Social Affairs shall verify it and propose the Chairman of provincial-level People’s Committee to decide on the extension of the foundation license.

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In case of disapproval for extension of the foundation license, within 3 (three) working days, the provincial- level People’s Committee chairperson shall issue a written reply specifying the reason.

Section 2: ORGANIZATION AND OPERATION OF VICTIM SUPPORT ESTABLISHMENTS

Article 14. Principles of organization and operation of victim support establishments

1. The victim support establishments shall be founded and organized on the principles of voluntariness and self-financing; operate not for profit purposes and take responsibility before law.

2. The victim support establishments may provide only victim support services stated in their foundation licenses and shall comply with the law and professional guidance on victim support work of the Ministry of Labor, Invalids and Social Affairs’

Article 15. Tasks and powers of victim support establishments

1. Performing the victim support tasks in accordance with Clause 1, Article 40 of the Anti-Human Trafficking Law and other relevant regulations.

2. Requesting competent agencies to coordinate in taking measures to ensure safety for victims in accordance with law.

3. Recruiting and employing laborers in accordance with the labor law.

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Article 16. Responsibilities of victim support establishments

1. Operating in strict accordance with the operation contents and scope stated in their foundation licenses.

2. Responsibility for notification:

a/ Within 30 (thirty) working days after obtaining a foundation license, a victim support establishment shall publish in 5 (five) consecutive issues of a local or central newspaper information on its name, address, fields of operation, bank account, full name of the head, and telephone number;

b/ 15 (fifteen) working days before commencing its operation, a victim support establishment shall notify in writing of the commencement date of its operation and fields of operation to the provincial-level Service of Labor, Invalids and Social Affairs;

c/ At a victim support establishment’s head office there must be a board indicating its name, telephone number and address. When a foreign language is used, the font size of foreign language letters must be smaller than and written below the Vietnamese letters. The victim support establishment shall post up at its head office a plan of its working divisions together with a certified copy of its foundation license.

3. Regularly making a report on the results of victim support activities to provincial-level Service of Labor, Invalids and Social Affairs in accordance with regulations.

Article 17. Suspension from operation or revocation of foundation licenses

1. The Chairman of provincial-level People’s Committee shall suspend the operation of victim support establishments in the following cases:

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b/ Failing to perform the responsibilities as defined in Article 16 of this Decree.

2. The Chairman of provincial-level People’s Committee shall revoke a foundation license when:

a/ The victim support establishment fails to operate within 6 (six) months after obtaining a foundation license, or has ceased operation for 6 (six) consecutive months without notifying such to the provincial-level Service of Labor, Invalids and Social Affairs;

b/ There is a sign or ground to believe that a victim support establishment takes advantage of victim support activities to traffic in humans or children, exploit or force labor, or carry out other illegal activities;

c/ The victim support establishment fails to regularly report on its operation under regulations of the Ministry of Labor, Invalids and Social Affairs; or fails to send reports within 60 (sixty) days after receiving written requests from examination or inspection agencies;

d/ The victim support establishment violates regulations on the grant, re-grant, modification, supplementation or extension of foundation licenses under Section 1, Chapter II of this Decree;

e/ Past the time limit for operation suspension, the victim support establishment fails to comply with requirements of examination or inspection agencies.

3. Within 3 (three) working days after making a record of a victim support establishment’s violation under Clauses 1 and 2 of this Article, the director of the provincial-level Service of Labor, Invalids and Social Affairs shall request in writing the Chairman of provincial-level People’s Committee to decide on the suspension of the operation or revocation of the foundation license of the victim support establishment.

4. Within 5 (five) working days after receiving the written request from the director of the provincial-level Service of Labor, Invalids and Social Affairs, the Chairman of provincial-level People’s Committee  shall decide on the suspension of the operation or revocation of the foundation license of the victim support establishment.

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1. A victim support establishment shall be terminated its operation in the following cases:

a/ At the request of the founding organization or individual;

b/ Past the operation period indicated in the foundation license, the founding organization or individual does not request for license extension;

c/ Past the operation period indicated in the foundation license without the disapproval from the competent agency for the extension;

d/ The foundation license is revoked under Clause 2, Article 17 of this Decree.

2. The procedures and time for requesting operation termination in the case specified at Point a, Clause 1 of this Article are as follows:

a/ The founding organization or individual makes an application for operation termination according to the form provided by the Ministry of Labor, Invalids and Social Affairs and sends it to the provincial-level Service of Labor, Invalids and Social Affairs of the locality in which the victim support establishment is located;

b/ Within 5 (five) working days after receiving such application, the provincial-level Service of Labor, Invalids and Social Affairs shall request in writing the Chairman of provincial-level People’s Committee  to consider and make a decision;

c/ Within 5 (five) working days after receiving a written request from the provincial-level Service of Labor, Invalids and Social Affairs, the Chairman of provincial-level People’s Committee  shall give a written reply.

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Within 15 (fifteen) working days after the date the Chairman of provincial-level People’s Committee decides not to extend a foundation license or the date of issuance of a license revocation decision under Points c and d, Clause 1 of this Article, the provincial-level People’s Committee shall publish the termination and time of termination of the operation of a victim support establishment.

Chapter III

SUPPORTS, ORDER AND PROCEDURES FOR PROVIDING SUPPORTS FOR VICTIMS

Article 19. Supports for essential needs and travel expenses

1. Support recipients include:

a/ Victims being Vietnamese citizens, stateless persons permanently residing in Vietnam and foreigners trafficked in Vietnam;

b/ Persons awaiting verification to be victims under Articles 24 and 25 of the Anti- Human Trafficking Law;

c/ Juveniles accompanying victims.

2. The supports include:

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b/ Supports for clothing and essential personal articles. While staying in a social protection establishment or victim support establishment, a victim shall be provided with 2 (two) suits of casual clothes, 2 (two) sets of underwear, a face towel, a pair of plastic slippers, a toothbrush, a toothpaste, a soap, and sanitary napkins (for female victims);

c/ Meal allowances for traveling days, for victims wishing to return to their places of residence but unable to pay travel and meal expenses during traveling days; supports for travel expenses shall be provided based on ordinary fare rates of means of public transport.

For juvenile victims, the Division of Labor, Invalids and Social Affairs of districts or provincial towns (hereafter referred to as district-level Division of Labor, Invalids and Social Affairs) or competent agencies of the Ministry of Public Security or the Ministry of National Defense shall themselves accompany or coordinate with victim support establishments or social protection establishments in accompanying juvenile victims to the places of residence of their relatives.

3. Support provision responsibility:

a/ Agencies responsible for providing supports for essential needs specified at Points a and b, Clause 2 of this Article include commune-level People’s Committees; public security, border guard and coast guard offices (which receive and rescue victims); victim support establishments; and social protection establishments.

After receiving and rescuing victims and carrying out identification procedures, if the commune-level People’s Committees or public security, border guard or coast guard offices (which receive and rescue victims) cannot arrange meals and accommodation for the victims, they shall transfer the victims to social protection establishments or victim support establishments for receiving supports in accordance with regulations.

b/ Agencies responsible for providing travel and meal allowances specified at Point c, Clause 2 of this Article include district- level Labor, Invalids and Social Affairs Divisions, social protection establishments or victim support establishments.

For juvenile victims, social protection establishments or victim support establishments shall appoint guardians for the victims during their stay in the establishments and when carrying out legal procedures for returning them to their places of residence.

4. Based on the supports specified in Clause 2 of this Article and local practical conditions, agencies specified in Clause 3 of this Article shall make their annual regular budget expenditure estimates and submit them to competent authorities for approval.

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1. Medical support recipients include victims during their stay in social protection establishments or victim support establishments.

2. Medical supports include medical examination and treatment expenses.

3. During their stay at the social protection establishments or victim support establishments, the victims are entitled to health care for health recovery. If the victims are seriously ill and must be transferred to a medical establishment for treatment, they or their families shall themselves pay medical examination and treatment expenses.

For victims of poor households, households living just above the poverty line or policy- benefiting families under the Ordinance on Preferential Treatment for Persons with Meritorious Services to the Revolution, and juvenile victims, victim support establishments shall support medical examination and treatment expenses at the level equal to that covered by the medical insurance fund for these eligible groups. For victims without relatives, victim support establishments shall support medical examination and treatment expenses at the level equal to that covered by the medical insurance fund for members of poor households.

For victims with unexpired health insurance cards, the health insurance fund shall pay medical examination and treatment expenses for them in accordance with the health insurance law.

4. In case the victims die during their stay in social protection establishments or victim support establishments, 24 (twenty-four) hours after the competent agencies’ conclusions are made, if the victims’ relatives cannot come in time or cannot afford funeral expenses, the social protection establishments or victim support establishments shall organize funerals for them. The forensic examination and funeral expenses comply with regulations applicable to subjects in social protection establishments.

5. Pursuant to Clauses 3 and 4 of this Article and depending on local practical conditions, social protection establishments and victim support establishments shall make annual medical support expense estimates and submit them to the competent authorities for approval.

Article 21. Psychological support

1. Psychological support recipients include victims during their stay in social protection establishments or victim support establishments.

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3. Social protection establishments or victim support establishments shall organize support activities to help victims recover psychological stability during their stay in the establishments. For juvenile victims, social protection establishments or victim support establishments shall, before bringing them home, contact localities and assess the degree of safety for the victims when they return to their families or places of residence.

Article 22. Legal assistance

1. Legal assistance recipients include:

a/ Victims being Vietnamese citizens and stateless persons permanently residing in Vietnam;

b/ Victims being foreigners trafficked in Vietnam.

2. Legal assistance covers legal counseling for preventing victims from being trafficked again; assistance in carrying out procedures for household membership and civil status registration, for receiving supports or claiming compensations, participating in proceedings, and other legal procedures related to human trafficking cases.

3. The order and procedures for providing legal assistance shall comply with the law on legal assistance.

Article 23. Basic-knowledge and job learning and initial-difficulty supports

1. Support recipients include victims being Vietnamese citizens and stateless persons permanently residing in Vietnam.

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a/ Exemption from tuition fees and support of learning expenses for victims of poor households in accordance with current regulations;

b/ One-off support of job learning expenses for victims, at the vocational training expense level applicable at local vocational training institutions;

c/ One-off initial-difficulty allowance for victims of poor households when they return to their places of residence, at the level prescribed by the Ministry of Finance and the Ministry of Labor, Invalids and Social Affairs.

3. The procedures for providing basic- knowledge and job learning and initial- difficulty supports are as follows:

a/ A support request dossier comprises the victim’s or his/her family’s application for supports, certified by the commune-level People’s Committee and made according to the form provided by the Ministry of Labor, Invalids and Social Affairs; the competent agency’s written certification of the applicant as victim;

b/ Order and time limit for settlement:

Within 12 (twelve) months after being certified by a competent agency as victim, the victim or his/her family shall send an application to the commune-level People’s Committee of the locality in which he/she resides.

Within 3 (three) working days after receiving such application, the commune-level People’s Committee chairperson shall send a dossier to the Division of district-level Labor, Invalids and Social Affairs.

Within 5 (five) working days after receiving a complete dossier from the commune-level People’s Committee, the district-level Labor, Invalids and Social Affairs Division shall examine the dossier and propose the district- level People’s Committee chairperson to consider and make decision.

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Article 24. Loan support

Victims wishing to borrow loans for production and business activities may take loans from the Social Policy Bank. The lending conditions and loan term and amounts shall comply with current regulations applicable to projects taking out loans from the National Employment Fund.

Chapter IV

STATE MANAGEMENT RESPONSIBILITIES FOR VICTIM SUPPORT WORK

Article 25. Responsibilities of the Ministry of Labor, Invalids and Social Affairs

1. Developing and promulgate according to its competence or submit to competent agencies for promulgation legal documents specifying conditions for the foundation of victim support establishments and standards on victim support services.

2. Directing, guiding, disseminating, and organizing the implementation of legal documents, regulations and policies on victim support work.

3. Examining, inspecting and settling complaints and denunciations and handle violations related to the grant, re-grant, modification, supplementation, extension and revocation of foundation licenses, the operation of victim support establishments, and regimes and policies on victim support work.

4. Providing the training to improve the capacity of victim support officers; to enter into international cooperation on victim support work.

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1. The Ministry of Finance shall assume the prime responsibility for, and coordinate with the Ministry of Labor, Invalids and Social Affairs in specifying expense items and levels for victim support work and levels of supports for victims provided in this Decree.

2. The Ministries of Public Security, National Defense, Foreign Affairs, Health, Education and Training, and Justice, and related ministries and sectors shall, within the ambit of their functions, tasks and powers, coordinate with the Ministry of Labor, Invalids and Social Affairs in performing the state management of victim support work.

Article 27. Responsibilities of provincial- level People’s Committees

1. Within the ambit of their powers, to perform the state management of victim support work; to guide district- and commune-level People’s Committees in victim support work in accordance with regulations.

2. Directing the victim support work in their localities in accordance with law; to allocate funds for victim support work in accordance with this Decree.

3. Organizing the grant, re-grant, modification, supplementation, extension and revocation of foundation licenses; managing, supervising, inspecting and examining the operation and handling violations of victim support establishments.

4. Examining and inspecting the implementation of policies and laws on victim support work in localities; to review and regularly or irregularly report on victim support work according to regulations of the Ministry of Labor, Invalids and Social Affairs.

Chapter V

IMPLEMENTATION PROVISIONS

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This Decree takes effect on April 15, 2013.

Article 29. Implementation responsibilities

The Ministers, heads of ministerial-level agencies, heads of government-attached agencies and Chairman of provincial-level People’s Committees are liable to execute this Decree.

ON BEHALF OF THE GOVERNMENT
PRIME MINISTER




Nguyen Tan Dung