English - CEDAW Southeast Asia

A Gendered and Rights-Based Review of Vietnamese Legal Documents through the Lens of CEDAW
Additionally, the recommendations in Part V.1.3.3 and Part V.1.3.6 must be taken
into account, especially the inclusion of professional social workers in interventions for
victims of violence against women.
Indicator 43
Is inter-agency cooperation to address trafficking mandated by
law Is there a clear designation of responsibilities of ministries
and agen cies to eliminate discrimination
In a number of instruments on trafficking - such as the Directive on Sending Abroad,
Resolution 09/1998/NQ-CP of 31 July 1998 and National Plan of Action Against Trafficking -
responsibilities of ministries and agencies are stipulated.
The National Plan of Action Against Trafficking’ set up a National Steering Committee
chaired by MPS. Its members include MOFA, MOJ, MOLISA, Viet Nam Women’s Union,
Commission on Population, Family and Children, Ministry of Planning and Investment and
Ministry of Finance. The responsibilities of each member agency of the steering committee are
stipulated in the National Plan of Action Against Trafficking, as well as those of other public
bodies, People’s Committees, SPC and mass organizations.
Further, in the National Plan of Action Against Trafficking, key implementing agencies
have been specifically named for each programme component, with references for coordination
to other relevant agencies relating to a specific area of their work. The Decision on
Trafficking 2005 and Programme of Action against Trafficking concretized what needs to be
done, by which ministry/agency for a particular time frame. (See discussions in Indicators 39-
42 for more details). This is, indeed, a good approach for better implementation.
Indicator 44
What measures are provided by legislation concerning responsibilities
of embassies abroad for protection of victims of traffickers
As extensions of the State in foreign countries, embassies and consulates play a critical
role in the fight against trafficking. In the National Plan of Action Against Trafficking, a number of
responsibilities designated to MOFA will be carried out through Vietnamese embassies and consulates.
The responsibilities designated include: (a) cooperating with foreign countries to prevent
and combat trafficking; (b) updating situation and number of trafficked children living abroad; (c)
establishing appropriate policies to work with international organizations and countries involved
with illegal sending of Vietnamese women and children; and (d) cooperating with mass organizations
and people to mobilize and take advantage of assistance from international NGOs in handling
this issue. In the Programme of Action on Trafficking, MOFA was also tasked to coordinate
in relation to its particular area of work with the key implementing agencies.
Recommendation: It is suggested that the responsibilities of Vietnamese
embassies and consulates must be stipulated in law, which should include endeavoring
to provide the victims in the foreign country with: (a) emergency shelter, (b) protection
and safety; (c) counselling and medical/psychological assistance; and (d) legal
assistance. The embassies and consulates must make representations for the repatriation
of the victim, when necessary, or when the victim is required to assist in the prosecution
of the traffickers in the foreign country, to ensure the victim’s protection and
well-being.
157
Trafficking and exploitation of prostitution (Article 6 of CEDAW)