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Cablegate: Vietnam Issues National Plan of Action On Tip

This record is a partial extract of the original cable. The full text of the original cable is not available.

UNCLAS SECTION 01 OF 10 HANOI 002921

SIPDIS

STATE FOR G/TIP, G, INL, DRL, PRM, IWI, EAP/BCLTV, EAP/RSP
STATE PASS TO USAID

E.O. 12958: N/A
TAGS: KCRM PHUM KWMN ELAB SMIG VM OMIG TIP
SUBJECT: VIETNAM ISSUES NATIONAL PLAN OF ACTION ON TIP

1. (U) Summary: Vietnam has come up with the long-awaited
national action plan on trafficking in persons. The plan
focuses on the 2004-2010 period and addresses the major
elements of prevention, prosecution and protection. It
identifies the deficiencies in the current approach and the
challenges and constraints facing the GVN as it wrestles
with the trafficking problem. The plan provides specific
roles for each interested agency under the overall direction
of MPS, but does not provide specific information on funding
amounts or sources. A rough translation provided by UNICEF
is attached to the end of this message. End Summary.

2. (U) Deputy Prime Minister Pham Gia Khiem signed Prime
Ministerial Decision 130/2004 establishing a national plan
of action to combat trafficking in persons, analyzing the
TIP problem in Vietnam and assigning primary responsibility
for the plan to the Ministry of Public Security. The plan,
which became effective August 8, 2004, grew out of DPM
Khiem's September 2003 nationwide interministerial meeting
on trafficking.

AN HONEST LOOK AT VIETNAM'S FLAWS
---------------------------------

3. (U) The introductory sections of the plan deal frankly
with the trafficking problem in Vietnam. The document
criticizes Vietnam for lacking a comprehensive program of
action; for having a weak legal framework dealing with
trafficking; for having an inadequate system of
communication and education on the dangers of trafficking;
and for limitations and lack of capacity in virtually all
sectors of society dealing with trafficking, including
business and the service sector, labor management,
entry/exit management, marriage administration, adoption
involving foreigners and border control. The report credits
the GVN with some successes, notably in helping returned
victims reintegrate and in the commitment GVN agencies have
shown towards trafficking activities.

4. (U) The report also takes an unflinching look at the
challenges and constraints Vietnam faces in combating
trafficking. It specifically cites the phenomenon of
victims who fear discrimination and thus do not wish to come
forward; the limited achievements so far in developing and
implementing regional and international anti-trafficking
strategies; the lack of interagency coordination in anti-
trafficking efforts; the passivity of Vietnamese law
enforcement in making trafficking cases only based on
complaints rather than on proactive investigation; and the
lack of trained, educated staff at all levels.

5. (U) The action plan lays out a program of awareness
raising and capacity building that focuses on four main
projects: education and communication in local communities;
enforcement and prevention activities targeting traffickers;
support for returned trafficking victims; and strengthening
the legal framework to combat trafficking. Individual
agencies (the Vietnam Women's Union, the Ministry of
Defense's Border Army, the Ministry of Labor, Invalids, and
Social Affairs (MOLISA) and the Ministry of Justice,
respectively) are tasked with heading up these projects
under the overall supervision of the Ministry of Public
Security, which will also chair an Executive Board to
oversee execution of the National Plan. The
responsibilities of each agency are laid out specifically in
the plan.

6. (U) Funding for the projects in the plan is unspecific.
The plan says that sources will include the State budget,
local budgets and "other sources inside and outside the
community," to include international donors. The plan does
not specify amounts.

7. (SBU) COMMENT: The plan is a good one and addresses all
of the main weaknesses in the GVN's current anti-trafficking
methodology, with the exception of official corruption,
which is a macro-level problem beyond the scope of a
functionally specific action plan. International
Organizations, including UNICEF, had input into the plan's
drafting, and they have expressed satisfaction with it as
currently written. We will be watching the plan's
implementation with interest, particularly the funding
contributed by each of the participating agencies and the
frequency of and attendance at the Executive Board meetings.
In addition, Nongovernmental Organizations (such as the Asia
Foundation) and international organizations (such as UNICEF
and UNODC) will use the action plan to structure their
proposed interventions. This will allow them to streamline
the normally cumbersome official project approval process.
End Comment.
BEGIN VERBATIM UNOFFICIAL TRANSLATION OF GOVERNMENT DECISION
APPROVING ACTION PLAN (courtesy UNICEF):


Government Socialist Republic of Vietnam

Independence-Freedom-happiness
------------------------------
Decision of the Government on approval of the national
program of action against trafficking in women and children
from 2004-2010.


The Vice -Prime Minister
Based on the Organization Laws of the Gov on 25 /12/2001
Based on the Decree 09/1998/NQ-CP on 31 July 1998 of the
Government on strengthening prevention of the crime in new
situation.
Based on request of the MPS

DECISION

Article 1: Approval the National Plan of action against
trafficking in women and children from 2004-2010 with the
following components:

1/General objective
To create changes in awareness and action of different
levels, departments and the whole society on prevention and
combating against trafficking of women and children in order
to prevent and basically reduce the number of trafficked
women and children by 2010.

2/ Major projects of the Program:
a/ project 1 : Education communication in community on
prevention, protection of trafficking in women and children
b/ Project 2: Fighting against trafficking in women and
children
c/ Project 3: Receiving and supporting returned trafficked
women and children
d/ project 4: Build and complete laws related to trafficking
prevention.

3/ Implementation and fund for the Program:
- The MPS will be a leading agency and coordinating with
related ministries, and People's Committees of all provinces
- Funding for the Program:
+ From the Government sources (from the central and local
sources)
+ From mobilization funds from international and national
sources

Article 2: This Decree will be effective 15 days after
publicizing

Article 3: The Minister of MPS will be in charge of
monitoring and supervision of the implementation

All Ministers, ministry leaders, Chairpersons of all
provinces have responsibilities to implement this decree.

Deputy Prime Minister
Pham Gia Khiem

END VERBATIM UNOFFICIAL TRANSLATION OF GOVERNMENT DECISION
APPROVING ACTION PLAN.

BEGIN VERBATIM UNOFFICIAL TRANSLATION OF ACTION PLAN
(courtesy UNICEF):

Government
Socialist Republic of Vietnam

Independence-Freedom-happiness
------------------------------


Programme of Action
on preventing and combating traffickers of women and
children in the 2004-2010 period
(Promulgated together with Decision No:____ /QD-TTg
dated --- ---- 2003 of the Prime Minister)

Part I
The situation of trafficking of women and children and
achievements in prevention works.

The situation of trafficking of women and children.

Situation: In the recent years, especially since the
transformation of its economy into market-oriented
mechanism, the situation of trafficking, especially
trafficking of women and children, to other countries has
become more and more complicated, serious and tended to
increase. According to informal statistics, there have been
ten thousands of Vietnamese women and children trafficked up
to now, mainly to China, Cambodia, and some other countries.
Trafficked women and children end up to prostitution or
working in worst conditions and have to suffer
discrimination. Trafficking of women and children has been
becoming an urgent, topical and pressing problem badly
affecting society, customs, tradition, social morals, and
laws and sabotaging and taking away happiness of many
families, posing threats upon future generations, increasing
the risks of transmitting HIV/AIDS, resulting bad
implications in national security and social law and order.

Cause:
Objective cause:
In the context of market economy and international economic
integration, many socio-economic problems has been arising,
specifically poor and rich polarization, extreme living
conditions of rural and remote people, increasing
unemployment, low level of knowledge and cultural life, many
women and children in especially difficult circumstances
attempting to seek new opportunities in urban areas or
abroad. Furthermore, Bad (sexual) values inflow from
outside sources that creates enable environment for the
development of social evils, including trafficking of women
and children to other countries ending up to prostitution,
internal criminals in complicated cooperation with
international criminals take this as an advantage for their
illegal practices.

Subjective cause:
There has been limited in awareness of the seriousness,
needs and responsibilities for the prevention of trafficking
of women and children among Party subordinates and
authorities. Up to now, a comprehensive and feasible program
(or proposal) has not been established on the prevention,
combating of traffickers of women and children to other
countries.

Legal framework dealing with this crime in many countries as
well as in Vietnam has not been strengthened and
synchronized. The cooperation among law enforcement bodies,
relevant organizations nationally and internationally in
combating this crime is still fragile, there are a lot of
difficulties, inadequacies in investigation, inspection and
handling criminals, with low warning efficiencies. There is
still limited and ineffective collaboration in term of
criminal legislation, especially in information sharing,
handling and extraditing criminals. These factors impose
limitations over combating work against criminal.

Communication and education on the prevention of traffickers
of women and children and criminals in general have existed
many inadequacies. The interpretation and education on
legislation are still limited and have not reached to target
audiences and areas, especially, women from poor families,
in remote and border areas where the issue of trafficking of
women and children is emerging seriously.

There are inadequate and limited in State administration
over relevant facets such as, business, services, labor
management, entry-exit management, marriage, giving up and
adoption of children involving foreigners, and bolder
management; the structure and organization of its management
exposed many shortcomings failing to meet the requirements
that criminals can take those advantages for their
practices.


The prevention and combating
Achievements in the prevention and combating:

Recently, the prevention, combating of traffickers of women
and children are always set in line with the prevention,
combating criminal and social evils in general. Upon the
approval of the Directive No. 766/TTg dated September 17th,
1997 of the Government and the Resolution 09/1998/NQ-CP
dated July 31st 1998 "On strengthening the prevention,
combating criminal in the new situation", the prevention,
combating of traffickers have been concerned and implemented
with specific measures and some results have been reached.

The prevention:

IEC tasks on the prevention of criminal in general and the
prevention of trafficking of women and children have always
been respected and pervasively and comprehensively
implemented. In addition to mass media, mass organizations
and other bodies carried out their communication campaigns
through leaflets, manuals with compact and perceivable
contents using for family consultation; organized meetings,
forums on the explosion and interpretation of law,
responsibilities of families in the protection of women and
children, warning people to be self-alert with luring,
swindling, tricky practices played by criminals. Up to now,
IEC tasks on the prevention of trafficking of women and
children have become a concerned part of communication
activities carrying out by branches and organizations,
especially, by Women's Union, CPFC.

The State administration over law and order, specifically in
target areas arising the issue of trafficking of women and
children and prostitution has been strengthening by local
authorities and competent agencies through such measures as
residence management, management over leaving and coming of
criminals or alleged criminals involved in trafficking of
women and children, management over hotels, guest houses,
restaurants,. management over business of introducing
services, marriage with foreigners, giving up and adoption
of children involving foreigners, entry-exit management,..
in order to timely disclose criminals and cases of
trafficking of women and children. From this spirit,
specific prevention measures shall be established in order
to disclose, combat illegally criminal practices.

Dealing with returned victims, relevant bodies such as,
border guard, police, MOLISA and its lower levels, mass
organizations in close cooperation with local authorities
help these people to settle down their livings, to create
jobs, and to reintegrate into community.

The Investigation and Handling:

Police force acting as mainstay in combating against crimes,
in cooperation with Border Guard, procuracy, Courts at all
levels proactively combat, handle criminal routes and
traffickers inflicted women and children.

As reported statistics of police from provinces and cities,
from 1991 to 2002, police force at all levels have disclosed
and arrested 2,269 cases with 3,787 criminals in trafficking
of women and children (both inside and outside the country).
Of which, 1,818 cases were prosecuted, with 3,118 criminals
committed trafficking of women; 451 cases were prosecuted
with 672 criminals committed trafficking, exchanging or
abusing children (According to Article 119, 120- 1999
Criminal Code). After 5 years of implementing Directive No.
766/TTg of the Government Prime Minister (1998-2002), police
and border guard at all levels quashed 921 cases, with 1.807
traffickers, identified 1.914 victims.

As results of survey in some localities, cases of
trafficking of women and children to other countries made up
55% of all cases of trafficking of women and children in
general that had been disclosed and quashed.

Border Guard performing its assigned responsibilities
applied many measures in order to disclose, combat illegal
transportation of women and children abroad. In 7 years
(from 1996 to 2002), Border guard disclosed and handled 330
cases, with 698 criminals, identified 69 criminal routes and
carried investigation and handled 120 cases, with 219
criminals committed cross-border trafficking of women and
children. Many complicated, well-organized trafficking
routes practicing trafficking of women and children to other
countries such as, China, Cambodia, Macao, Hong-Kong,
Malaysia, have been disclosed and handled by police and
border guard. Almost all of cases of trafficking of women
and children have been jointly investigated and handled
strictly before law by police and border guard.

With reference to prosecution, from 1998 to 2002, People's
Courts at all levels prosecuted 820 cases, with 1,408
criminals committed trafficking of women and children under
article 119, 120- Criminal Code (1999). Most criminals were
sentenced strictly in conformity with the law.

Some constraints, challenges in the prevention of criminals
committed trafficking of women and children:

It is the fact that women and children were trafficked for
the purposes of prostitution and sexual exploitation.
Therefore, victims feel withdrawal, are afraid of
discrimination from community resulting in the refusal to
disclose criminals, they may not want to tell to others and
keep away from community. All these pose many difficulties
in the investigation and support victims to reintegrate into
community.

Due to social, economic conditions and differences in laws
and policies among regional countries on the prevention of
prostitution, and on marriage with foreigners, there are
limitations in developing and implementing strategies on the
prevention of trafficking of women and children among
regional countries and International organizations. This
resulted in low effectiveness of policy and law enforcement,
and showed no sign of decrease in border trafficking of
women and children.

Preventing and combating this crime among branches and
levels (from central to grassroots) have not been
synchronized, with no lead body in establishing a mechanism
for better collaboration. The percentage of disclosing cases
of trafficking of women and children remains very low that
is not compatible with the real situation. Basic
investigation into the situation was occasional and failed
to keep in time. It remained passive in disclosing new cases
that are mainly based on the complaints from victims or
their families. Residence management (both permanent and
temporary) has not been done properly, especially in remote
and rural areas. There are many cases where women and
children left the village but local authority got no
information about that.

Staffs working in this area in all branches and levels have
not been trained or updated basic as well as all-around the
world information; distribution of its force and facilities
in service of combating criminals committing trafficking of
women and children failed to meet the requirements in the
current situation.


Part II
Plan of action on prevention and combating against
Trafficking of women and children
2004-2010

I. Objectives
General objective
To create changes in awareness and action of different
levels, departments and the whole society on prevention and
combating against trafficking of women and children in order
to prevent and basically reduce the number of trafficked
women and children by 2010.

Specific Objective
2.1. From 2004-2006
To raise the awareness of the community of the tricks,
causes and effects of trafficking of women and children. To
improve the respect and implementation of laws on prevention
and combating against trafficking of women and children in
particular, crime in general

Develop and mandate relevant agencies to reinforce the laws,
strengthen legislation and social management to prevent and
combat against trafficking of women and children
effectively.

Prevent, combat against and reduce 20% of crimes related to
trafficking of women and children in target locations

From 2007-2010
Uniform implementation of the prevention, combating against
and reducing 50% of trafficking in women and children in
national scale; provide help to trafficked women and
children to come back to their hometown, to integrate into
the community.

II. Content and main proposals on the program.

Contents of the program
Carry out basic survey, analyze and predict the situation of
trafficking criminals. Build data related to trafficking in
women and children

Conduct education communication, encouraging people for
identification, prevention and combating against traffickers
of women and children.

Uniform implementation of the activities of prevention of
trafficking of women and children in the families,
communities, agencies and organizations.

Combating against trafficking in women and children and
other related crimes, specially transnational organized
crime

Support to education, job opportunities, integration into
the community for trafficked women and children. Support
construction of receiving center for women and children
victims

Mandate and build capacity for workers who work on
prevention of women and children trafficking.

Develop and finalize documents, legal norms related to
prevention of trafficking of women and children.

International cooperation in prevention of traffickers of
women and children, specially trafficking outside the
country.

Main projects of the Program
2.1. First project: Education communication in the community
on prevention of women and children traffickers
Focus on regular advocacy and education communication under
various forms, communication campaigns in the whole country,
specially in targeted areas, to categories of high risk;
integrate the advocacy on prevention of crimes and social
evils, develop cultural families, healthy communes, streets
without social evils; support, counseling for family of
victims, women and children who are vulnerable.

The central Viet Nam Women's Union is the key agency,
ministries, departments: culture and information, labor, war
invalids and social affairs, Youth Union and other
Ministries and Departments.

2.2. Second project: Combating against traffickers of women
and children
Focus on prevention activities, identification,
investigation and sanction on traffickers of women and
children and other related crimes, specially traffickers of
women and children to foreign countries, internationally
organized crime.
Arrest criminals who have hidden, prevent them from
becoming new criminal organizations.

Sub-project 1: implemented in the inland by the Ministry of
public Security. Sub-project 2: implemented in the border
areas by the Ministry of Defense (Border Guard)
CPFC, Ministry of Justice, Ministry of Foreign Affairs,
People's Supreme Court, People's Court of Investigation and
other ministries and department will coordinate with these
ministries.

2.3. Third Project: Receive and support women and children
who are victims of traffickers from foreign countries.
Focus on monitoring border gates, specially transportation,
coordinate with public security force and border guards of
countries which share the borderline, procedures to receive
and support victims who are trafficked, coordinate with the
local authorities (especially, local level). Organize
support activities, education, help them to sustain their
life, integrate into the community.

Border Guard Commanding Bureau will be in charge of
receiving victims, complete transferal procedures. MOLISA
will coordinate with other ministries Ministry of Public
Security, Ministry of Justice, Women's Union, other
Ministries and relevant departments.

The fourth Project: Develop and strengthen legal framework
in relation to the prevention of, combating against
criminals of trafficking of women and children.
Conduct research, develop and strengthen legal framework as
well as legal documents relating to marriage, giving and
adopting children involving foreigners, tourism, labor
exchange, exit-entry management, prosecution, and
reintegration into community for victims; support marriage
connection centers to perform properly.
MOJ will be in charge of this project in collaboration with
MOFA, MPS, Ministry of Defense and other ministries


Part III
Organization and implementation of programme of action

Management:

The Programme of Action on the prevention of, combating
against criminals trafficking women and children in the
period 2004 -2010 mentioned areas under the management and
supervision of various Ministries, agencies. Therefore, it
is needed to synchronously implement with close cooperation
among Ministries, agencies.

It is imperative to set up a Executive Board for "the
Programme of Action on the prevention of, combating against
criminal trafficking women and children" at central level
headed by an official from MPS, its members are from other
relevant ministries, agencies such as Ministry of National
Defense (Border Guard Commanding Bureau), MOFA, MOJ, MOLISA,
Vietnam Women's Union, CPFC.

Sub-executive management board shall be established in line
with central board in province, cities where the programme
is implemented.

Responsibilities and obligations

Ministry of Public Security:
Acting as a lead agency in cooperation with other relevant
ministries, agencies and people's committees of provinces
and centrally-run cities, The Ministry of Public Security
shall monitor the situation, data of women and children
trafficked or illegally transported to other countries.

Determining the focal areas, directing police force at all
levels strongly apply professional practices in order to
disclose, prevent, quash trafficking routes. Strictly
managing residence holders (both temporary and permanent
status) in commune, ward, town, clusters; mobilizing people,
in cooperation with Vietnam Fatherland Front and mass
organizations, to participate in the prevention, disclosure,
combating against criminals, and in ensuring social laws and
order.

Together with related departments and local people's
committees, examine and handle matching service
establishments, illegal child adoption of foreign elements,
tourism services and labor export services violating the
laws in transportation of people abroad.

Strengthen organization and increase specialized staffs from
the governmental level to local level to timely detect,
quickly investigate and strictly handle organizations and
individuals breaking laws on prevention of woman and child
trafficking, illegal transportation of women and children
abroad.

Co-operate with Border Guard to strengthen investigation at
border gates, combat and effectively prevent cross - border
illegal transportation of women and children.

Be a focal point in international co-operation in prevention
of woman and child trafficking; co-operate with Interpol and
Police of neighboring countries, especially China, Cambodia
to detect, prevent, and combat trafficking of women and
children abroad.

2. Border Guard

Strengthen investigation measures at border gates and to
prevent illegal transportation of women and children abroad.

Act as a lead agency and co-operate with Ministries, and
relevant Departments to receive and support the cross -
border trafficked women and children who return home.

Co-operate with Police of the country and of such bordering
countries as China, Cambodia to detect and prevent the
network of cross - border illegal transportation of women
and children.

Co-operate with competent agencies in propagating and
mobilizing people at border areas to involve in combating
trafficking of women and children.

3. The Ministry of Foreign Affairs
Co-operate with the Ministry of Public Security in politics
and external relations in co-operating with foreign
countries in preventing this kind of crime. Prepare
appropriate counter - tactics to work with international
organizations and countries involved in elimination of
illegal transportation of Vietnamese women and children
abroad.

Co-operate with mass organizations and people in mobilizing
and taking advantage of assistance from NGOs in handling
this issue.

4. The Ministry of Labor, Invalids and Social Affairs

Act as a lead agency and co-operate with the Ministry of
Public Security, Border Guard Command of the Ministry of
Defense, the Ministry of Public Health, Committee on
Population, Family and Children, National Women's Union,
People's Committees of various levels to organize vocational
training, job placement, re-integration for the cross-border
trafficked women and children who returned home, referring
case suffering from social diseases to health treatment
facilities.
Do research and add to the list of jobs in which use of
woman and child labor is prohibited to prevent them from
being abused.

5. The Ministry of Justice

Act as a lead agency and co-operate with Ministries and
Departments to develop and strengthen the legal system on
prevention, combating, handling crimes related to woman and
child trafficking; Organize legal dissemination and
education on prevention and combating woman and child
trafficking.

6. National Women's Union of Vietnam

Act as a lead agency and co-operate with Ministries, related
departments, agencies and mass organizations and local
authorities to organize dissemination, education and
consultation at the community on prevention of women and
child trafficking.

Co-operate with the Ministry of Labor, Invalids and Social
Affairs to support and assist some trafficked women and
children to re-integrate into the community.

7. Committee on Population, Family and Children

Act as a lead agency and co-operate with Ministries, related
departments, agencies to implement prevention of child
trafficking, commercial sexual exploitation of children.

8. Ministries, Ministerial - level agencies and Government
agencies

Have planned to direct the implementation of contents and
measures to combat and prevent woman and child trafficking
within their responsibilities and authority.

9. People's Committees of Provinces and Centrally-run cities

Be responsible to uniformly implement and incorporate the
prevention and combating of woman and child trafficking into
other socio-economic programs in the localities. Based on
the Government's program and current situation of the
locality, develop the plan of action, direct and guide the
people's committee of lower level to implement. Especially
appreciate the role of and responsibilities of Chairman of
commune people's committee in learning about the situation
and detecting the trafficked women and children within the
area and take urgent measures for prevention.

Every year, the local authorities should be active in
allocating budgets to implement this program, mobilize the
contributions from people in addition to Government budgets.

10. Recommendation for Supreme People's Court, Supreme
People's Procuracy

Strengthened directing the system of branch agencies at
localities and have plan to closely co-operate with other
law enforcement agencies in investigating, prosecuting,
hearing cases of woman and child trafficking in timely,
strict and clear manner.

11. Recommendation for National Committee of Vietnam
Fatherland Front, Vietnam Labor Federation, Vietnam
Veterans' Union, Vietnam Farmers' Union, National Women's
Union of Vietnam, Ho Chi Minh Youth Union: Closely co-
operate with Ministries, departments, and authorities of
different levels in mobilizing people of different social
classes to actively involve in prevention of woman and child
trafficking.

III. Funding for implementation of the program

Funding to implement this program is mobilized from various
sources:

State budget (provided by the Government): every year, the
Government reserves an amount of funding to implement the
program, objectively support focal tasks and proposals.
Local budget: every year, the locality should actively
develop plans and allocate funding for prevention, combating
woman and child trafficking, incorporate into other programs
and projects in the area.
Other sources inside and outside the country (mobilizing
contributions of the community and international sponsor.)
The Directors' Board of the program develops the plan to
allocate the capital source provided annually from State
budget, and then the plan is submitted to the Government to
decide and directly guide the implementation. Regarding
other sources of funding, the Ministry of Public Security
will co-operate with related departments, programs and
projects and sponsor agencies and organizations to organize
the implementation within the area and specific aspects.

Ministries, Departments, People's Committees of provinces,
centrally-run cities are responsible to implement, regularly
monitor and supervise, speed up the program; develop the
plan for each stage, for each year to appropriately and
effectively implement the program and projects.


Signed
FOR THE PRIME MINISTER
VICE MINISTER
Pham Gia Khiem

END UNOFFICIAL TRANSLATION OF ACTION PLAN.

MARINE

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