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THE NATIONAL ASSEMBLY No. 102/2016/QH13 |
THE SOCIALIST REPUBLIC OF VIETNAM |
LAW ON CHILDREN
Pursuant to the Constitution of the
Socialist Republic of Vietnam;
The National Assembly promulgates the Law
on Children.
Chapter I
GENERAL PROVISIONS
Article 1. Children
A child is a person below the age of
sixteen.
Article 2. Scope of regulation
This Law prescribes the rights and duties
of children; the principles and measures to guarantee children’s rights; and
the responsibilities of agencies, organizations, educational institutions,
families and individuals in realizing children’s rights and duties.
Article 3. Subjects of application
Vietnamese state agencies, political
organizations, socio-political organizations, socio-politico-professional
organizations, social organizations, socio-professional organizations, economic
organizations, non-business units, people’s armed force units, educational
institutions, families and citizens; international agencies and organizations,
and foreign organizations operating in the Vietnamese territory, foreigners
residing in Vietnam (below referred collectively to as agencies, organizations,
educational institutions, families and individuals).
Article 4. Interpretation of terms
In this Law, the terms below are construed
as follows:
1. Child protection means the application
of appropriate measures to ensure that children live safely and healthily; to
prevent, stop and handle acts of child abuse; and to support disadvantaged
children.
2. All-sided development of a child means
the simultaneous development of the physical strength, intelligence, spirit,
morality and social relations of a child.
3. Alternative care means the care and
nurture given by an organization, a family or an individual to an orphan, a
child who is disallowed or unable to live with his/her biological parents, or a
child who is affected by a natural disaster, a catastrophe or armed conflicts
in order to ensure his/her safety and best interests.
4. A child’s caregiver means a person who
performs the task of taking care of a child. A child’s caregiver may be his/her
guardian, an alternative caregiver or another person assigned to assist, take
care of and protect a child together with his/her parents.
5. Child abuse means acts that cause harm
to the physical strength, emotion, psychology, honor and dignity of a child in
form of violence, exploitation, sexual abuse, trafficking, abandonment, neglect
or other harmful forms.
6. Child violence means acts of
persecuting, maltreating, beating; infringing upon the body and health;
insulting or hurting the honor or dignity; isolating, driving away and other
intentional acts that cause physical and mental harms to a child.
7. Child exploitation means acts of
forcing a child to work in contravention of the labor law; demonstrating or
manufacturing pornographic products; organizing or supporting tourist
activities for the purpose of child sexual abuse; giving, receiving or supplying
children for prostitution activities and other acts of employing children for
self-seeking purposes.
8. Child sexual abuse means the use of
violence, threat to use violence, coercion, dragging, or enticement of a child
into sex-related acts, including raping, coercive intercourse, sexual
intercourse, debauchery with a child or employing a child for prostitution or
pornographic purposes in any form.
9. Child abandonment or neglect means the
failure to perform or fulfill the obligations and responsibilities to take care
of, and nurture a child by his/her parents
or caregivers.
10. Disadvantaged children are those who
have not enough conditions to exercise their rights to live, to be protected,
to be taken care of and nurtured, and to learn, and need the support and
special intervention from the State, families and the society for their safety
and integration into their families and communities.
11. Supervision of the exercise of
children’s rights according to their opinions and aspirations means the
examination and assessment of activities of agencies, organizations and
individuals related to the responsibility to ensure the exercise of children’s
rights and the settlement of children’s opinions and recommendations in their
best interests.
Article 5. Principles of guaranteeing the
realization of children’s rights and duties
1. Guaranty for children to fully exercise
their rights and perform their duties.
2. Non-discrimination against children.
3. Guaranty of children’s best interests
in decisions related to children.
4. Respect for, listening to,
consideration of, and response to, children’s opinions and aspirations.
5. In the course of making policies and
laws that affect children, opinions of children and related agencies and
organizations shall be taken into account; children-related objectives and
targets shall be incorporated into national, sectoral and local socio-economic
development master plans and plans.
Article 6. Prohibited acts
1. Depriving children of the right to
live.
2. Abandoning, neglecting, trafficking,
kidnapping, fraudulently exchanging or appropriating children.
3. Sexually infringing upon, committing
violence against, abusing or exploiting children.
4. Organizing, supporting, inciting and
coercing underage marriages.
5. Employing, enticing, inciting,
provoking, taking advantage of, dragging, seducing and forcing children to
commit illegal acts or hurt the honor or dignity of other people.
6. Obstructing children from exercising
their rights and performing their duties.
7. Declining to provide, or covering up,
hindering the provision of, information on children being abused or children at
risk of exploitation or violence to their families, educational institutions,
agencies or competent persons.
8. Committing bias or discrimination
against children due to their personal characteristics, family circumstances,
gender, ethnicity, nationality, belief and religion.
9. Selling to children or letting children
use alcohol, beer, cigarettes and other habit-forming substances or stimulants
and food that is unsafe and harmful to children.
10. Providing Internet and other services;
producing, duplicating, circulating, operating, spreading, owning,
transporting, storing and trading in publications, toys, games and other
products serving children which contain contents affecting their healthy
development.
11. Announcing or disclosing information
on personal lives or secrets of children without the consent of children who
have reached full 7 years of age and of their parents or guardians.
12. Abusing the alternative care to harm
children; taking advantage of regimes and policies of the State or of the
support and assistance of organizations and individuals for children for
self-seeking purposes.
13. Locating service establishments,
production establishments or goods storehouses which cause environmental
pollution or hazards or are prone to fire and explosion near child protection
service establishments, educational institutions, medical or cultural
establishments, or play and recreation centers for children, or vice versa.
14. Occupying or using infrastructure
facilities reserved for children’s learning, play and recreation activities or
child protection services for improper purposes or in contravention of law.
15. Refusing to provide, failing to
provide or inadequately and untimely providing assistance, intervention and
treatment for children who are at risk or in danger of suffering bodily, honor and dignity harms.
Article 7. Resources for ensuring the exercise of
children’s rights and protection of children
1. The State shall allocate resources for
the achievement of children-related objectives and targets in national,
sectorial and local socio-economic development master plans and plans;
prioritize the allocation of resources for the protection of children and
assurance of the exercise of children’s rights.
2. Financial sources for the exercise of
children’s rights include state budget; donations from domestic and foreign
agencies, organizations, families and individuals; revenues from the provision
of services; international aid and other lawful revenues.
3. The State shall adopt human resource
solutions and facilitate the exercise of children’s rights; develop the network
of child protection officers at all levels, giving priority to the arrangement
of child protection officers at the commune level, and mobilize resources for
the development of the network of child protection collaborators in rural and
mountainous villages and urban street groups and quarters.
Article 8. Contents of state management of children
1. Submitting to competent state agencies
for promulgation or promulgating according to competence legal documents on
child protection, and directing and organizing the implementation thereof.
2. Formulating, and organizing the
implementation of, national strategies, policies and targets on children.
3. Providing guidance for agencies,
organizations, educational institutions, families and individuals on measures, processes and criteria to ensure
the exercise of children’s rights in accordance with law.
4. Disseminating and educating about the
law on children; communicating and disseminating knowledge and skills on the
exercise of children’s rights and mobilizing the society to realize children’s
rights.
5. Building up, training and retraining
the contingent of officials, civil servants, public employees and persons
assigned to perform child protection work, caregivers of children and child
protection collaborators for the exercise of children’s rights.
6. Inspecting and examining the
implementation of the law on children; settling complaints and denunciations
and handling violations of the law on children; settling, and pressing for the
settlement of, opinions and petitions of children, their guardians and
organizations representing children’s voices and aspirations.
7. Performing the work of statistics,
information and reporting on children and on the implementation of the law on
children to competent state agencies.
8. Implementing international cooperation
on exercise of children’s rights.
Article 9. Responsibility to coordinate in the
realization of children’s rights and duties
1. Ministries, ministerial-level agencies
and government-attached agencies shall coordinate with state management
agencies in charge of children and related agencies and organizations in
carrying out inspections and examinations, settling proposals, complaints and
denunciations, and handling violations of the law on children.
2. Agencies, organizations, educational
institutions, families and individuals shall ensure the realization of
children’s rights and duties; support and create conditions for children to
exercise their rights and perform their duties as prescribed by law; and
coordinate and exchange information with one another in the course of
implementation.
3. Socio-political organizations and
social organizations shall coordinate with state management agencies in charge
of children in the course of performing children-related tasks.
Article 10. Disadvantaged children
1. Disadvantaged children are classified
into the following categories:
a/ Orphans;
b/ Abandoned children;
c/ Children who have no one to rely on;
d/ Children with disabilities;
dd/ HIV/AIDS-infected children;
e/ Juvenile delinquents;
g/ Narcotic-addicted children;
h/ Children who dropped out of school for
livelihood before completing lower secondary education;
i/ Children suffering serious physical and
mental harms due to violence;
k/ Exploited children;
l/ Sexually abused children;
m/ Trafficked children;
n/ Children of poor or near-poor
households who suffer a dangerous disease or a disease requiring long-term
treatment;
o/ Migrant and refugee children whose
parents have not yet been identified or who are unaccompanied.
2. The Government shall detail categories
of disadvantaged children and appropriate support policies for every category
of disadvantaged children.
Article 11. Month of Action for Children
1. June shall be taken as the Month of
Action for Children every year in order to promote the all-people child care,
education and protection movement; to disseminate policies, programs, plans and
projects on construction of facilities for children and mobilize agencies,
organizations, educational institutions, families and individuals to implement
them and to mobilize resources for children.
2. The Ministry of Labor, War Invalids and
Social Affairs shall assume the prime responsibility for, and coordinate with
related agencies and organizations in, directing, organizing and guiding the
implementation of the Month of Action for Children.
Chapter II
RIGHTS AND DUTIES OF CHILDREN
Section 1
RIGHTS OF CHILDREN
Article 12. Right to life
The child has the right to have his/her
life protected and to be guaranteed with best conditions for his/her survival
and development.
Article 13. Right to have birth registered and have
citizenship
The child has the right to birth
registration and death certification, to a family name and a given name, and to
acquire a citizenship; and to have his/her parents, nationality and gender
identified in accordance with law.
Article 14. Right to healthcare
The child has the right to best healthcare
and to priority in the access to and use of disease prevention and examination
and treatment services.
Article 15. Right to be taken care of and nurtured
The child has the right to be taken care
of and nurtured for all-sided development
Article 16. Right to education, learning and talent
development
1. The child has the right to education
and learning for all-sided development and promotion of his/her personal
potential to the utmost.
2. All children are equal in learning and
education opportunities; have the right to develop their talent, aptitude,
creativity and innovation.
Article 17. Right to play and recreation
The child has the right to play and
recreation; to equality in opportunities to participate in cultural, artistic,
physical training, sports and tourist activities suitable to his/her age.
Article 18. Right to preserve and promote identity
1. The child has the right to respect for
his/her personal characteristics and values suitable to his/her age and ethnic
culture; to have his/her family ties recognized.
2. The child has the right to use the
spoken and written language and to preserve and bring into play the fine
cultural traditions, customs and practices of his/her ethnicity.
Article 19. Right to freedom of belief and religion
The child has the right to freedom of
belief and religion, to follow or not follow any religion and to safety in
his/her best interests.
Article 20. Property rights
The child has the right to property
ownership and inheritance and other property-related rights prescribed by law.
Article 21. Right to privacy
1. The child has the inviolable rights to
privacy, personal secrets and family secrets in his/her best interests.
2. The child has his/her honor, dignity,
reputation, mail, telephone, telegraph secrets and other forms of exchange of
private information protected by law; has his/her private information protected
against unlawful intervention.
Article 22. Right to live with parents
The child has to right to live with
his/her parents; to be protected, taken care of and educated by both parents,
except the case of separation from parents as prescribed by law or for the
child’s best interests.
When being separated from his/her parents,
the child shall be assisted in maintaining his/her relations and contacts with
his/her parents and family, except cases where it is not in his/her best
interests.
Article 23. Right to reunion, relations and contacts
with parents
The child has the right to know his/her
biological parents, except cases where it could affect his/her best interests;
to maintain relations and contacts with both parents when the child and his/her
parents reside in different countries or are detained or deported; to be
provided with favorable immigration conditions for reunion with his/her
parents; to be protected from being illegally transferred abroad; to be
supplied with information upon the missing of their parents.
Article 24. Right to alternative care and adoption
1. The child is entitled to alternative
care when he/she loses his/her parents; is disallowed or unable to live with
his/her biological parents; is affected by a natural disaster, a catastrophe,
or armed conflicts, for the sake of his/her safety and best interests.
2. The child may be adopted in accordance
with the adoption law.
Article 25. Right to be protected from sexual abuse
The child has the right to be protected in
all forms from sexual abuse.
Article 26. Right to be protected from labor
exploitation
The child has the right to be protected in
all forms from labor exploitation; from underage labor, overtime work or heavy,
hazardous or dangerous work as prescribed by law; from performing work or
working in a workplace that could adversely affect his/her personality and
all-sided development.
Article 27. Right to be protected from violence,
abandonment and neglect
The child has the right to be protected in
all forms from violence, abandonment and neglect, which are prejudicial to
his/her all-sided development.
Article 28. Right to be protected from trafficking,
kidnapping, fraudulent exchange and appropriation
The child has the right to be protected in
all forms from trafficking, kidnapping, fraudulent exchange or appropriation.
Article 29. Right to be protected from narcotics
The child has the right to be protected in
all forms from the unlawful use, production, transportation, purchase, sale and
storage of narcotics.
Article 30. Right to be protected in legal
proceedings and administrative handling
The child has the right to be protected in
legal proceedings and during the course of administrative handling; has his/her
right to defense and self-defense guaranteed, to protection of lawful rights
and interests; to legal aid; to present his/her opinions; not to be unlawfully
deprived of his/her liberty; not to be subject to torture, coercion, corporal
punishment, honor and dignity hurt, body infringement, psychological stress and
other forms of infringement.
Article 31. Right to be protected when facing a
natural disaster, a catastrophe environmental pollution, and armed conflicts
The child has the priority right to be
protected and assisted in all forms so as to get free from impacts of a natural
disaster, a catastrophe, environmental pollution and armed conflicts.
Article 32. Right to be guaranteed with social
welfare
The child being a Vietnamese citizen shall
be guaranteed in accordance with law with social welfare suitable to the
socio-economic conditions of the locality where he/she lives and the conditions
of his/her parents or caregivers.
Article 33. Rights to access information and
participate in social activities
The child has the right to full, timely
and suitable access to information; the right to seek and receive information
in all forms as prescribed by law, and to participate in social activities
suitable to his/her age, maturity, needs and capacity.
Article 34. Right to express opinions and to
association
The child has the right to express his/her
own opinions and aspirations on all matters affecting the child; to freedom of
association as prescribed by law, suitable to his/her age, maturity and
development; and to have his/her opinions and legitimate aspirations listened
to, accepted and responded by agencies, organizations, educational
institutions, families and individuals.
Article 35. Rights of a child with disabilities
A child with disabilities enjoys all
children’s rights and the rights of people with disabilities as prescribed by
law; and is entitled to special support, care and education for functional
rehabilitation, self-reliance development and social integration.
Article 36. Rights of a stateless child and a refugee
child
A stateless child residing in Vietnam or a
child fleeing from danger or taking refugee shall be accorded protection and
humanitarian assistance and is entitled to trace his/her parents and family
members in accordance with Vietnamese laws and treaties to which the Socialist
Republic of Vietnam is a contracting party.
Section 2
DUTIES OF CHILDREN
Article 37. Duties toward the family
1. To respect, be polite and dutiful to
his/her grandparents and parents; to love, show concern for, and share feelings
and aspirations with his/her parents and other members of his/her family and
other relatives.
2. To learn, train himself/herself in and
preserve the family customs and practices, to assist his/her parents and other
family members in work suitable to his/her age, gender and development.
Article 38. Duties toward the school, social relief
establishment or another educational institution
1. To respect teachers, officers and
employees of the school, social relief establishment or another educational
institution.
2. To show love for, unite and share
difficulties with, respect and help friends.
3. To train himself/herself in morality,
sense of self-learning, perform learning and training tasks according to
educational programs and plans of the school or another educational
institution.
4. To preserve and protect the property
and observe all the internal rules and regulations of the school, social relief
establishment or another educational institution.
Article 39. Duties toward the community and society
1. To respect and be polite to the elder;
to show concern for and help the aged people, people with disabilities,
pregnant women, younger children, and disadvantaged people according to his/her
capacity, health and age.
2. To respect the rights, honor and
dignity of other people; to observe regulations on traffic safety and social
order and safety; to protect, preserve and use property and natural resources
and to protect the environment according to his/her capacity and age.
3. To detect, report on, and denounce
unlawful acts.
Article 40. Duties toward the native place and
country
1. To love his/her native place, country
and compatriots, to have a sense of national building and defense; to respect
the national historical traditions; to preserve the national identity, to bring
into play the fine customs, practices, traditions and culture of his/her native
place and country.
2. To observe and implement the law; to
unite, cooperate and participate in exchanges with international friends and
children suitable to his/her age and development stage.
Article 41. Duties toward himself/herself
1. To be responsible to himself/herself;
not to ruin his/her body, honor, dignity and property.
2. To live honestly and modestly; to keep
hygiene and practice physical exercise.
3. To learn diligently, not to drop out of
school without permission, not to leave his/her family for a street life.
4. To refrain from gambling; to refrain
from buying, selling and using alcohol, beer, cigarettes, habit-forming
substances and other stimulants.
5. To refrain from using and exchanging
products with violent and debauched contents; to refrain from using toys or
playing games harmful to his/her healthy development.
Chapter VIII
CHILD CARE AND EDUCATION
Article 42. Assurance of care for and nurture of
children
1. The State shall adopt subsidy and
assistance policies and promulgate standards and criteria for the care and
nurture of children according to their age groups and of disadvantaged
children.
2. The State shall encourage agencies,
organizations, families and individuals to provide assistance to and care for
children and disadvantaged children; provide land, tax and credit supports for
organizations and individuals that provide child care and nurture services in
accordance with law.
Article 43. Assurance of healthcare for children
1. The State shall adopt policies suitable
to socio-economic development conditions in each period in order to assist
children, ensuring that all children have access to healthcare, giving priority
to disadvantaged children, children of poor or near-poor households, ethnic
minority children, and children living in border and mountainous communes, on
islands and in communes with extremely difficult socio-economic conditions.
2. The State shall ensure the application
of various measures for regular medical examination of pregnant women and
children according to their age groups; to provide nutritious care, primary
healthcare and vaccinations for children; to prevent and control children’
accidents and injuries; to provide children with advice and assistance on
reproductive healthcare and sexual health suitable to their age groups as
prescribed by law.
3. To prioritize health and nutrition
counseling, protection and care for pregnant women, mothers nursing children
under 36 months old, and children, especially children under 36 months old and abused children, suitable
to socio-economic development conditions in each period.
4. The State shall adopt policies and
measures to provide prenatal and neonatal counseling, screening, diagnosis and
treatment; to reduce the mortality rate among children, especially newborns;
and to get rid of ill customs and practices detrimental to children’s health.
5. The State shall pay, or support the
payment of, health insurance premiums for children as prescribed by the law on
health insurance according to their age groups, categories and suitable to
socio-economic development conditions in each period.
6. The State shall adopt policies and
measures for children to have access to hygienic water and basic sanitation
conditions, and food safety as prescribed by law.
7. The State shall encourage agencies,
organizations, families and individuals to support and invest resources for
child protection and healthcare, giving priority to disadvantaged children.
Article 44. Assurance of education for children
1. The State shall adopt supporting
policies to ensure that all children can go to school, minimizing the drop-out
rates; adopt policies to support disadvantaged children, children of poor or
near-poor households, ethnic minority children, children living in border and
mountainous communes, on islands or in communes with extremely difficult
socio-economic conditions to have access to general education, integration
education, vocational training and placement into jobs suitable to their age
groups and in accordance with the labor law.
2. The State shall prioritize investment
in education and ensure equality in opportunities to access education for all
children; integration education for children with disabilities; and adopt
policies on school fee exemption and reduction for each group of children
suitable to socio-economic development conditions in each period.
3. Education programs and contents must be
suitable to each age group and each group of children, ensuring quality,
meeting the requirements of all-sided development and integration requirements;
must attach importance to education in historical traditions and national
culture, development of the personality, life skills, talent and aptitude of
children; and to gender and reproductive health education for children.
4. The State shall provide a safe, healthy
and friendly education environment, prevent and control school violence.
5. The State shall adopt appropriate
policies for universalization of preschool education among five-year children
and supporting policies for children of eligible age to have preschool
education, suitable to socio-economic development conditions in each period;
and encourage and attract other investment sources for education and training
development.
Article 45. Assurance of conditions for children’s
play, recreational, cultural, artistic, sports and tourist activities
1. The State shall adopt policies to
support activities of creating cultural and art works; develop the system of
grassroots cultural and sports institutions for children; adopt policies of
prioritizing children when they use play, recreation, sports and tourist
services and visit relics and scenic places.
2. The People’s Committees at all levels
shall formulate master plans and plans on land use and allocation and
investment for the construction of centers for children’s play, recreational,
cultural, artistic and sports activities; ensure conditions, time and
appropriate hours for children to participate in activities at grassroots
cultural and sports institutions.
3. The State shall create conditions for
children to preserve and bring into play the fine national traits and culture
and to use the languages of their own ethnicities.
4.
The State shall encourage organizations, families and individuals to
support and invest in the construction of facilities for children’s play and
recreation activities; encourage the creation and production of children’s toys
and games that are safe and healthy and bear the national cultural traits.
Article 46. Assurance of information and
communications for children
1. The State shall ensure that children
can have access to information, express their opinions and aspirations, and
seek, learn and exchange knowledge via appropriate information and
communication channels.
2. Information and publishing agencies
shall reserve appropriate proportions of radio and television contents,
broadcasting time and amounts of time and publications for children. For
information, toys, games, radio and television programs, art programs and
movies with contents unsuitable to children, the age of children who may not
view or use them shall be announced or displayed.
3. The State shall encourage the
development of information and communications suitable to the all-sided
development of children; and the production and publication of contents and
information with amounts of time suitable to ethnic minority children.
Chapter IV
CHILD PROTECTION
Section 1
CHILD PROTECTION LEVELS AND IMPLEMENTATION
RESPONSIBILITY
Article 47. Child protection requirements
1. Child protection shall be effected at
three levels below:
a/ Prevention;
b/ Assistance;
c/ Intervention.
2. Child protection must be systematic
and continuous. All levels and sectors
shall be closely and effectively coordinate with one another in the formulation
and implementation of policies and laws on child protection and the provision
of child protection services.
3. Agencies, organizations, educational
institutions, families and individuals shall protect children. Child protection
must comply with provisions of law, processes and standards promulgated by
competent state agencies.
4. Protection of a child at his/her family
or alternative care family shall be prioritized. Sending a child to a social
relief establishment is only a temporary measure when his/her care at his/her
family or alternative care family cannot be implemented or it is for his/her
best interests.
5. Parents, caregivers and children shall
be provided with information and entitled to contribute their opinions to
competent agencies and persons in deciding on intervention or assistance to
protect children.
6. Importance shall be attached to the
preclusion and prevention of risks of injury to children; timely intervention
and settlement shall be carried out in order to minimize consequences; and
active assistance shall be rendered for rehabilitation and community
re-integration for disadvantaged children.
Article 48. Prevention level
1. The prevention level consists of
protective measures applicable to communities, families and all children, which
aim to raise the awareness and provide knowledge about child protection, to
build a safe and healthy living environment for children, minimizing the risk
of abuse or falling into a disadvantaged circumstance.
2. Child protection measures at the
prevention level include:
a/ Disseminating to communities, families
and children knowledge about the dangers and consequences of factors and acts
of harming or abusing children; the responsibility to detect and notify cases
of children being abused or at risk of violence, exploitation or abandonment;
b/ Providing information and furnishing
knowledge for parents, teachers, caregivers and persons working in child
protection service establishments on the responsibility to protect children and
skills to prevent and detect factors and acts of harming or abusing children;
c/ Furnishing parental knowledge and
skills to ensure children’s safety;
d/ Educating in and giving advice on
self-protection knowledge and skills for children;
dd/ Building a safe and suitable living
environment for children.
Article 49. Assistance level
1. The assistance level consisting of
protective measures applicable to children at risk of violence, exploitation,
abandonment or to disadvantaged children in order to promptly detect, minimize
or get rid of the risks of harm to children.
2. Child protection measures at the
assistance level include:
a/ Warning the risks of child abuse;
counseling on knowledge, skills and intervention measures to eliminate or
minimize the risks of child abuse for parents, teachers, caregivers, persons
working in child protection service establishments and children with a view to
creating a safe living environment for children at risk of abuse;
b/ Receiving information, assessing the
level of danger, applying necessary measures to assist children at risk of
violence, exploitation or abandonment so as to eliminate or minimize the risks
of violence, exploitation or abandonment for children;
c/ Assisting disadvantaged children in
accordance with this Law;
d/ Assisting disadvantaged children and
their families in having access to social relief policies and other supporting
sources in order to improve the children’s living conditions.
Article 50. Intervention level
1. The intervention level consists of
protective measures applicable to abused children and their families, aiming to
stop acts of abuse; and to support rehabilitation and community reintegration
for disadvantaged children.
2. Child protection measures at the
intervention level include:
a/ Medical care, psychological therapy and
physical and mental rehabilitation for abused children or disadvantaged
children who need intervention;
b/ Arranging safe accommodations,
separating children from the environment and those who threaten to commit or
are committing acts of violence against or exploitation of children;
c/ Arranging provisional or long-term
alternative care for children prescribed in Clause 2, Article 62 of this Law;
d/ Organizing family reunion and school
and community integration for children suffering violence, exploited or
abandoned children;
dd/ Providing parents, caregivers and
family members of disadvantaged children with advice and knowledge about the
responsibility for and skills of protection, care and integration education for
children of this group;
e/ Providing advice, legal knowledge and
legal aid for parents and caregivers of disadvantaged children and for these
children;
g/ The measures to assist abused children
and their families prescribed in Clause 1, Article 43; Clause 1, Article 44,
and at Point d, Clause 2, Article 49, of this Law;
h/ Monitoring and assessing the safety of
abused children or children at risk of abuse.
Article 51. Responsibility to supply and process
information and reports on denunciations of acts of child abuse
1. Agencies, organizations, educational
institutions, families and individuals shall inform, report or denounce acts of
child abuse and cases of children being abused or at risk of violence,
exploitation or abandonment to competent agencies.
2. The Labor, War Invalids and Social
Affairs and Public Security agencies at all levels and commune-level People’s
Committees shall receive and process information, reports and denunciations;
and coordinate in the verification, assessment and investigation of acts of
abuse and the state of unsafety or harm and the level of risk of harm to
children.
3. The Government shall establish a
standing national telephone exchange to receive and process information,
reports and denunciations on risks and acts of child abuse; and establish the
process of receiving and processing information, reports and denunciations on
acts of child abuse.
Article 52. Assistance or intervention plans
1. An assistance or intervention plan
shall be made for the application of one or many measures at the assistance or
intervention level prescribed in Articles 49 and 50 of this Law to every child
being abused or at risk of violence, exploitation or abandonment or in a disadvantaged
circumstance.
2. Commune-level People’s Committees in
localities where children reside shall assume the prime responsibility for, and
coordinate with agencies, organizations and individuals in charge of child
protection in, making, approving and implementing assistance or intervention
plans; arrange resources, and assign individuals and organizations to
implement, coordinate in the implementation of, and inspect the implementation
of, the plans.
3. For children who are abused or at risk
of violence, exploitation or abandonment by their parents or caregivers and
children who are abused but their parents or caregivers decline to implement
assistance or intervention plans, commune-level People’s Committee chairpersons
or district-level Labor, War Invalids and Social Affairs agencies shall propose
a competent court to issue a decision to restrict the rights of the parents or
caregivers or temporarily separate the children from their parents or caregivers
and apply the alternative care measure.
4. The Government shall detail this
Article.
Article 53. Responsibilities of a commune-level child
protection officer
1. To assess risks and identify the needs
of children to be protected.
2. To participate in the process of making
and implementing assistance or intervention plans for disadvantaged children,
abused children or children at risk of violence, exploitation or abandonment.
3. To provide counseling, information and
guidance for children and their parents,
or caregivers to access child protection, social, medical, educational
and legal assistance services and other sources of assistance.
4. To provide child protection knowledge
and skills for children and their parents, caregivers, family members and
communities.
5. To propose the alternative care measure
and monitor the implementation thereof.
6. To support juvenile delinquents,
juvenile victims and juvenile witnesses in the course of legal proceedings,
handling of administrative violations, rehabilitation and community
reintegration as prescribed in Article 72 of this Law.
Article 54. Responsibility to protect children in the
Internet environment
1. Related agencies and organizations
shall persuade, educate and protect children when they participate in the
Internet environment in all forms; parents, teachers and caregivers shall
provide knowledge and skills for children to protect themselves when
participating in the Internet environment.
2. Agencies, organizations and individuals
that manage and provide information and communications products and services
and organize activities in the Internet environment shall apply measures to
ensure safety and privacy for children as prescribed by law.
3. The Government shall detail this
Article.
Section 2
CHILD PROTECTION SERVICE ESTABLISHMENTS
Article 55. Types of child protection service
establishments
1. A child protection service
establishment is an establishment set up by an agency, organization or
individual in accordance with law, having the functions and tasks of
implementing or coordinating in or supporting, the implementation of, one or
several child protection measures according to the prevention, assistance and
intervention levels as prescribed in Articles 48, 49 and 50 of this Law.
2. A child protection service
establishment shall be organized as a public establishment or a non-public
establishment.
3. Child protection service establishments
include:
a/ Establishments that provide child
protection services as their sole function and task;
b/ Establishments that provide child
protection services as part of their functions and tasks.
Article 56. Conditions on setting up and operation
registration of a child protection service establishment
A child protection service establishment
may be set up and registered for operation when the following conditions are
fully met:
1. Having its guiding principles and
purposes of operation for the best interests of children;
2. Having the contents of operation aiming
to implement one or several child protection measures defined in Articles 48,
49 and 50 of this Law;
3. Having its representative being a
Vietnamese citizen who has full civil act capacity, good moral quality,
knowledge about children and child protection, is neither examined for penal liability nor
handled for administrative violations related to child abuse;
4. Having physical foundations, equipment
and facilities, financial sources and staff that meet its operation objectives,
requirements and scope according to regulations of competent state agencies.
Article 57. Competence to set up and register the
operation of, a child protection service establishment
1. Ministries, ministerial-level agencies
and government-attached agencies may, within the ambit of their tasks and
powers, set up public child protection service establishments under their
respective management and grant operation registration for other child
protection service establishments that operate in many provinces; shall assume
the prime responsibility for, and coordinate with the Ministry of Labor, War
Invalids and Social Affairs in, promulgating or submitting to competent
agencies for promulgation, and guiding the implementation of, master plans and
plans on development of child protection service establishments; develop
processes and standards for the provision of child protection services in the
fields under their respective management, and examine, inspect and handle
violations in accordance with law.
2. Provincial-level People’s Committees
may set up public child protection service establishments and grant operation
registration for other child protection service establishments to operate
within their respective provinces; assume the prime responsibility for, and
coordinate with related agencies in, making and directing the implementation
of, general plans on different types of child protection service establishments
in their respective localities in conformity with practical demands.
3. District-level People’s Committees may
set up public child protection service establishments and grant operation
registration for other child protection service establishments operating within
their respective districts.
Article 58. Operation of a child protection service
establishment
1. A child protection service
establishment shall operate in accordance with the registered contents and must
meet the following requirements:
a/ The requirements prescribed in Article
47 of this Law;
b/ Complying with the child protection
service provision process and standards promulgated by competent state
agencies;
c/ Conducting the receipt and handover of
children, providing child protection services and transferring the results
thereof among child protection service establishments for the sake of safety
and best interests of children.
d/ Submitting to the professional
guidance, inspection and examination of competent state agencies;
dd/ Keeping confidential information
relating to abused children, except for cases where the provision of
information is requested by competent agencies or persons.
2. A child protection service
establishment may receive financial and material assistance from domestic and
foreign agencies and individuals in accordance with law for the implementation
of child protection measures.
Article 59. Suspension and termination of operation of
a child protection service establishment
1. A child protection service
establishment that commits one of the following violations will have its
operation wholly or partially suspended or terminated, depending on the nature
and severity of its violation:
a/ Failing to meet the conditions defined
in Article 56 of this Law or prescribed by the law governing the field in which
it operates;
b/ Seriously violating children’s rights;
c/ Using its operation funds or physical
foundations for improper purposes.
2. A child protection service
establishment will have its operation wholly or partially terminated if after
the expiry of the suspension duration it still fails to address the cause and
consequences of its violation resulting in its operation suspension.
3. A state agency competent to set up and
grant operation registration for a child protection service establishment has
competence to suspend or terminate the operation of such child protection
service establishment.
Section 3
ALTERNATIVE CARE
Article 60. Requirements on the implementation of
alternative care
1. To be based on the needs,
circumstances, gender, ethnicity, religion and language of a child and ensure
his/her rights.
2. To ensure the safety for a child,
ensure the stability, continuity and connection between a child and his/her
caregivers.
3. To take into account the opinions,
aspirations, feelings and attitudes of a child according to his/her age and
maturity; if a child has reached 7 years or older, his/her opinion shall be
collected.
4. To make priority that a child receives
alternative care by his/her relative. If a child has a sibling, they shall be
given priority to live together with.
5. To maintain contacts and reunions
between a child and his/her parents and other members of his/her family when
conditions permit, except where such contacts and reunions fail to ensure
safety or serve the best interests of the child.
Article 61. Forms of alternative care
1. Alternative care by a relative.
2. Alternative care by an individual or a
family other than relatives.
3. Alternative care in the form of
adoption.
The child adoption must comply with the
law on adoption.
4. Alternative care at a social relief
establishment.
Article 62. Cases where a child needs alternative care
1. An orphan, an abandoned child, and a
child who has no one to rely on.
2. A child who cannot live together with
his/her parents for the sake of his/her safety; his/her parents are unable to
protect and nurture their child or themselves abuse the child.
3. A child who is affected by a natural
disaster, a catastrophe or armed conflicts, who needs to be protected with
priority.
4. A refugee child whose parents are
unidentified.
Article 63. Conditions on alternative care
1. The decision on assignment of a child
for alternative care must satisfy the requirements defined in Article 60 of
this Law and meet the following conditions:
a/ With the written consent of his/her
guardian, for cases defined in Clause 1, Article 62 of this Law;
b/ The giving and receipt for alternative
care of a child whose both parents or only parent are or is still alive but
unable to protect and nurture him/her shall be consented in writing by his/her
both parents or only parent, except where a child is eligible for the
application of intervention measures as prescribed at Points b and c, Clause 2,
Article 50, and in Clause 3, Article 52, of this Law, or when his/her parents
have their rights restricted in accordance with the Law on Marriage and Family.
2. An individual or a family that takes
alternative care must satisfy the following conditions:
a/
An individual or a family’s representative resides in Vietnam; has a
good health and full civil act capacity; good moral quality; is neither
restricted in a number of parental rights for minor children, nor examined for
penal liability, nor handled for administrative violations for acts of child
abuse, nor sentenced for a crime of intentionally infringing upon the life,
health, dignity or honor of another person, ill-treating his/her grandparents,
parents, spouse, children, grandchildren or nurturers, enticing or coercing
children to commit a violation of law or harboring juvenile delinquents, or
buying, selling or fraudulently exchanging children;
b/ Having a place of residence and
appropriate economic conditions to ensure the care for, nurture and education
of a child;
c/ Voluntarily receiving a child for
alternative care; obtaining the consensus among family members on the
alternative care of a child; family members are neither examined for penal
liability nor handled for administrative violations for acts of child abuse;
d/ A relative who receives a child for
alternative care must be an adult; for other cases, the caregivers must be 20
years or more older than the child.
3. The State shall encourage agencies,
organizations, families and individuals to provide spiritual and material
assistance for alternative care for children.
Article 64. Responsibilities and rights of an
alternative caregiver
1. An alternative caregiver has the
following responsibilities:
a/ To ensure conditions for a child to
live safely and to realize the rights and duties of the child in conformity
with his/her conditions;
b/ To notify the commune-level People’s
Committees in his/her place of residence of the child’s physical and spiritual
strength and integration 6 months after taking the alternative care and
annually; and promptly report all arising urgent matters.
2. An alternative caregiver has the
following rights:
a/ To be given priority in borrowing
capital, vocational training and job placement in order to stabilize his/her
livelihood, to be given health care when having difficulty;
b/ To receiving financial support for
child care and nurture in accordance with law and to receive assistance from
agencies, organizations, families and individuals for performing the
alternative care.
Article 65. Registration for alternative care
1. An individual or a family that wishes
and is fully qualified to receive a child for alternative care under Clause 2,
Article 63 of this Law shall make registration with the commune-level People’s
Committee in his/her/its place of residence.
2. The commune-level People’s Committee
shall make a list of fully qualified individuals and families registering for
alternative care and send it to the district-level Labor, War Invalids and
Social Affairs agency.
3. The district-level Labor, War Invalids
and Social Affairs agency shall coordinate with the commune-level People’s
Committees in managing the lists and coordinating the selection of alternative
caregivers in its locality when there are children in need of alternative care.
4. A child’s relative, when taking
alternative care, does not have to register as prescribed in Clause 1 of this
Article but shall notify such alternative care to the commune- level People’s
Committee of his/her place of residence for issuing a decision to assign the
alternative care.
5. The Government shall detail the
registration order and procedures, the listing, and the coordination of the
selection of alternative caregivers.
Article 66. Competence to decide on alternative care
1. The commune-level People’s Committee
chairperson shall decide on assignment of a child to an alternative caregivers
on the basis of examination of the conditions prescribed in Clauses 1 and 2,
Article 63 of this Law.
In case a child received for alternative
care does not have a natural guardian in accordance with law and the
alternative caregivers agrees, the commune-level People’s Committee chairperson
shall decide to appoint the alternative caregivers to simultaneously act as the
guardian for the child.
2. The district-level People’s Committee
chairperson shall decide on the assignment of a child to a social relief
establishment under the district’s management for alternative care.
3. The director of a provincial-level
Department of Labor, War Invalids and Social Affairs shall decide on the
assignment of a child to a social relief establishment under the province’s
management for alternative care.
4. The district-level People’s Court shall
decide on alternative care for a child defined in Clause 2, Article 62 of this
Law at the proposal of an agency, organization or individual in charge of child
protection as prescribed by law.
Article 67. Sending a child to a social relief
establishment
1. The chairperson of a district-level
People’s Committee of the place where a child resides or where a child is
abused shall compile a dossier of proposal for the sending of a child to a
social relief establishment in the following cases:
a/ During the course of carrying out
alternative care procedures for a child;
b/ It is unable to select an individual or
a family qualified for alternative care;
c/ The measure prescribed at Point b,
Clause 2, Article 50 of this Law is applied.
2. A social relief establishment shall
regularly consider cases of children being under alternative care at the
establishment in order to propose the change of the form of alternative care.
3. The Government shall detail the order
and procedures for receipt and change of the form of alternative care.
Article 68. Monitoring and evaluation of children
under alternative care
1. The provincial- and district- level
Labor, War Invalid and Social Affairs agencies have the following
responsibilities:
a/ To provide counseling and guidance on
the implementation of policies and measures in support of alternative
caregivers and children under alternative care;
b/ To biannually scrutinize lists of
children at social relief establishments; to receive proposals from social
relief establishments for consideration and decision or proposal to competent
agencies or organizations to change forms of alternative care for children as
appropriate;
c/ To inspect and examine the alternative
care at families and social relief establishments; to handle according to their
competence cases of child abuse or violation of child care standards.
2. Commune-level People’s Committees shall
biannually evaluate the conformity of every case of family-based alternative
care in the areas under their respective management and report it to
district-level Labor, War Invalids and Social Affairs agencies for application
of appropriate assistance and intervention measures.
Article 69. Termination of alternative care
1. Alternative care shall be terminated in
the following cases:
a/ The individual or family performing the
alternative care is no longer qualified for caring a child as prescribed in
Clause 2, Article 63 of this Law;
b/ The individual or family performing the
alternative care violates the provisions of Article 6 of this Law, thus causing
harms to the child under alternative care;
c/ The individual or family performing the
alternative care proposes the termination of the alternative care;
d/ The child being under alternative care
commits an intentional act of seriously infringing upon the life, health,
dignity and honor of the alternative care-taking individual or a member of the
family performing the alternative care.
dd/ The child reunites with his/her family
and his/her family can ensure safety for the child and have adequate conditions
for the exercise of children’s rights.
2. In case an individual or a member of a
family performing the alternative care
abuses a child, such child shall be immediately moved from such
individual or family and child protection measures shall be applied as
prescribed in Article 50 of this Law.
3. In case a child wishes to terminate the
alternative care, competent agencies and persons and the alternative care giver
shall consider his/her wish in order to decide on the termination of the
alternative care for the best interests of the child.
4. The person who decides on the
alternative care is competent to terminate the alternative care.
Section 4
MEASURES FOR PROTECTION OF CHILDREN IN THE
COURSE OF LEGAL PROCEEDINGS, HANDLING OF ADMINISTRATIVE VIOLATIONS,
REHABILITATION AND COMMUNITY RE-INTEGRATION
Article 70. Requirements on protection of children in
the course of legal proceedings, handling of administrative violations,
rehabilitation and community re-integration
1. To ensure that a child is fairly and
equally treated and respected according to his/her age and maturity.
2. To prioritize the quick settlement of a
case or matter involving a child in order to minimize physical and mental harms
to the child,
3.
To ensure the assistance of the parents, the guardian or other lawful
representatives for a child throughout the course of legal proceedings or
handling of administrative violations in order to protect the lawful rights and
interests of the child.
4. Persons conducting legal proceedings or
persons competent to handle administrative violations, lawyers and legal aid
officers must have necessary knowledge about psychology and educational
sciences concerning children; and shall use friendly and easy-to-understand
languages with children.
5. To ensure the right to defense and
legal aid for children.
6. To proactively prevent and stop
children’s law offenses and recidivism through timely assistance and
intervention to settle the causes and conditions for law offenses; to assist
children in rehabilitation and community reintegration.
7. To ensure timely supply of prevention,
assistance and intervention measures, which are safe, continuous, adequate,
flexible and suitable to the needs, circumstances, age, psychological and
physiological characteristics of children, on the basis of taking into account
and respecting the opinions, aspirations, emotions and attitudes of children.
8. To ensure the close and timely
connections between agencies, organizations, child protection service
establishments, families and educational institutions and procedural agencies
or administrative violation-handling agencies.
9. To prioritize the application of
prevention, assistance and intervention measures or the measure of education at
a commune, ward or township, and measures that replace the administrative
handling against juvenile delinquents. Coercive and liberty-restricting
measures may be applied only after other preventive and educative measures
prove unsuitable.
10. To keep secret the privacy of
children; to apply necessary measures in order to limit children’s public
appearance in the course of legal proceedings.
Article 71. Measures to protect juvenile delinquents,
juvenile victims and juvenile witnesses
1. A juvenile delinquent who has been
subjected to education at a commune, ward or township or an administrative
handling-replacing measure as prescribed by the Law on Handling of
Administrative Violations; to reprimand or conciliation at community, or education
at a commune, ward or township after enjoying exemption from penal liability;
to non-custody reform; or to a suspended sentence under the Penal Code; a child
who has completely executed the measure of sending to a reformatory or has
served a term imprisonment, shall be applied the following protective measures
for addressing the causes and conditions of law offense, and for rehabilitation
and prevention of recidivism:
a/ The child protection measures at the
assistance level prescribed at Points c and d, Clause 2, Article 49 of this
Law;
b/ Protective measures at the intervention
level prescribed at Points a and e, Clause 2, Article 50 of this Law;
c/ Seeking for family reunion, for a child
who has no stable place of residence;
d/ The measure of alternative care
prescribed by this Law in case a child has lost his/her parents or his/her
parents cannot be identified; is unable to live together with his/her parents;
it is impossible to identify his/her place of residence for execution of a
decision of a competent state on his/her education at a commune, ward or
township or on the application of a measure that replaces the administrative
handling;
dd/ Assisting his/her family in
supervising, managing and educating the child;
e/ Other protective measures prescribed in
Articles 48, 49 and 50 of this Law when deeming it appropriate.
2. A juvenile victim or witness suffering
from physical and spiritual harms shall be applied protective measures at the
assistance level prescribed at Points c and d of Clause 2, Article 49, and
protective measures at the intervention level prescribed in Article 50 of this
Law.
3. A juvenile witness shall have his/her
life, health, dignity, honor and privacy protected; the forced escort of and
placement of psychological pressure on the child shall be minimized.
Article 72. Responsibility of commune-level child
protection officers in the process of legal proceedings, handling of
administrative violations, rehabilitation and community reintegration for
children
1. To provide counseling, information and
guidance for children and their parents as well as caregivers to access the
services of child protection, legal aid and social assistance, health care,
education and other sources of assistance.
2. To seek and supply information on
children’s personal and family circumstances for persons competent to conduct
legal proceedings and persons competent to handle administrative violations in
order to apply handling and educative measures and to issue other appropriate
decisions.
3. To participate in the legal proceedings
and the handling of administrative violations which are related to children in
accordance with law or at the request of persons competent to conduct the legal
proceedings or persons competent to handle administrative violations; to
participate in meetings of the advisory councils for application of the
administrative violation handling measure of education at a commune, ward or
township and in the course of review at the court for application of the
measure of sending a child to a reformatory.
4. To monitor and support the execution of
the measure of education at a commune, ward or township and the measure that
replaces the administrative handling, and community reintegration for juvenile
delinquents; to propose the application of appropriate protective measures for
juvenile delinquents as prescribed in Clause 1, Article 71 of this Law.
5. To participate in making children
supporting and intervention plans and monitor the implementation thereof; to
connect services and support the rehabilitation and community reintegration for
children.
Article 73. Rehabilitation and community
reintegration for juvenile delinquents
1. Detention camps and reformatories shall
coordinate with commune-level People’s Committees in the localities where
children reside in applying the
following measures in order to prepare for and promote the community
reintegration for juvenile delinquents:
a/ Maintaining the relations between
children and their families;
b/ Organizing general education,
vocational training and life skills classes for children;
c/ Considering and assessing the
observance by children of learning and training regulations at detention camps
or reformatories in order to propose competent agencies to reduce the
imprisonment terms or terminate the measure of education at a reformatory as
prescribed by law.
2. At least two months before a child
completely serves his/her imprisonment, or one month before a child completely
serves the measure of education at a
reformatory, the detention camp or reformatory where the child is
serving his/her imprisonment or the measure of education at a reformatory shall
notify and supply relevant information for the commune- level People’s
Committee of the place where the child will return to reside, in order to
prepare for reception and community reintegration for the child.
3. The chairperson of the commune-level
People’s Committee of the place where a child resides shall direct the making
and implementation of intervention and assistance plans and the application of
protective measures for juvenile delinquents in the cases prescribed in Clause
1, Article 71 of this Law.
4. The Labor, War Invalids and Social
Affairs, Justice and Public Security agencies, Ho Chi Minh Communist Youth
Union organizations and Vietnam Women’s Union organizations at the district
level shall coordinate with related agencies and organizations in guiding and
assisting the commune-level People’s Committees in the implementation of
assistance and intervention plans and the application of other proper
protective measures for children.
Chapter V
CHILDREN’S PARTICIPATION IN MATTERS ON
CHILDREN
Article 74. Scope and form of children’s
participation in matters on children
1. The following matters on children or
related to children must involve the participation of children or organizations
representing their voices and aspirations, depending on the age groups of
children:
a/ The formulation and implementation of
programs, policies, legal documents, master plans and plans on socio-economic
development;
b/ The formulation and implementation of
decisions, programs, activities of socio- political organizations, social
organizations and socio-professional organizations;
c/ Decisions and activities of schools,
other educational institutions, and child protection service establishments;
d/ The application of measures and ways of
childcare, nurture, education and protection at families.
2. Children may participate in matters on
children in the following forms:
a/ Forums, conferences, seminars, talks,
competitions, events;
b/ Via organizations which represent
children’s voices and aspirations; activities of the Ho Chi Minh Young Pioneer
Organization, Ho Chi Minh Communist Youth Union; social organizations and
socio-professional organizations operating for the interests of children;
c/ Activities of clubs, teams and groups
of children, which are set up in accordance with law;
d/ Consultations and polls on children’s
opinions;
dd/ Expressing opinions and aspirations
directly or through the mass media, social media and other forms of
communication.
Article 75. Assurance of children’s participation in
families
Parents and other members of a family have
the following responsibilities:
1. To respect, listen to, consider,
respond to, and give explanations to the opinions and aspirations of a child
suitable to his/her age, maturity and the family’s conditions and
circumstances.
2. To create conditions for, and guide a
child to access safe information sources suitable to his/her age, gender and
all-sided development.
3. To create conditions for a child to
express his/her opinions and aspirations on the family’s decisions and issues
related to the child.
4. Not to prevent a child from
participating in appropriate social activities, except where it is for the best
interests of the child.
Article 76. Assurance of children’s participation in
schools and other educational institutions
A school or another educational
institution has the following responsibilities:
1. To organize and create conditions for children to participate
in activities of the Ho Chi Minh Young Pioneers’ Brigade, Ho Chi Minh Communist
Youth Union, clubs, teams and groups of children in the school or educational
institution; in extra-curricular activities and social activities;
2. To supply information on education
policies, laws and regulations which are
related to students; to make public information on learning and training plans,
nurturing regimes and contributions according to regulations;
3. To create conditions for children to
make proposals, express opinions and aspirations on teaching and learning
quality; on the rights and legitimate interests of children in the educational
environment and matters of their concern;
4. To receive opinions, proposals and
aspirations of children, settle them according to assigned responsibilities or
forward them to competent agencies and organizations for consideration and
settlement and notify settlement results to children.
Article 77. Organization representing the voice and
aspirations of children
1. The Ho Chi Minh Communist Youth Union
Central Committee is the organization representing the voice and aspirations of
children and supervising the exercise of the rights of children according to
their opinions and aspirations.
2. The organization that represent
children’s voice and aspirations has the following tasks:
a/ To organize the collection of
children’s opinions and proposals; to organize
children’s contacts with National Assembly deputies and People’s Council
deputies;
b/ To regularly listen to, receive and
summarize opinions and proposals of children;
c/ To send children’s opinions and
proposals to competent agencies for settlement;
d/ To monitor the settlement of their
opinions and proposals and notify children the settlement results;
dd/ To assume the prime responsibility
for, and coordinate with related agencies and organizations in, supervising the
exercise of children’s rights according to their opinions and aspirations;
e/ To annually report to the National
Assembly Committee for Culture, Education, Youths, Adolescents and Children and
the Ministry of Labor, War Invalids and Social Affairs on the performance of
responsibilities of related agencies and organizations in considering and
settling the opinions and proposals of children.
Article 78. Assurance of children’s participation in
matters on children
1. Agencies, organizations, educational
establishments, families and individuals shall allow children to participate in
matters on children as prescribed in Article 74 of this Law and ensure the
following requirements:
a/ To create a safe, friendly and equal
environment for children’s participation;
b/ To supply adequate information on
matters related to children and matters of their concern with suitable
contents, forms and measures;
c/ To encourage children’s participation;
not to retaliate or discriminate children when they express their opinions and
aspirations;
d/ To ensure that children’s participation
is voluntary, proactive, and suitable to their age, gender and development;
dd/ Opinions and aspirations of children
as well as opinions of the organization representing children’s voices and
aspirations shall be listened to, received, considered, settled and responded
to in an adequate, timely, objective and honest manner.
2. Annually, the People’s Councils at all
levels shall assume the prime responsibility for, and coordinate with related
agencies and organizations in, organizing meetings and dialogues to listen to
the opinions and aspirations of children on matters of their concern.
3. The Government shall detail the
responsibilities of agencies, organizations, educational institutions, families
and individuals to ensure children’s participation in matters related to them.
Chapter VI
RESPONSIBILITIES OF AGENCIES,
ORGANIZATIONS, EDUCATIONAL INSTITUTIONS, FAMILIES AND INDIVIDUALS IN THE
MATERIALIZATION OF CHILDREN’S RIGHTS AND DUTIES
Section 1
RESPONSIBILITIES OF AGENCIES AND
ORGANIZATIONS
Article 79. The National Assembly and People’s
Councils at all levels
1. The National Assembly and People’s
Councils of provincial and district levels shall decide on socio-economic
development objectives, targets, policies, programs and plans according to
their competence to ensure the exercise of children’s rights; supervise the
exercise of children’s rights as prescribed by law; and allocate annual budgets
for the exercise of children’s rights.
2. The Ethnic Council and Committees of
the National Assembly shall coordinate with the National Assembly’s Committee
for Culture, Education, Youths, Adolescents
and Children in considering and assessing issues related to children in
draft laws, ordinances and resolutions of the National Assembly and the
National Assembly Standing Committee and the incorporation of objectives and
targets on the exercise of children’s rights into national socio-economic
development master plans and plans during the verification thereof; and oversee
the implementation of policies and laws concerning children and the exercise of
children’s rights.
3. The People’s Councils at all levels
shall pass resolutions for implementation and supervision of the implementation
of children-related policies and laws in their localities according to their
assigned tasks and powers.
4. National Assembly deputies and People’s
Council deputies at all levels shall regularly and periodically meet with
children or their representatives; receive and forward children-related
proposals to related agencies and organizations, and monitor and supervise
their settlement thereof.
Article 80. The Government
1. To perform the unified state management
of children; to promulgate according to its competence, and organize the
implementation of, policies, laws and programs on children; to ensure
mechanisms and measures for coordination among ministries, ministerial-level
agencies, government-attached agencies and localities in the exercise of
children’s rights and settlement of issues related to children.
2. To identify and materialize the
children-related objectives and targets in long-term, medium-term and annual
socio-economic development plans of the country, sectors and localities
according to regulations.
3. To direct ministries, ministerial-level
agencies and government-attached agencies to assume the prime responsibility
for, and coordinate in, the inspection, examination and settlement of
proposals, complaints, denunciations and in the handling of violation of the
law on children according to their competence.
4. To ensure conditions for the
organization representing children’s voices and aspirations to perform the
tasks defined in Clause 2, Article 77 of this Law, and direct and assign
ministries, ministerial-level agencies, government-attached agencies and provincial-level
People’s Committees to coordinate with this organization during the performance
of its tasks.
5. To annually or extraordinarily report
to the National Assembly on the results of exercise of children’s rights and
performance of children-related tasks by ministries, ministerial-level
agencies, government-attached agencies and localities.
Article 81. The People’s Courts and People’s
Procuracies
1. The People’s Courts at different levels
shall apply the principles of guaranteeing the implementation of children’s
rights and duties and judicial requirements and measures applicable to children
to conduct trials of acts of violating children’s rights, juvenile delinquents
and to issue judicial decisions on children or related to children.
2. The Supreme People’s Court shall guide
the People’s Courts at different levels to conduct trials of and issue judicial
decisions on children or related to children for the best interests of
children.
3. The People’s Procuracies at different
levels shall apply the principles of guaranteeing the implementation of
children’s rights and duties and judicial requirements and measures applicable
to children to exercise the right to prosecution and supervision of judicial
activities for children or related to children.
4. The Supreme People’s Procuracy shall
guide the People’s Procuracies at different levels to exercise the right to
prosecution and supervision of judicial activities for children or related to
children for the best interests of children.
5. To provide training and retraining in
children’s rights and psychology and education related to children for judges,
people’s assessors and procurators who conduct legal proceedings for cases
related to children.
Article 82. The Ministry of Labor, War Invalids and
Social Affairs
1. To be responsible to the Government for
performance of the state management of children; to coordinate the exercise of
children’s rights; to ensure the exercise of children’s rights as assigned or
authorized by the Government.
2. To contribute written comments on
issues related to children and send them to the committees that draft laws,
ordinances or resolutions of the National Assembly or the National Assembly
Standing Committee and other legal documents; to propose the incorporation of
children-related objectives and targets when formulating national, sectoral or
local socio-economic development master plans and plans.
3. To assume the prime responsibility for,
and coordinate with ministries, ministerial-level agencies, government-attached
agencies, localities and the organization representing children’s voices and
aspirations so as to assist the Government in preparing annual or irregular
reports to the National Assembly on the results of exercise of children’s
rights and the performance of children- related tasks by ministries,
ministerial-level agencies, government-attached agencies and localities.
4. To assume the prime responsibility for,
and coordinate with ministries, ministerial-level agencies, government-attached
agencies and localities in preparing national reports on implementation of the
United Nation Convention on the Rights of the Child.
5. To assume the prime responsibility for,
and coordinate with ministries, ministerial-level agencies, government-attached
agencies and localities in, formulating, guiding and organizing the
implementation of, policies and laws on child protection and children’s
participation in matters on children.
6. To assume the prime responsibility for,
and coordinate with related agencies and organizations in, guiding and
organizing the prevention and control of children’s accidents and injuries and
the care for and nurture of disadvantaged children.
Article 83. The Ministry of Justice
1. To assume the prime responsibility for,
and coordinate with the Supreme People’s Court, the Supreme People’s Procuracy
and related ministries, ministerial-level agencies and government-attached
agencies in, ensuring the protection of children in the course of handling
administrative violations.
2. To assume the prime responsibility for
and guide the registration of births, settle matters on citizenship of children
and identification of parents for children.
3. To assume the prime responsibility for,
and coordinate with related ministries, ministerial-level agencies and
government-attached agencies in, performing the state management of child
adoption.
4. To manage and guide the provision of
legal aid for children and their parents and
caregivers as prescribed by law.
Article 84. The Ministry of Health
1. To ensure children’s access to quality
healthcare services and equality in medical examination and treatment
establishments as prescribed by law.
2. To guide the compilation of records for
health monitoring and regular medical examinations according to age groups; to
provide health care and health and nutrition counseling for pregnant women and
children; to provide counseling, screening, diagnosis, prenatal and postnatal
treatment; to give advice to and support children on reproductive healthcare
suitable to their age.
3. To assume the prime responsibility for,
and coordinate with related ministries, ministerial-level agencies and
government-attached agencies in, guiding the provision of healthcare for
children with disabilities, injured children and other categories of
disadvantaged children.
4. To coordinate with the Ministry of
Education and Training in guiding and organizing the implementation of school
healthcare activities, ensuring healthcare for children in educational
institutions; to coordinate with the Ministry of Labor, War Invalids and Social
Affairs in the prevention and control of accidents and injuries for children.
5. To assume the prime responsibility for,
and coordinate with the Ministry of Labor, War Invalids and Social Affairs in,
providing guidance for parents and caregivers on child care knowledge and
skills, nutrition, hygiene and disease prevention for pregnant women and
children, especially children under 36 months old.
Article 85. The Ministry of Education and Training
1. To ensure the materialization of
children’s rights and duties at schools and other educational institutions; to
develop educational programs and contents suitable to children of every age
group and ensure their quality up to the requirements for all-sided development
of children; to ensure children’s completion of general education programs and
create conditions for their study at higher levels.
2. To assume the prime responsibility for,
and coordinate with related ministries, ministerial-level agencies and
government-attached agencies in, establishing school standards, building a
safe, healthy and friendly educational environment; preventing and controlling
school violence, and submit them to the Government for detailing Clause 4,
Article 44 of this Law.
3. To organize the dissemination of and
education in knowledge on children’s rights and duties for students, teachers
and educational administrators, and life skills education for students.
4. To organize the implementation of
policies and laws and apply education support measures suitable to
disadvantaged children and ethnic minority children; to provide integration
education for children with disabilities.
5. To assume the prime responsibility for,
and coordinate with related ministries, ministerial-level agencies and
government-attached agencies in, guiding and organizing school healthcare
activities, ensuring healthcare for children in schools and other educational
institutions, for education and all-sided development of children in the
educational system; preventing and controlling accidents and injuries for
children in schools and other educational institutions.
6. To assume the prime responsibility for,
and coordinate with related ministries, ministerial-level agencies and
government-attached agencies in, formulating policies on education and
training, aptitude and talent fostering for children; to mobilize families and
the society to detect, assist and foster aptitudes or talented children.
7. To guide children’s participation in
schools or other educational institutions as prescribed in Article 76 of this
Law.
8. To assume the prime responsibility for,
and coordinate with related ministries, ministerial-level agencies and
government-attached agencies in, educating and guiding children to preserve and
promote the national cultural identity; to inform and guide parents and
caregivers on knowledge and skills for child care and education, especially for
children in kindergartens.
9. To manage and guide the use of
equipment and toys in schools and other educational institutions under its
management.
Article 86. The Ministry of Culture, Sports and
Tourism
1. To ensure children’s play, recreation,
cultural, artistic, physical and sports and tourist activities.
2. To assume the prime responsibility for,
and coordinate with the Ho Chi Minh Communist Youth Union Central Committee in,
guiding the development of cultural and sports institutions reserved
exclusively for children or open for children’s participation.
3. To assume the prime responsibility for,
and coordinate with related ministries, ministerial-level agencies,
government-attached agencies and the Ho Chi Minh Communist Youth Union Central
Committee in, managing and guiding the development of cultural and art
programs, items and products; literary and artistic creation; to coordinate in
organizing cultural, artistic, sports and tourist events for children and
related to children.
4. To assume the prime responsibility for,
and coordinate with the Ministry of Education and Training, the Ministry of
Information and Communications, and the Ministry of Labor, War Invalids and
Social Affairs in, guiding families to materialize children’s rights and
duties; educating children in the conservation, preservation and development of
the national cultural identity and family tradition values; creating conditions
for children to use the languages of their own ethnicities.
5. To assume the prime responsibility for,
and coordinate with the Ministry of Labor, War Invalids and Social Affairs in,
guiding the assurance of children’s participation in families as prescribed in
Article 75 of this Law.
Article 87. The Ministry of Information and
Communications
1. To ensure children’s access to
information on various information and communication channels; protection of
images and information on their privacy and personal secrets in mail and
telecommunications and other forms of personal information exchange and
storage.
2. To manage and guide the assistance for
children in seeking, receiving and imparting information and expressing
opinions and aspirations via information and communications channels in
accordance with law, suitable to their age, maturity, needs and capacity.
3. To manage and guide the regulations and
standards on the press, publication, telecommunications, Internet, radio,
television and other form of information provision and dissemination exclusive
for children, involving children or
related to children; to protect children in the environment of the
Internet, computer networks, telecommunication networks, electronic media and
other media of communication.
4. To assume the prime responsibility for,
and coordinate with related ministries, ministerial-level agencies,
government-attached agencies, the Ho Chi Minh Communist Youth Union Central
Committee and Vietnam Journalists Association in, developing the press,
information and publications exclusively for children and with children’s
participation; to apply the informing and communication measures to provide
families and society with knowledge and skills to ensure the materialization of
children’s rights and duties; to determine the proportions of content, time, and amounts of time of radio
and television broadcasting, and of publications for children as prescribed in
Clause 2, Article 46 of this Law.
Article 88. The Ministry of Public Security
1. To assume the prime responsibility for,
and coordinate with the Ministry of Labor, War Invalids and Social Affairs, the
Ho Chi Minh Communist Youth Union Central Committee, the Vietnam Women’s Union
Central Committee and law enforcement agencies in, guiding and organizing the
application of measures to prevent and stop acts of violence, exploitation,
sexual abuse and trafficking of children and crimes related to children.
2. To guide and organize the
implementation of the principles of guaranteeing the exercise of children’s
rights and child protection requirements and measures in the process of legal
proceedings and administrative-violation handling for juvenile delinquents,
juvenile victims and witnesses; to train and retrain in children’s rights, psychology and
educational science for policemen, reformatory staffs and investigators of
cases related to children.
3. To assume the prime responsibility for,
and coordinate with related ministries, ministerial-level agencies and
government-attached agencies in, preventing, stopping, managing and educating
juvenile delinquents.
Article 89. Ministries, ministerial-level agencies
and government-attached agencies
1. To perform the tasks and exercise the
powers related to children as prescribed by law.
2. To send annual or irregular reports on
the exercise of children’s rights under their respective tasks and powers to
the Ministry of Labor, War Invalids and Social Affairs for reporting to the
Government.
Article 90. The People’s Committees at different
levels
1. To perform the state management of
children according to their competence; to organize the implementation of
policies, laws, plans, target programs and targets on children; to promulgate
according to their competence policies and laws to ensure the exercise of
children’s rights in conformity with local characteristics and conditions.
2. To direct and organize the exercise of
children’s rights; to allocate and mobilize resources, ensuring the exercise of
children’s rights and child protection as prescribed by this Law; to organize
and manage activities of child protection service establishments according to
their competence; to appoint child protection officers in localities; to perform the tasks defined
in Clause 2, Article 45 of this Law.
3. To annually report to the People’s
Councils of the same level on the exercise of children’s rights and the
settlement of matters related to children in localities.
4. Commune-level People’s Committees shall
assign specific tasks related to the exercise of children’s rights and appoint
child protection officers among, commune-level civil servants or part-time
officers under their management.
Article 91. The Vietnam Fatherland Front and its
member organizations
1. To supervise, give criticisms and
advice and make proposals to state agencies in the formulation and
implementation of guidelines, policies and laws and the allocation of resources
to satisfy children’s rights as prescribed by law.
2. To persuade and mobilize their members
and the entire society to support and participate in the implementation of
policies, programs, plans and services to satisfy children’s rights, to prevent
violations of children’s rights.
3. To implement programs and plans and to
provide services satisfying the children’s rights under the authorization and
with assistance of the Government, ministries, ministerial- level agencies and
government-attached agencies; to submit to inspections and examinations as
prescribed by law.
4. In addition to complying with the
provisions of Clauses 1, 2 and 3 of this Article, the Ho Chi Minh Communist
Youth Union Central Committee has the following responsibilities:
a/ To assume the prime responsibility for,
and coordinate with related agencies and organizations in, performing the tasks
of an organization representing children’s voices and aspirations as prescribed
in Clause 2, Article 77 of this Law;
b/ To propose to the Government the
conditions for fulfillment of its tasks of representing children’s voices and
aspirations and supervise the exercise of children’s rights according to
children’s opinions and aspirations;
c/ To coordinate with the Ministry of
Labor, War Invalids and Social Affairs, related agencies and organizations and
provincial-level People’s Committees in guiding the assurance of children’s
participation in matters on children.
5. In addition to complying with the
provisions of Clauses 1, 2 and 3 of this Article, the Vietnam Women’s Union
Central Committee shall coordinate with the organization representing
children’s voices and aspirations in supervising the assurance of children’s
rights and interests.
Article 92. Social organizations
1. To mobilize their members to support
and participate in the formulation and implementation of policies, laws,
programs, plans and services satisfying children’s rights, and prevention of
violations of children’s rights.
2. To implement policies and laws to
satisfy children’s rights in accordance with their respective guiding
principles, purposes, tasks and powers prescribed by law; to receive and
collect information from their members and the society in order to report,
propose and advise agencies, organizations, educational institutions and
individuals on the implementation of policies and laws.
3. To organize the provision of services
satisfying children’s rights under the authorization and with the assistance of
the Government, administrations at different levels, and state management
agencies; to submit to inspection and examination during the course of
implementation as prescribed by law.
4. The Vietnam Society for Protection of
Children’s Rights shall, in addition to implementing the provisions of this
Article, organize the connection, collection of information and proposals of
social organizations as well as children and send them to state agencies for
comment and advice on the formulation and implementation of policies and laws
related to children’s rights; participate in the supervision of the exercise of
children’s rights; to present its opinions and petitions to related state agencies
concerning matters on children and violations of the law on children.
Article 93. Economic organizations
1. In the course of their production and
business, to strictly comply with the processes and standards in order to
ensure the supply of products and services which are safe and friendly to
children, are not harmful to children and do not violate children’s rights
under the regulations and guidance of competent agencies.
2. Employers shall create conditions for
employees to fulfill the responsibilities of parents or caregivers of children
as prescribed by law.
3. Employers shall create conditions for
children to learn jobs and to be employed in accordance with children’s
capacity and age and the economic organizations’ conditions and in accordance
with law.
4. To contribute and mobilize resources
for the exercise of children’s rights in conformity of their respective
capabilities, conditions and development level.
Article 94. Inter-sectoral coordination organizations
for children
1. The Prime Minister shall set up an
inter-sector coordination organization for children to assist the Government
and the Prime Minister in the study, direction, coordination, urging and
moderation among ministries, ministerial-level agencies, government-attached
agencies; in the coordination between the Government and National Assembly
agencies, the Supreme People’s Court, the Supreme People’s Procuracy, the
Vietnam Fatherland Front and its member organizations, social organizations and
socio-professional organizations; and in the coordination among localities in
settling matters on children and the exercise of children’s rights.
2. Based on practical requirements and
conditions of their localities, chairpersons of the People’s Committees at
different levels shall set up inter-sector coordination organizations for
children to assist the People’s Committees and People’s Committee chairpersons
of the same level in coordinating, urging and moderating the settlement of
matters on children and the exercise of children’s rights in localities.
Article 95. The Children Relief Fund
1. The Children Relief Fund shall be set
up for the purpose of mobilizing voluntary contributions from agencies,
organizations and individuals at home and abroad, and international aid and
state budget support in case of necessity, to achieve the children-related
targets prioritized by the State.
2. The mobilization for, the management
and use of, the Children Relief Fund must comply with the set purposes and the
provisions of law.
Section 2
RESPONSIBILITIES OF FAMILIES, INDIVIDUALS
AND EDUCATIONAL INSTITUTIONS
Article 96. Guaranty for children to live with
parents
1. Parents, care givers and family members
shall ensure conditions for children to live with their parents.
2. Parents, care givers and family members
shall observe the laws and decisions of competent agencies or persons on
restriction of parental rights; separation of children from parents to ensure
the safety and best interests of children.
Article 97. Birth registration for children
Parents and caregivers shall register
births for children within the time limit prescribed by law.
Article 98. Child care, nurture and education
1. Parents, caregivers and family members
shall take care of, nurture, manage and educate children; spare the best
conditions according to their capabilities for the continuous and all-sided
development of children, especially children under 36 months old; to regularly
contact responsible agencies, organizations and individuals for guidance and
assistance in the course of performing the responsibility to take care of,
nurture and educate children.
2. Parents and caregivers shall ensure the
nutritious regime suitable to the physical and spiritual development of
children according to their age groups.
3. Parents and caregivers shall implement
primary health care and disease prevention for children.
4. Pregnant women shall access health
services for counseling on screening and prevention of inborn diseases for
their children.
5. Parents, guardians, caregivers and
family members shall build up abundant, equal, progressive and happy families;
foster their child care, nurture and education knowledge and skills, create a
healthy environment for the all-sided development of children.
Article 99. Assurance of children’s rights to
learning, aptitude development, play, recreation, cultural, sports and tourist
activities
1. Parents, teachers, caregivers and
family members shall set examples in all aspects for children to follow; to
self-study for acquiring knowledge and skills for education of children in
morality, personality and children’s rights and duties; create a healthy
environment for children’s all-sided development.
2. Parents, teachers and caregivers shall
ensure that children can exercise their rights to study, complete the universal
education program in accordance with law, and create conditions for children to
continue their study at higher levels.
3. Parents, teachers and caregivers shall
detect, encourage, foster and develop children’s talent and aptitude.
4. Parents, teachers and caregivers shall
create conditions for children to participate in play, recreation, cultural,
sports and tourist activities suitable to their age.
Article 100. Protection of children’s lives, bodies,
dignity, honor and privacy
1. Parents, teachers, caregivers and
family members have the following responsibilities:
a/ To foster their knowledge and skills
for education of children in morality, personality, children’s rights and
duties; to create a safe environment, preventing accidents and injuries for
children; to prevent children from falling into special circumstances and being
at risk of abuse or being abused;
b/ To observe decisions, measures and
regulations of competent agencies or persons in order to ensure the safety and
to protect the lives, bodies, dignity, honor and privacy of children;
c/ To provide guaranty for children to
exercise their rights to privacy, except where it is necessary to protect
children and for the best interests of children.
2. Parents, teachers, caregivers and
medical examination and treatment practitioners shall detect, denounce and
notify acts of child abuse and children who are at risk of abuse or are being
abused in and outside their families to competent agencies or persons.
3. Parents and guardians of children shall
select defense counsels for or defend by themselves children in the course of
legal proceedings as prescribed by law.
Article 101. Assurance of children’s civil rights
1. Parents and guardians of children and
family members shall protect the lawful rights and interests of children;
represent children in civil transactions as prescribed by law; and take
responsibility in cases where children perform illegal civil transactions.
2. Parents and guardians of children shall
keep and manage children’s property and hand over the property to them in
accordance with law.
3. If a child causes damage to another
person, his/her parents or guardian shall pay compensations for the damage
caused by his/her acts as prescribed by law.
Article 102. Management and education of children to
enable them to exercise their rights and perform their duties
1. Parents, teachers, caregivers and
family members shall assume responsibility in the management, education and
assistance so that children understand and exercise their rights and perform
their duties prescribed in Chapter II of this Law.
2. Parents, teachers, caregivers and
family members shall closely coordinate in the management, education and
assistance so that children fully understand and perceive and exercise their
rights and perform their duties prescribed in Chapter II of this Law.
Chapter VII
IMPLEMENTATION PROVISIONS
Article 103. Effect
1. This Law takes effect on June 1, 2017.
2. Law No. 25/2004/QH11 on Child
Protection, Care and Education ceases to be effective on the effective date of
this Law.
Article 104. Transitional provisions
Child protection service establishments
already set up by competent state agencies or granted operation registrations
before this Law takes effect shall not be required to carry out establishment
or re-registration procedures.
Article 105. Handling of violations
Violators of the provisions of this Law
shall be disciplined, administratively sanctioned or examined for penal
liability in accordance with law, depending on the nature and severity of their
violations.
Article 106. Provision on detailing
The Government shall detail the articles
and clauses as assigned in this Law.
This Law was passed on April 5, 2016, by
the XIIIth National Assembly of the Socialist Republic of Vietnam at
its 11th session.-
Chairperson of the National Assembly
NGUYEN THI KIM NGAN
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