Luật trẻ em 2016 số 102/2016/QH13 mới nhất
NATIONAL
ASSEMBLY
——-
SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
———————–
Law No.:
102/2016/QH13
Hanoi, April 05,
2016
CHILDREN LAW
Pursuant to the Constitution of the Socialist
Republic of Vietnam;
The National Assembly promulgates the Children
Law.
Chapter I
GENERAL PROVISIONS
Article 1. Children
A child is a human being below the age of 16.
Article 2. Scope
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Article 3. Regulated entities
State agencies, political organizations,
socio-political organizations, political-social-professional organizations,
social organizations, socio-professional organizations, economic organizations,
non-business units, people’s armed force units, educational establishments,
families and Vietnamese citizens; international organizations and bodies, and
foreign organizations that operate in the territory of Vietnam, and foreigners
residing in Vietnam (hereinafter referred to as agencies, organizations,
educational establishments, families and individuals).
Article 4. Interpretation of
terms
In this Law, these terms are construed as follows:
1. Child protection refers
to the implementation of appropriate measures for ensuring safe and healthy
life for children, the prevention and response to child abuse and the support
for disadvantaged children.
2. Children’s
comprehensive development refers to the development in all terms of
physical, intellectual, mental and ethical aspects and social relations of
children.
3. Surrogate care refers
to the fact that an organization, family or individual undertakes to take care
of an orphan, a child who is not permitted to or cannot live with natural
parents or a child who is affected by natural disasters and calamities or aimed
conflict for the purpose of ensuring the safety and best interests of such
child.
4. Child
caregiver is the one who undertakes to take care of a child. Such caregiver
can be the child’s guardian or the one who performs the surrogate care or is
assigned to support, take care of or protect the child together with such
child’s parent.
5. Child abuse refers
to any act that results in harm to the body, emotion, psychology, honor or
human dignity of such child through violence against the child, child
exploitation, sexual abuse, neglect and abandonment, and other forms of causing
harm to the child.
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7. Child exploitation refers
to the act of forcing the child to work against the law on labor, perform or
produce pornographic products; organizing or supporting for tourist activities
for the purpose of child sexual abuse; offering, adopting or supplying the
child for prostitution and other acts of using the child for profiteering
purpose.
8. Child sexual
abuse refers to the act of using violence, threatening to use violence,
forcing, persuading or seducing a child to engage in sexual acts. The child
sexual abuse includes rape, aggravated rape, sexual intercourse or molestation
with children and use of children for prostitution or pornography in any form.
9. Child neglect and
abandonment refers to the child parent’s or the child caregiver’s failure
to perform or inadequate performance of their duties to take care of the child.
10. Disadvantaged
children refer to those who are unable to exercise their rights to life,
protection, nurture and education, and need a special assistance and
intervention of the Government, families and society so that they can live
safely and fall in line with their families and the community.
11. Supervision of the
exercise of the children’s rights upon the children’s proposal and expectation refers
to the evaluation of activities carried out by relevant agencies, organizations
and individuals for ensuring the children’s rights and response to children’s
proposals for the purpose of protecting children’s best interests.
Article 5. Rules for ensuring
the exercise of children’s rights and responsibilities
1. Facilitate children in
exercising their rights and responsibilities in adequate manner.
2. Do not discriminate
against children.
3. Ensuring children’s best
interests while making decisions relating children.
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5. Consider ideas of
children and those of relevant agencies and organizations while establishing
policies and laws affecting children; combine goals or objectives regarding
children in national, sector and local socio-economic development plans.
Article 6. Prohibited acts
1. Deprive children of
right to life.
2. Neglect, abandon or engage
in children trafficking, kidnap, swap and appropriate children.
3. Involve in child sexual
abuse, use violence against children, abuse or exploit children.
4. Organize, support,
incite or force the child to engage in child marriage.
5. Use, persuade, incite,
excite, entice or force children to commit violations against the law, or
offend honor or dignity of other person.
6. Prevent children from
exercising their rights and responsibilities.
7. Fails to provide or
conceal or preclude the provision of information concerning children who are
abused or threatened to be exploited or suffered violence to their families,
educational establishments or competent agencies and officials.
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9. Sell or facilitate
children in drinking alcohol or beer, smoking and using addictive substances or
other stimulants, and unsafe foods which may cause harm to children.
10. Provide internet
service and other services; produce, reproduce, release, operate, disseminate,
possess, transport, store and trade in publications, toys, games and other
products whose contents cause adverse influence on children’s healthy
development.
11. Announce or disclose
information about the privacy or secret of the child without the consent of the
child who is enough 07 years old or older, or the consent of the child’s parent
or guardian.
12. Make corrupt use of the
child surrogate care to harm such child; take advantage of state policies and
aid granted by organizations or individuals to seek private profit.
13. Build service
facilities, production establishments or warehouses storing goods that cause
environmental pollution, toxic chemicals or inflammables near facilities
providing children protection services, educational establishments, health
establishments, cultural establishments, children’s entertainment and amusement
centers or vice versa.
14. Encroach or use
facilities that serve children’s study, entertainment and other children
protection services for purposes other than those regulated or illegal
purposes.
15. Refuse, fail to perform
or perform in insufficient untimely manner the support, intervention or
treatment for children who are threatened to be or in peril, and whose body,
honor or dignity are harmed.
Article 7. Resources for
ensuring the exercise of children’s rights and protecting children
1. The Government shall
guarantee the resources for fulfilling goals and objectives concerning children
in national, sector and local socio-economic development plans; prioritize the
arrangement of resources for protecting children and ensuring the exercise of
children’s rights.
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3. The Government shall
provide human resource solutions and facilitate the exercise of children’s
rights; develop networks of individuals who are charged with protecting
children’s rights at all levels, prioritize the arrangement of individuals in
charge of child protection affairs at communal level and mobilize resources for
developing networks of freelancers in charge of protecting children at hamlets,
villages, highland villages, mountainous villages, residential groups and
quarters.
Article 8. Contents of state
management of children affairs
1. Request competent state
agencies to promulgate or promulgate, within their competence, legislative
documents concerning children and direct or organize the implementation of
those legislative documents.
2. Establish and organize
the implementation of national strategies, policies and goals concerning
children.
3. Provide guidance on
measures, procedures and standards of protecting children’s rights to agencies,
organizations, education facilities, families and individuals as regulated by
laws.
4. Propagate and disseminate legislations on
children; employ the mass media to disseminate knowledge and skills, and
mobilize the society to exercise children’s rights.
5. Construct, train and
improve knowledge and skills of officials, public employees and individuals in
charge of protecting children, caregivers and networks of freelancers engaging
in children protection for exercising children’s rights.
6. Inspect the
implementation of the children law; respond to complaints and denunciations,
and handle actions in violation of the children law; respond to or expedite the
response to proposals submitted by children, guardians and Organization
representing the voice of children.
7. Carry out the statistics
and reports on children’s status and the implementation of the children law for
competent state agencies.
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Article 9. Cooperation in
exercising children’s rights and responsibilities
1. Ministries, ministerial-level
agencies and the government-affiliated agencies shall coordinate with agencies
in charge of state management of children affairs and relevant agencies and
organizations to carry out the inspection and response to complaints and
denunciations, and handle acts in violation of the children law.
2. Agencies, organizations,
educational establishments, families and individuals shall ensure the exercise
of children’s rights and responsibilities; support and facilitate children in
exercising their rights and discharging their responsibilities as regulated by
law; coordinate and exchange information together during their implementation.
3. Socio-political
organizations and social organizations shall coordinate with agencies in charge
of state management of children affairs during their performance of duties
relating to children.
Article 10. Disadvantaged
children
1. Disadvantaged children
include the following groups:
a) Double orphans;
b) Abandoned children;
c) Homeless children;
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dd) Children affected by HIV/AIDS;
e) Children committed illegal acts;
g) Children who are drug addicts;
h) Children who must give up their studies to earn
their living and fail to complete the universalization of secondary education;
i) Children who suffered seriously physical and
mental harm due to violence;
k) Exploited children;
l) Sexually abused children;
m) Trafficked children;
n) Children who have fatal disease or disease
requiring long-term treatment and are children of poor or near poor households;
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2. The Government shall
promulgate regulations detailing groups of disadvantaged children and
appropriate support policies for each group.
Article 11. Month of action
for children
1. The Month of Action for
Children is annually organized in June to promote the “All people take care of,
educate and protect children” movement; propagate, disseminate and mobilize
agencies, organizations, educational establishments, families and individuals
to implement policies, programs, plans and projects on children affairs, build
works for children and mobilize resources for engaging in children affairs.
2. Ministry of Labour –
Invalids and Social Affairs shall take the prime responsibility and coordinate
with relevant agencies and organizations to direct and guide the implementation
of the Month of Action for Children.
Chapter II
CHILDREN’S RIGHTS AND
RESPONSIBILITIES
Section 1. CHILDREN’S RIGHTS
Article 12. Right to life
Children have the right to protection of their life
and are entitled to enjoy best conditions for living and development.
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Children have the right to be registered for birth
or death, have the right to a legally registered full name and a nationality.
Children also have the right to have their parents, ethnic groups and sex
defined as regulated by laws.
Article 14. Right to healthcare
Children have the right to best healthcare
services, are prioritized to access and use medical prevention, examination and
treatment services.
Article 15. Right to be cared
for and nurtured
Children have the right to be cared for and
nurtured to develop comprehensively.
Article 16. Right to
education, study and development of talent
1. Children have the right
to education and study so that they can have a comprehensive development and
promote their ability in the best way.
2. Children are granted
with equal opportunities for study and education, and developing their talent,
creation and invention.
Article 17. Right to engage in
play and recreational activities
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Article 18. Right to preserve
and promote characters
1. Children are entitled to
have their personal characteristics and value respected in conformity with
their age and the national culture. They are also entitled to have their family
relationship acknowledged.
2. Children have the right
to use the national language and script, preserve the national characters and
promote the national cultural traditions, manners and customs.
Article 19. Right to freedom
of belief or religion
Children have the right to freedom of belief or
religion. They may follow or reject to follow a given religion and their safety
and interests thereof must be ensured and protected in the best way.
Article 20. Right to assets
Children have the right to asset ownership,
inheritance and other rights to assets as regulated by the law.
Article 21. Right to privacy
1. Children have the
imprescriptible right to privacy and keep personal and family secrets, all are
for the best interests of children.
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Article 22. Right to live with
their parent(s)
Children have the right to live with their
parent(s) and are provided with the protection, caring for and education of
both parents, unless they must be separated from their parent as regulated by
the law or for protecting their best interests.
In case of separation from parent(s), children must
be assisted to stay in contact with their parent(s) and family, unless this
might cause adverse influence on their best interests.
Article 23. Right to be
reunited and stay in contact with parent(s)
Children have the right to know their natural
parents, unless this might cause adverse influence on their best interests.
They are entitled to stay in touch or contact with both parents when they or
their parent(s) resides (reside) in different countries or are detained or
expelled. They also have their immigration facilitated to be united with their
parent(s). In addition, children are protected from illegal transport to the
outside of the territory of Vietnam and provided with information when their
parent(s) is (are) missing.
Article 24. Right to receive
surrogate care and to be adopted
1. Children can receive the
surrogate care when their parents are dead or they cannot live with their
natural parent or they are affected by natural disasters and calamities or
aimed conflict in order that their safety and interests are ensured and
protected in the best manner.
2. Children are adopted as
regulated by laws on adoption.
Article 25. Right to be
protected from sexual abuse
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Article 26. Right to be
protected from labor exploitation
Children have the right to be protected, in any
form, from the labor exploitation. They must not work when they are under the
working age and they must not work overtime or do arduous, harmful or dangerous
works as regulated by the law. They are protected from forcing to do jobs or
arranging in working places where cause adverse influence on their personality
and comprehensive development.
Article 27. Right to be
protected against violence, neglect or abandonment
Children have the right to be protected, in any
form, from violence, neglect or abandonment which harms their comprehensive
development.
Article 28. Right to be
protected from trafficking, kidnapping, swap and appropriation
Children have the right to be protected, in any
form, from trafficking, kidnapping, swap and appropriation.
Article 29. Right to
protection from narcotic substances
Children have the right to be protected from any
form of illegal use, manufacturing, transport, sale, purchase and storage of
narcotic substances.
Article 30. Right to be
protected in the course of proceedings and taking of actions against
administrative violations
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Article 31. Right to be
protected while suffering from natural disasters and calamities, environmental
pollution or armed conflict
Children have the right to all forms of special
assistance and protection from impacts of natural disasters and calamities,
environmental pollution and armed conflict.
Article 32. Right to social
security
Children who are Vietnamese citizens shall have their
social security benefits ensured as regulated by the law and in conformity with
socio-economic conditions of regions where they are living and capacity of
their parent(s) or caregivers.
Article 33. Right to access to
information and social activities
Children are entitled to access to information in a
sufficient, timely and appropriate manner. They have the right to retrieve and
obtain information in all forms as regulated by the law and engage in social
activities in conformity with their age level, maturity level, demands and
capacity.
Article 34. Right to state
opinions and attend meeting
Children have the right to state their opinions and
expectations about children issues. They are entitled to attend meetings as
regulated by the law in conformity with their age level, maturity level and
development. They also have their opinions and legitimate expectations
received, considered and responded by agencies, organizations, educational
establishments, families and individuals.
Article 35. Rights of children
with disabilities
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Article 36. Rights of
stateless children and refugee children
Stateless children residing in the territory of
Vietnam and refugee children are protected and entitled to receive humanitarian
assistance and search for their parents and families as regulated by the law of
Vietnam and the international agreements to which the Socialist Republic of
Vietnam is a signatory.
Section 2. CHILDREN’S
RESPONSIBILITIES
Article 37. Children’s
responsibilities towards their families
1. Respect, be polite and
dutiful to grandparents and parents; love, show interest in and share their
feeling and desires with their parents and kindred.
2. Study, train and keep
family order and disciplines; assist their parents and members of family members
in works conformable to their age level, sex and development.
Article 38. Children’s
responsibilities towards their schools, social support establishments and other
educational establishments
1. Respect teachers, officials
and employees of their schools, social support establishments and other
educational establishments.
2. Love, show solidarity,
share difficulties, respect and help classmates and friends.
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4. Preserve and protect assets
and fully comply with internal regulations and rules of schools, social support
establishments and other educational establishments.
Article 39. Children’s
responsibilities towards community and society
1. Respect and be polite with
the elderly; care for and help the elderly, the disabled, pregnant women,
younger kids and people with difficulties in conformity with their capacity,
health and age level.
2. Respect rights, honor and
dignity of other people; comply with regulations on traffic safety, social
order and security; protect, preserve and use property, natural resources and
protect environment in conformity with the children’s capacity and age level.
3. Discover, notify, provide
and denounce acts in violation of the laws.
Article 40. Children’s
responsibilities towards hometown and nation
1. Love hometown and nation,
love fellow-citizens, show a good sense of building and protecting the
Fatherland; preserve the national character and promote national and local
customs, practices, traditions and culture.
2. Comply with and abide by
the laws; unite, cooperate and exchange with international friends and children
in conformity with the children’s age level and each period of development.
Article 41. Children’s
responsibilities towards themselves
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2. Live honestly and modestly;
keep personal hygiene and take physical exercise.
3. Study hard and do not leave
school or families to live as the homeless.
4. Do not engage in gambling; do
not buy, sell and use alcohol, beer, tobaccos, additive substances and other
stimulants.
5. Do not use or exchange
products whose contents incite violence or which have depraved contents; do not
use toys or games harming their own healthy development.
Chapter
III
EDUCATION AND CARE OF
CHILDREN
Article 42. Guarantee of the
care of children
1. The Government shall
implement support and assistance policies, and promulgates standards and
regulations on the care of children according to the age level and those for
disadvantaged children.
2. The Government encourages
agencies, organizations, families and individuals to support and take care of
children and disadvantaged children. Organizations and individuals that provide
care services to children shall be enjoyed support policies on land, taxes and
credits.
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để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ: ĐT:
(028) 3930 3279
DĐ:
0906 22 99 66
Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:
1. The Government shall
implement policies in conformity with socio-economic conditions at each period
to support and ensure that all children are provided with healthcare services,
especially disadvantaged children, children of poor and near-poor households,
ethnic minority children and children who are living at border regions,
mountainous regions, islands and regions with extremely difficult socio-economic
conditions.
2. The Government shall
ensure the implementation of measures for carrying periodical examination for
pregnant women and children according to age level; providing children with
nutrition-related care, initial health care and vaccination; childproofing and
preventing child accidents and injuries; providing children advice and
assistance in reproductive sexual health care in conformity with their age as
regulated by the laws.
3. The provision of consultancy, protection and
taking care of health and nutrition of pregnant women, mothers who have to
bring up babies below 36 months of age and children, especially children under
36 months of age and abused children shall be prioritized in conformity with
socio-economic development conditions at each period.
4. The Government shall implement policies and
methods of consultancy, screening, diagnosis and treatment before birth and
after birth; reducing child mortality rate, especially infant mortality rate;
abolishing customs and practices that cause harm or adverse influence on
children’s health.
5. The Government shall pay or assist
children to pay health insurance premium as regulated by the law on health
insurance in conformity with age level, groups of children and socio-economic development
conditions at each period.
6. The Government shall
implement policies and measures for ensuring that children may use hygienic
source of water and basic sanitary conditions, and ensuring foods safety as
regulated by the laws.
7. The Government encourages
agencies, organizations, families and individuals to support and invest in
resources for protecting children and taking care of children’s health,
especially disadvantaged children.
Article 44. Guarantee of child
education
1. The Government shall
formulate assistance policies for ensuring that all children can go to school
and minimizing the number of children giving up their studies; policies for
supporting disadvantaged children, children of poor and near-poor households,
ethnic minority children and children who are living at border regions,
mountainous regions, islands and regions with extremely difficult
socio-economic conditions to access to the educational universalization and
inclusive education, attend vocational training classes and receive job
recommendation in conformity with age level and the law on labor.
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Mọi chi tiết xin liên hệ: ĐT:
(028) 3930 3279
DĐ:
0906 22 99 66
Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:
3. Educational
programs and contents must be in conformity with age level and each group of
children for ensuring educational quality and meeting comprehensive development
and integration requirements; the education about Vietnam’s history and
cultural traditions, development of children’s dignity, living skills, talent,
sex education and reproductive health education shall be given with the special
importance.
4. The
Government promulgates regulations on safe, healthy and friendly educational
environment, and school violence prevention and intervention.
5. The Government shall
establish proper policies on the universalization of preschool education for
children at 05 years old and policies for supporting preschool-aged children in
conformity with socio-economic development conditions at each period; encourage
and attract other sources of investment for developing education and training.
Article 45. Guarantee of play
and recreational activities, cultural, arts, sports and tourist activities for
children
1. The Government shall
establish policies for supporting the creation of cultural and arts works;
developing a system of cultural and sports facilities for children; establish
priority policies for children while they use play, recreation, sports and
tourism services and visit monuments and relics.
2. People’s committees at
all levels shall make plans on land use, allocation of land funds and
investment in play and recreation areas, cultural, arts and sports activities
for children; ensure appropriate conditions, period and time for children to
participate in activities at cultural and sports facilities.
3. The Government shall
facilitate children in preserving and promoting the national character and
culture, and using their ethnic languages.
4. The Government
encourages organizations, families and individuals to participate in aid,
investment and construction of facilities serving children’s play and
recreational activities; encourages the creation and manufacturing of
children’s safe and healthy toys and games which promote the national character
and culture.
Article 46. Guarantee of
children’s information and communications activities
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Mọi chi tiết xin liên hệ: ĐT:
(028) 3930 3279
DĐ:
0906 22 99 66
Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:
2. Information agencies and
publishing houses must arrange an appropriate proportion of contents, period
and broadcasting volume of radio and television programs, and publications for
children. Information, toys, games, radio and television programs, arts works
and movies whose contents are not suitable for children must contain warning or
specify the age of children who are not allowed to use.
3. The Government
encourages the development of information and communications affairs in
conformity with the comprehensive development of children; the manufacturing
and publishing of contents and information with an amount of time conformable
to ethnic minority children.
Chapter IV
CHILD PROTECTION
Section 1. LEVELS OF CHILD PROTECTION
AND RESPONSIBILITY FOR IMPLEMENTATION
Article 47. Requirements on
child protection
1. The child protection is
implemented in according to the following three levels:
a) Prevention;
b) Support;
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Mọi chi tiết xin liên hệ: ĐT:
(028) 3930 3279
DĐ:
0906 22 99 66
Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:
2. The implementation of
the child protection must ensure the systematization, continuity, close and
effective cooperation between competent authorities and sector managing
agencies in the construction and implementation of policies and laws and the
provision of child protective services.
3. Agencies, organizations,
educational establishments, families and individuals assume child protection
duties. The child protection must comply with the laws, processes and standards
promulgated by competent state authorities.
4. The child protection at children’s
families and families that perform the surrogate care is prioritized. The
sending of children to social support establishments is only a temporary method
when the care of children at their families or families performing the
surrogate care is unsuccessful or for the best interests of children.
5. Parents, caregivers and
children must provide information and state their opinions with competent
authorities and individuals in making decisions on child protection
intervention or support.
6. It should attach a
special importance to the prevention of the risk of harm to children; make
timely intervention for minimizing bad consequences; actively assist
disadvantaged children with functional rehabilitation and social inclusion.
Article 48. Prevention level
1. The prevention level
includes many child protective measures which are applicable to community,
families and children for the purpose of raising awareness and improving
knowledge of child protection, creating a safe and healthy living environment for
children and minimizing the risk of cases where children who may be abused or
face disadvantaged conditions.
2. Child protective
measures at prevention level consist of:
a) Propagate and disseminate the danger and
consequences of factors and acts harming and abusing children; responsibility
for discovering and reporting cases where children are abused or in danger of
violence, exploitation or abandonment to community, families and children;
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(028) 3930 3279
DĐ:
0906 22 99 66
Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:
c) Equip with knowledge and parenting skills for
ensuring children’s safety;
d) Educate and give advice on knowledge and
self-protection skills to children;
dd) Establish a safe and suitable living
environment for children.
Article 49. Support level
1. The support level includes
child protective measures which are applicable to children in danger of
violence, exploitation or abandonment or disadvantaged children for the purpose
of discovering, reducing or abolishing risks of harm to children in a timely
manner.
2. Child protective
measures at the support level consist of:
a) Warn about risk factors for child abuse; give
advice on intervention measures, knowledge and skills for abolishing or
reducing the risk of child abuse to parents, teachers, caregivers, people
working in child protective service providers and children for the purpose of
re-establishing a safe living environment for children in danger of child
abuse;
b) Receive information, evaluate the level of harm
and apply necessary measures for supporting children in danger of violence,
exploitation or abandonment for the purpose of eliminating or minimizing such
dangers;
c) Give assistance to disadvantaged children as
regulated in this Law;
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Mọi chi tiết xin liên hệ: ĐT:
(028) 3930 3279
DĐ:
0906 22 99 66
Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:
Article 50. Intervention level
1. The intervention level
includes child protective measures that are applicable to abused children and
their families for preventing acts that result in harm to children and
assisting disadvantaged children with functional rehabilitation and social
inclusion.
2. Child protective
measures at the intervention level consist of:
a) Give health care, psychological treatment,
physical and mental health rehabilitation to abused children and disadvantaged
children who require the intervention;
b) Arrange a safe temporary residence for children
and separate them from the environment or individuals that make threats or have
acts of violence or child exploitation.
c) Arrange temporary or long-term surrogate care
for children of groups defined in Clause 2 Article 62 of this Law;
d) Assist children suffered violence, exploited and
abandoned children in family reunion, school integration and social integration.
dd) Give advice and provide parents, caregivers and
family members of disadvantaged children with knowledge of duties and skills of
protecting, taking care of and practicing inclusive education to this group of
children.
e) Give advice and provide knowledge of legislation
and legal assistance to parents, caregivers and disadvantaged children;
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Mọi chi tiết xin liên hệ: ĐT:
(028) 3930 3279
DĐ:
0906 22 99 66
Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:
h) Monitor and evaluate the safety of abused
children or those in danger of child abuse.
Article 51. Responsibilities
for provision and response to information, report or denunciation of child
abuse
1. Agencies, organizations, educational
establishments, families and individuals shall assume responsibility for
providing information, reporting and denouncing acts of harming children in
cases where children are abused or in danger of violence, exploitation or
abandonment to competent authorities.
2. Agencies of labour –
invalids and social affairs, police agencies at all levels and communal
people’s committees are responsible for receiving and responding to
information, reports and denunciations; cooperating to verify, appraise and
investigate acts of harming children, conditions leading to the unsafety or
harm to children and the level of risk of harm to children.
3. The Government establishes
an active national telephone exchange system for receiving and responding to
information, reports and denunciations of risks and acts of child abuse;
promulgates procedures for receipt and response thereof.
Article 52. Support and
intervention plans
1. The support and
intervention plan is established for implementing one or certain child protective
measures at the support or intervention level as regulated in Article 49 and
Article 50 of this Law and applicable to each case of abused children or
children threatened with violence, exploitation or abandonment and
disadvantaged children.
2. People’s committees of
communes where children resides shall take the prime responsibility and
coordinate with agencies, organizations and individuals in charge of child
protection to establish, approve and implement support and intervention plans;
arrange resources and individuals and/or organizations to implement or
cooperate to implement and inspect the implementation of such support and
intervention plans.
3. With regard to children who
are abused or might suffer violence, might be exploited or abandoned by their
parents or caregivers and abused children whose parents or caregivers refuse to
implement support and intervention plans, chairpersons of communal people’s
committees, district agencies of labour – invalids and social affairs shall
request competent courts to make decisions on limiting rights of children’s
parents or caregivers or temporarily separate such children from their parents
or caregivers and apply surrogate care method.
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Mọi chi tiết xin liên hệ: ĐT:
(028) 3930 3279
DĐ:
0906 22 99 66
Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:
Article 53. Responsibilities
of individuals in charge of child protection affairs at communal level
1. Assess risks and determine
demands of children who need the protection.
2. Participate in the
establishment and implementation of support and intervention plans for
disadvantaged children, abused children or children in danger of violence,
exploitation or abandonment.
3. Give advice and provide
information and guidance to children and their parents and caregivers on the
access to child protection, social support, health, education and legal
assistance services and other supporting sources.
4. Give advice on child
protection knowledge and skills to children, their parents, caregivers and
family members and community.
5. Propose surrogate care
method and follow the implementation thereof.
6. Assist children who
committed illegal acts, are crime victims or testifiers in the course of
proceeding, taking of actions against administrative violations,
rehabilitation/ recovery and social inclusion as regulated in Article 72 of
this Law.
Article 54. Responsibilities
for child protection on the network environment
1. Relevant agencies and
organizations shall propagate, educate and protect children while they
participate into the network environment in all forms. Parents, teachers and
caregivers of children shall provide education about knowledge and guidance on
skills to children in order that they can know how to protect themselves on the
network environment.
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(028) 3930 3279
DĐ:
0906 22 99 66
Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:
3. This Article is detailed by
the Government.
Section 2. CHILD PROTECTIVE
SERVICE PROVIDERS
Article 55. Types of child
protective service providers
1. Child protective service
providers are established by agencies, organizations and individuals as
regulated by the laws. Their functions and tasks are to implement or cooperate
and support for the implementation of one or certain child protective measures
at prevention, support and intervention levels as prescribed in Article 48,
Article 49 and Article 50 of this Law.
2. Types of child protective
service providers include public and private child protective service
providers.
3. Child protective service
providers consist of:
a) Child protective service providers whose
functions and tasks specialize in the provision of child protective services;
b) Child protective service providers which only
have a part of their functions and tasks specializing in the provision of child
protective services.
Article 56. Requirements on
the establishment and operation registration of child protective service
providers
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Mọi chi tiết xin liên hệ: ĐT:
(028) 3930 3279
DĐ:
0906 22 99 66
Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:
1. Their operational
principles and objectives are for the best interests of children;
2. Their operating contents aim to implement one or
several child protective measures regulated in Article 48, Article 49 and
Article 50 of this Law;
3. Representatives of child
protective service providers must be Vietnamese citizens who are capable of civil
acts, have good virtuous character and knowledge of children and child
protection affairs, and do not face criminal prosecution or administrative
penalties for acts of child abuse;
4. Their facilities,
equipment, financial sources and human resources must satisfy their objectives,
requirements and scope of operation as regulated by competent state agencies.
Article 57. Authority to
establish and grant operation registration certificates to child protective
service providers
1. Ministries, ministerial-level
agencies and the government-affiliated agencies shall, within the ambit of
their tasks and powers, establish public child protective service providers
under their authority and grant operation registration certificates to other
child protective service providers whose operations are carried out in many
provinces; take the prime responsibility and coordinate with the Ministry of
Labour – Invalids and Social Affairs to promulgate or propose competent
authorities to promulgate development plans for child protective service
providers and guide the implementation thereof; establish procedures and
standards of child protective service provision under their authority, inspect
and take actions against violations as regulated by the laws.
2. The provincial people’s
committee shall establish public child protective service providers and grant
operation registration certificates to other child protective service providers
whose operations are carried in such province; take the prime responsibility
and coordinate with relevant agencies to establish and direct the
implementation of the general planning for types of child protective service
providers in such province in conformity with actual demands.
3. The district people’s
committee shall establish public child protective service providers and grant
operation registration certificates to other child protective service providers
whose operations are carried in such district.
Article 58. Activities of
child protective service providers
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(028) 3930 3279
DĐ:
0906 22 99 66
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a) Requirements regulated in Article 47 of this
Law;
b) Comply with procedures and standards of child
protection service provision promulgated by competent state authorities;
c) Conduct the receipt and provision of child
protective services, and transfer of children and results of child service
provision between child protective service providers for the safety and best
interests of children;
d) Follow the guidance and bear the inspection of
specialized operations by competent state authorities;
dd) Keep secret of information concerning abused
children, except for the cases where the provision of information is requested
by competent agencies or officials.
2. Child protective service
providers can receive financial support or support in kinds granted by domestic
and foreign agencies, organizations and individuals as regulated by the laws
for implementing child protective measures.
Article 59. Suspension or
termination of activities of child protective service providers
1. If child protective service
providers commit any of the following contents, their activities or a part of
their activities shall be suspended or terminated depending on the nature and
degree of the violations:
a) Fail to satisfy requirements stated in Article
56 of this Law or fail to comply with laws relating to their operating sectors;
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(028) 3930 3279
DĐ:
0906 22 99 66
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c) Use their operating expenditure and facilities
not for regulated purposes.
2. Ending the period of
suspension, if child protective service providers fail to rectify issues that
lead to such suspension, their activities or a part of their activities shall
be terminated.
3. Competent state agencies
have the right to suspend or terminate activities of child protective service
providers that they established or granted operation registration certificates.
Section 3. SURROGATE CARE
Article 60. Requirements on
the implementation of surrogate care
1. Base on demands,
background, sex, race, religion and language of children, and ensure children’s
rights.
2. Ensure the children’s
safety as well as the stability, continuity and attachment between children and
their caregivers.
3. Consider opinions, expectations,
feeling and attitude of children according to their age and maturity level.
With regard to children from enough 07 years of age and older, their opinions
must be considered carefully.
4. The surrogate care taken by
children’s kindred is prioritized. If children have siblings, they might live
together with their siblings.
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(028) 3930 3279
DĐ:
0906 22 99 66
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Article 61. Types of surrogate
care
1. The
surrogate care taken by children’s kindred.
2. The
surrogate care taken by individual or family that is not children’s kindred.
3. The surrogate care is
carried out in the form of adoption.
The child adoption must comply with laws on
adoption.
4. The
surrogate care is made at social support establishments.
Article 62. Cases where
children need the surrogate care
1. Double-orphans,
abandoned children, and homeless children.
2. Children
who cannot live with their natural parents for protecting children’s safety;
children whose parents are unable to protect or nurture them or are child
abusers.
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(028) 3930 3279
DĐ:
0906 22 99 66
Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:
4. Refugee
children whose parents are not yet identified.
Article 63.
Conditions of the surrogate care
1. The making of decisions on
the surrogate care must satisfy requirements stated in Article 60 of this law
and the following conditions:
a) The surrogate care must be consented in writing
by the children’s guardians in cases regulated in Clause 1 Article 62 of this
Law;
b) The approval or performance of the surrogate
care for children whose parent(s) is (are) alive but they are unable to protect
and take care of them must be carried out with the written content of their
parent(s), except for the cases where intervention measures are taken to
protect children as regulated in Point b and Point c Clause 2 Article 50 and
Clause 3 Article 52 of this Law or the cases where parental rights are limited
as regulated by the Law on marriage and family.
2. Individuals and families
that perform the surrogate care must ensure the following conditions:
a) Individuals or family representatives must
reside in the territory of Vietnam. They must be healthy, capable of civil acts
and have good virtuous character. They do not have their rights to juvenile
children limited. They also do not face criminal prosecution or administrative
penalties for acts of child abuse. In addition, they must not be convicted of
deliberate infliction of harm to human life, health, or dignity of the others,
or maltreatment or abuse of one’s grandparent, parent, spouse, child,
grandchild, or caregiver, or persuading, forcing a minor to commit an offence,
or harboring a minor committed a offence, or trafficking, or swapping, or
appropriation of children;
b) They must have suitable residence and economic
conditions to ensure the nurture and education of children;
c) They must voluntarily perform the surrogate
care. All family members must agree with the receipt of surrogate care, and no
one of family members must face the criminal prosecution or administrative
penalties for acts of child abuse;
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(028) 3930 3279
DĐ:
0906 22 99 66
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3. The Government encourages
agencies, organizations, families and individuals to give support, in both
mental and physical terms, for the surrogate care.
Article 64.
Rights and responsibilities of surrogate caregivers
1. Surrogate
caregivers shall assume the following responsibilities:
a) Ensure safe living conditions
for children so that they can exercise their rights and responsibilities in
conformity with conditions of surrogate caregivers;
b) Submit reports, after 06 months
from the date on which they started their performance of the surrogate care or
on annual basis, to people’s committees of communes where they reside on
physical and mental health, and the integration of children. In cases where
unexpected matters occur, unscheduled reports must be submitted on a timely
manner.
2. Surrogate caregivers shall
have the following rights:
a) Surrogate caregivers are entitled to priority
loans, vocational training and employment support and healthcare while they get
into difficulties;
b) They are supported with expenditure for
nurturing children as regulated by the law and are entitled to receive support
from agencies, organizations, families and individuals to perform the surrogate
care.
Article 65.
Surrogate care registration
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(028) 3930 3279
DĐ:
0906 22 99 66
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2. Communal people’s
committees shall prepare and submit the list of individuals and families that
have registered and are qualified for performing the surrogate care to district
agencies of labour – invalids and social affairs.
3. District agencies of labour
– invalids and social affairs shall coordinate with commune people’s committees
to manage the list and appoint qualified individual or family to perform the
surrogate care within their authority in cases where children needs the
surrogate care.
4. When kindred of children
perform the surrogate care, they must not carry out registration procedures as
regulated in Clause 1 of this Article but they must report to communal people’s
committees to make decisions on approval for the surrogate care.
5. The Government shall
promulgate regulations detailing registration procedures, preparing the list
and selecting individuals and families to perform the surrogate care.
Article 66. Authority to make
decision on the surrogate care
1. Chairpersons of communal
people’s committees shall make decisions on sending children to individuals or
families that register for the performance of surrogate care on the basis of
requirements stated in Clause 1 and Clause 2 Article 63 of this Law.
If children who receive the surrogate care have no
natural guardian as regulated by the laws, chairpersons of communal people’s
committees might, with the consent of surrogate caregivers, appoint surrogate
caregivers to act as children’s guardians.
2. Chairpersons of district
people’s committees shall decide to appoint social support establishments
within their authority to perform the surrogate care.
3. Directors of departments of
labour – invalids and social affairs shall decide to appoint social support
establishments under provincial management to perform the surrogate care.
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(028) 3930 3279
DĐ:
0906 22 99 66
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Article 67. Placement of
children into social support establishments
1. Chairpersons of people’s
committees of communes where children reside or acts of child abuse occur shall
carry out procedures for taking children into social support establishments in
the following cases:
a) While procedures for the surrogate care are
carried out;
b) There is unable to select an individual or family
qualified for performing the surrogate care;
c) Where measures stated in Point b Clause 2 Article
50 of this Law apply.
2. Social support
establishments shall, on a regular basis, consider cases of surrogate care at
their establishments and request for change of type of surrogate care.
3. The Government shall
promulgate regulations on procedures for handling surrogate care documents and
changing type of surrogate care.
Article 68. Supervision and
assessment of status of children who receive the surrogate care
1. Provincial and district
agencies of labour – invalids and social affairs shall discharge the following
duties:
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(028) 3930 3279
DĐ:
0906 22 99 66
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b) Verify the list of children at social support
establishments for a periodical basis of every 06 months; receive, consider and
respond to proposals of social support establishments or request competent
agencies or organizations to change types of surrogate care;
c) Inspect the surrogate care performed at families
and social support establishments; take actions, within their competence,
against child abuse or acts in violation of care of children standards.
2. Communal people’s
committees shall, on a periodical basis of 06 months, evaluate cases of
children receiving surrogate care at families under their management and report
to district agencies of labour – invalids and social affairs to impose suitable
support and intervention measures.
Article
69. Termination of the surrogate care
1. The surrogate care shall be
terminated in the following cases:
a) Individuals or families who perform the surrogate
care are unable to ensure conditions for taking care of children as regulated
in Clause 2 Article 63 of this Law;
b) Individuals or families who perform the surrogate
care commit any of prohibited acts regulated in Article 6 of this Law and cause
harm to children receiving the surrogate care;
c) The surrogate care is terminated as requested by
individuals or families who perform the surrogate care;
d) Children under the surrogate care deliberately
inflict serious harm to human life, health, dignity, or honor of individuals or
members of families that perform the surrogate care;
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(028) 3930 3279
DĐ:
0906 22 99 66
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2. If the individual or a
member of the family that performs the surrogate care causes harm to the child,
such child must be immediately separated from the individual or family performs
the surrogate care and child protective measures may apply as regulated in
Article 50 of this Law.
3. In case children wish to
terminate the surrogate care, competent agencies or individuals and surrogate
caregivers shall consider and decide the termination of surrogate care for the
best interests of children.
4. Makers of decisions on
surrogate care may decide the termination of surrogate care.
Section 4. MEASURES FOR
PROTECTING CHILDREN IN THE COURSE OF PROCEEDING, TAKING OF ACTIONS AGAINST
ADMINISTRATIVE VIOLATIONS, REHABILITATION/ RECOVERY AND SOCIAL INCLUSION
Article 70. Requirements on
protection of children in the course of proceeding, taking of actions against
administrative violations, rehabilitation/ recovery and social inclusion
1. Children must be respected and treated in a fair
and equal manner in conformity with their age and maturity level.
2. Cases relating to
children affairs shall be promptly handled for minimizing mental and physical
harm to children.
3. Ensure the assistance of
parents, guardians and other legal representatives for children in the course
of proceeding and taking of actions against administrative violations for
protecting children’s lawful rights and interests.
4. Presiding officers,
competent individuals for taking actions against administrative violations,
lawyer and legal assistants must have necessary knowledge of child psychology
and educational science. Their language must be friendly and understandable to
children.
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(028) 3930 3279
DĐ:
0906 22 99 66
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6. Actively prevent
children’s illegal acts and recidivism by means of giving timely support and
intervention to correct justifications and factors for their illegal acts, and
assisting children with rehabilitation/recovery and social inclusion.
7. Provide safe,
continuous, sufficient and flexible prevention, support and intervention
measures in a timely manner and in conformity with demands, background, age
level and psychological and physiological features of each child on the basis
of careful consideration and respect for opinions, expectations, feeling and
attitude of that child.
8. Ensure the close and
timely connection between agencies, organizations, child protective service
providers, families, educational establishments and presiding authorities and
competent authorities for taking actions against administrative violations.
9. Prioritize the
imposition of prevention, support and intervention measures, or edification at
the commune, ward or town, or measures substituting administrative penalties on
children violating the laws. Coercive actions and limitations on freedom are
only taken when other prevention and education measures are not appropriate.
10. Ensure children’s
privacy and apply necessary measures for limiting the children’s appearance in
the public during the proceeding.
Article 71. Measures for
protecting children, who committed illegal acts, are crime victims or
testifiers
1. Children committed illegal acts must undergo the
edification at the commune, ward or town, or receive measures substituting
administrative penalties as regulated by the Law on handling of administrative
violations. Children who committed illegal acts and are exempt from criminal
liabilities shall receive the reprimand, community conciliation or edification
at the commune, ward or town. They must face the non-custodial sentence or
suspended sentence as regulated by the Criminal Code. The following protective
measures shall be imposed on children who have served the compulsory education
in a reform school or the imprisonment for correcting justifications and
factors for illegal acts, recovering and avoiding recidivism:
a) Child protective measures at the support level
regulated in Point c Clause 2 Article 49 of this Law;
b) Child protective measures at the intervention
level regulated in Point a and Point e Clause 2 Article 50 of this Law;
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(028) 3930 3279
DĐ:
0906 22 99 66
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d) The surrogate care regulated in this Law shall be
imposed on double-orphans, or children whose parents are not identifiable;
children who are unable to live with their parents; children whose residence
could not be identified during their implementation of decisions on the
edification at the commune, ward or town, or measures substituting
administrative penalties granted by competent authorities;
dd) Assist families to supervise, manage and
educate children;
e) Other protective measures as regulated in
Article 48, Article 49 and Article 50 of this Law, if possible.
2. Child protective
measures at the support level regulated in Point c and Point d Clause 2 Article
49 and child protective measures at the intervention level regulated in Article
50 of this Law shall be imposed on children who are crime victims or testifiers
and suffered mental or physical harm.
3. Human life, health,
dignity, honor and privacy of children who are testifiers shall be protected.
The forced escort or placing children who are testifiers under the
psychological pressure should be minimized.
Article 72. Responsibilities
of individuals in charge of child protection affairs at communal level in
the course of proceeding, taking of actions against administrative violations,
rehabilitation/ recovery and social inclusion
1. Give advice and provide
information and guidance to children, their parents and caregivers on the
access to child protection, legal assistance, social support, health, education
support services and other supporting sources.
2. Find and provide
information about children’s background and family to authorized procedural
persons and competent individuals for taking actions against administrative
violations in order that they can impose legitimate measures for handling
illegal acts, the edification measure and make other suitable decisions.
3. Participate in the
proceeding and the handling of administrative violations in connection with
children as regulated by the laws or as requested by authorized procedural
persons or competent individuals for taking actions against administrative
violations; attend the meeting of the advisory board for the application of the
edification at the commune, ward or town for handling administrative
violations, and the consideration made at the Court for sending children to
reform schools for education.
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(028) 3930 3279
DĐ:
0906 22 99 66
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5. Participate in the
establishment of support and intervention plans and follow the implementation
thereof; contact and assist children with rehabilitation/recovery and social
inclusion services.
Article 73. Support for
rehabilitation/recovery and social inclusion of children who committed illegal
acts
1. Detention facilities and
reform schools must coordinate with people’s committees of communes where
children reside to implement the following measures for the purpose of
preparing and enhancing the social inclusion of children violating the law:
a) Maintain the contact between children and their
family;
b) Organize educational classes, vocational
training classes and skill training classes for children;
c) Consider and evaluate the compliance with the
children’s compulsory study and training at detention facilities and reform
schools, and request competent authorities to reduce the period of serving the
sentence or terminate the compulsory education at reform schools as regulated
by the law.
2. The detention
facility or the reform school where the child is serving his sentence or the
compulsory education must, within 02 months before the child completes his
sentence or 01 month before the child finishes the compulsory education at the
reform school, inform and provide relevant information to the people’s
committee of commune where the child will return to live to prepare the receipt
and support for the social inclusion of that child.
3. Chairpersons of people’s
committees of communes where children reside shall direct the establishment and
implementation of support and intervention plans and the application of
measures for protecting children who committed illegal acts as regulated in Clause
1 Article 71 of this Law.
4. Agencies of labour –
invalids and social affairs, judicial agencies, police agencies, organizations
of the Communist Youth Union of Ho Chi Minh City, and agencies of Vietnam
Women’s Youth Union at district level shall coordinate with relevant agencies
and organizations to guide and assist communal people’s committees with the
implementation of support and intervention plans, and the imposition of other
suitable protective measures on children.
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(028) 3930 3279
DĐ:
0906 22 99 66
Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:
CHILDREN’S PARTICIPATION
IN ISSUES INVOLVING CHILREN
Article 74. Scope and types of
children’s participation in issues involving children
1. The
participation by children or Organization representing the voice of children,
depending on the age level of children, is required in the following issues
involving children directly or indirectly:
a) The establishment and implementation of
programs, policies and legislative documents and socio-economic development
plans;
b) The establishment and implementation of
decisions, programs and activities of socio-political organizations, social
organizations and social-professional organizations;
c) Decisions and activities of schools, other
educational establishments and child protective service providers;
d) The application of measures for nurturing,
educating and protecting children by their families.
2. Children may participate in issues involving children
via one of the following forms:
a) Forums, meetings, seminars, talks, contests or
events;
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(028) 3930 3279
DĐ:
0906 22 99 66
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c) Activities of children’s clubs, teams and groups
which are established under the laws;
d) Consultation, survey and taking of children’s
opinions;
dd) Expression of children’s opinions and
expectations in direct manner or via channels of the mass media, social media
and other means of communications.
Article 75. Guarantee of
children’s participation in family issues
Parents and family
members shall discharge the following duties:
1. Respect,
listen, consider and respond to children’s opinions and expectations in a manner
in conformity with children’s age level and development, and their family’s
conditions and background.
2. Facilitate and provide guidance to children on the
access to sources of information in a safe manner conformable to children’s age
level and comprehensive development.
3. Facilitate children in stating their opinions and
expectations about family’s decisions and issues relating to children.
4. Do not obstruct
the children’s participation in suitable social activities, except for the
cases where the obstruction is made for the children’s best interests.
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(028) 3930 3279
DĐ:
0906 22 99 66
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Schools and educational establishments shall
discharge the following duties:
1. Organize and facilitate children
in participating in activities of Ho Chi Minh Young Pioneer Organization, the
Communist Youth Union of Ho Chi Minh City, children’s clubs, teams and groups
in schools and other educational establishments; extra-curricular activities
and social activities;
2. Provide information about
policies, laws and regulations on education in connection with pupils; announce
the information about educational and training plans, policies on the nurture
and contributions as regulated;
3. Facilitate children in proposing and stating
their opinions and expectations about teaching and learning quality; legitimate
rights and interests of children in education and issues of their concern;
4. Receive opinions, proposals and expectations of
children, and respond to those within their competence or submit them to
competent agencies or organizations for consideration and inform children of
results thereof.
Article 77. Organization
representing the voice of children
1. The Communist Youth Union of Ho Chi Minh City’s
Central Committee is the organization representing the voice of children and
functioned to supervise the exercise of children’s rights on the basis of
children’s opinions and expectations.
2. The organization representing the voice of
children shall discharge the following duties:
a) Get opinions and expectations of children;
facilitate children in contacting deputies of the National Assembly and
People’s Councils;
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(028) 3930 3279
DĐ:
0906 22 99 66
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c) Send children’s opinions and expectations to
competent authorities for handling;
d) Follow the handling of children’s opinions and
expectations and inform children of results thereof;
dd) Take the prime responsibility and coordinate
with relevant agencies and organizations to supervise the exercises of
children’s rights on the basis of children’s opinions and expectations;
e) Submit annual reports to the National Assembly’s
Committee for Culture, Education, Youth, Adolescents and Children and the
Ministry of Labour – Invalids and Social Affairs on the performance of
responsibilities for handling of children’s opinions and proposals by agencies
and organizations.
Article 78. Guarantee of
children’s participation in issues involving children
1. Agencies, organizations, educational
establishments, families and individuals shall ensure the children’s
participation in issues involving children regulated in Article 74 of this Law
and guarantee the following requirements:
a) Create a safe, friendly and fair environment for
children;
b) Provide sufficient information with suitable
contents about issues involving children and issues of children’s concern in
appropriate forms and methods;
c) Encourage the children’s participation; do not
victimize or discriminate against children while they state their opinions and
expectations;
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(028) 3930 3279
DĐ:
0906 22 99 66
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dd) Receive and respond to children’s opinions and
expectations, and those stated by the organization representing the voice of
children in a sufficient, timely, objective and honest manner.
2. People’s
committees at all levels shall take the prime responsibility and coordinate
with relevant agencies and organizations to organize annual talks for getting
children’s opinions and expectations about issues of their concern.
3. The Government shall promulgate regulations on
responsibilities of agencies, organizations, educational establishments,
families and individuals for the guarantee of children’s participation in
issues involving children.
Chapter VI
DUTIES OF AGENCIES,
ORGANIZATIONS, EDUCATION ESTABLISHMENTS, FAMILIES AND INDIVIDUALS TO THE
EXERCISE OF CHILDREN’S RIGHTS AND RESPONSIBILITIES
Section 1. DUTIES OF AGENCIES
AND ORGANIZATIONS
Article 79. Duties of the
National Assembly and people’s councils at all levels
1. The National Assembly and people’s councils of
provinces and districts shall, within their authority, make decisions on
socio-economic development plans, objectives, targets, policies and programs
for exercising the children’s rights; supervise the exercise of the children’s
rights as regulated by the law; allocate annual state budget for ensuring the
exercises of the children’s rights.
2. The Ethnic Council, the Committees of the
National Assembly shall coordinate with the National Assembly’s Committee for
Culture, Education, Youth, Adolescents and Children to consider and evaluate
issues involving children in bills, draft ordinances and resolutions of the
National Assembly and the Standing Committee of the National Assembly, and the
combination of objectives and targets of the exercise of the children’s rights
and the national socio-economic development plans; supervise the implementation
of policies and laws relating to children and the exercise of the children’s
rights.
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(028) 3930 3279
DĐ:
0906 22 99 66
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4. Deputies of the National Assembly and people’s
councils at all levels shall, on a regular and periodical basis, contact
children or their representatives; receive, deliver and supervise the handling
of proposals relating to children submitted by agencies or organizations.
Article 80. The Government
1. Carry out the consistent state management of
children; promulgate, within its authority, and organize the implementation of
policies, laws and programs involving children; ensure policies and measures
for cooperation between ministries, ministerial-level agencies, the
government-affiliated agencies and local government in the exercise of
children’s rights and the handling of issues involving children.
2. Ensure the establishment and implementation of
objectives and targets involving children in the national, sector and local
long-term, medium-term and annual socio-economic development plans as
regulated.
3. Direct ministries, ministerial-level agencies
and the government-affiliated agencies to take the prime responsibility and
cooperate, within their authority, in the inspection, handling of proposals,
complaints and denunciations, and taking of actions against acts in violation
of the children law.
4. Facilitate the organization representing the voice
of children in its performance of duties regulated in Clause 2 Article 77 of
this Law, and direct and appoint ministries, ministerial-level agencies, the
government-affiliated agencies and provincial people’s committees to coordinate
with this organization during the performance of its duties.
5. Submit annual or unscheduled reports to the
National Assembly on the results of the exercise of the children’s rights and
the performance of duties to children by ministries, ministerial-level
agencies, the government-affiliated agencies and local government.
Article 81. People’s Courts
and People’s Procuracies
1. People’s courts at all
levels shall always ensure the exercise of the children’s rights and
responsibilities, the consideration of children’s requests and the application
of judicial measures for handling acts in violation of the children’s rights,
taking actions against children violating the law and pronouncing ruling for
children or other judicial decisions involving children.
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(028) 3930 3279
DĐ:
0906 22 99 66
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3. People’s procuracies at all
levels shall always ensure the exercise of the children’s rights and
responsibilities, the consideration of children’s requests and the application
of judicial measures for exercising the right to prosecution and supervising
judicial activities for children or those involving children.
4. The Supreme People’s
Procurary shall provide guidance to the people’s procuracies on the exercise of
the right to prosecution and supervision of judicial activities for children or
those involving children which must ensure the best interests of children.
5. Provide training courses in
children’s rights, psychology and educational science relating to children to
judges, people’s jurors and procurators who institutes legal proceedings on
cases involving children.
Article 82. Ministry of Labor
– Invalids and Social Affairs
1. Assume responsibility
before the Government for the execution of the state management of children
affairs; organize the exercise of children’s rights; ensure the exercise of children’s
rights as assigned or authorized by the Government.
2. Submit written opinions
about issues involving children to the drafting board for bills, draft
ordinances and resolutions of the National Assembly and the Standing Committee
of the National Assembly and other legislative documents; propose the
combination of objectives and targets involving children in the national,
sector and local socio-economic development plans.
3. Take the prime
responsibility and coordinate with ministries, ministerial-level agencies, the
government-affiliated agencies, local government and the organization
representing the voice of children to prepare and submit annual or unscheduled
reports to the National Assembly on the exercise of children’s rights and the
performance of duties involving children by ministries, ministerial-level
agencies, the government-affiliated agencies and local government.
4. Take the prime
responsibility and coordinate with ministries, ministerial-level agencies, the
government-affiliated agencies and local government to prepare the national
report on the implementation of the United Nations Convention on the Rights of
the Child (or UNCRC).
5. Take the prime
responsibility and coordinate with ministries, ministerial-level agencies, the
government-affiliated agencies and local government to establish, guide and
organize the implementation of policies and laws on child protection and the
children’s participation in issues involving children.
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DĐ:
0906 22 99 66
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Article 83. Ministry of
Justice
1. Take the prime
responsibility and coordinate with the Supreme People’s Court, the Supreme
People’s Procuracy, and relevant ministries, ministerial-level agencies and the
government-affiliated agencies to protect children during the handling of
administrative violations.
2. Take the prime
responsibility and provide guidance on the birth registration, and respond to
issues involving children’s nationality and determination of children’s
parents.
3. Take the prime
responsibility and coordinate with relevant ministries, ministerial-level
agencies and government-affiliated agencies to execute the state management of
adoption.
4. Manage and guide the
performance of legal assistance for children, and their parents and caregivers
as regulated by the laws.
Article 84. Ministry of Health
1. Ensure the children’s
access to high-quality healthcare services in medical facilities in a fair
manner as regulated by the laws.
2. Provide guidance on the
preparation of age-based regular check-up records; take care of and give advice
on health and nutrition to pregnant women and children; carry out the
consultancy, screening, diagnosis and treatment before birth and after birth;
give advice and assistance to children to take care of their reproductive
health in conformity with their age.
3. Take the prime
responsibility and coordinate with relevant ministries, ministerial-level
agencies and government-affiliated agencies to provide healthcare services to
children with disabilities or injuries due to accidents and other disadvantaged
children.
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Mọi chi tiết xin liên hệ: ĐT:
(028) 3930 3279
DĐ:
0906 22 99 66
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5. Take the prime
responsibility and coordinate with Ministry of Labour – Invalids and Social
Affairs to provide guidance to children’s parents and caregivers on knowledge
and skills in healthcare, nutrition, hygiene and prevention of diseases for
pregnant women and children, especially children under 36 months of age.
Article 85. Ministry of
Education and Training
1. Ensure the exercise of
children’s rights and responsibilities in schools and other educational establishments;
formulate educational programs in conformity with each age level of children,
and ensure that such educational programs must meet requirements on the
comprehensive development of children; ensure that children must complete the
universalized education program and facilitate children in attending training
courses at higher levels.
2. Take the prime
responsibility and coordinate with relevant ministries, ministerial-level
agencies and government-affiliated agencies to formulate school’s standards for
establishing a safe, health and friendly educational environment and
regulations on school violence prevention and intervention, and submit them to
the Government for promulgating detailed regulations as stated in Clause 4
Article 44 of this Law.
3. Educate and disseminate
knowledge about children’s rights and responsibilities to pupils, teachers and
educational managers, and provide skills training for pupils.
4. Organize the implementation
of policies and laws, and apply suitable educational support measures to
disadvantaged children, ethnic minority children; practice inclusive education
for children with disabilities.
5. Take the prime
responsibility and coordinate with relevant ministries, ministerial-level
agencies and government-affiliated agencies to guide and organize the
performance of school healthcare for ensuring the child healthcare in schools
and other educational establishments, the education and comprehensive
development of children in the educational system; impose measures for preventing
children from accidents and injuries in schools and other educational
establishments.
6. Take the prime
responsibility and coordinate with relevant ministries, ministerial-level
agencies and government-affiliated agencies to establish policies on training
and improvement in talent for children; mobilize families and the society to
discover and assist children to develop their talent.
7. Provide guidance on the
children’s participation in schools and other educational establishments as
regulated in Article 76 of this Law.
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(028) 3930 3279
DĐ:
0906 22 99 66
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9. Manage and instruct the use
of equipment and toys in schools and other educational establishments within
their authority.
Article 86. Ministry of
Culture, Sports and Tourism
1. Ensure play and
recreational activities, cultural, arts, sports and tourist activities for
children.
2. Take the prime responsibility
and coordinate with the Communist Youth Union of Ho Chi Minh City’s Central
Committee to guide the development of sports and cultural facilities reserved
exclusively or made available for children.
3. Take the prime
responsibility and coordinate with relevant ministries, ministerial-level
agencies, government-affiliated agencies and the Communist Youth Union of Ho
Chi Minh City’s Central Committee to manage and guide the establishment of
cultural and arts programs, acts and products, and the composition of literary
and arts works; organize cultural, arts, sports and tourist events for children
and those involving children.
4. Take the prime
responsibility and coordinate with Ministry of Education and Training, Ministry
of Information and Communications, and Ministry of Labour – Invalids and Social
Affairs to provide guidance to children’s families on the exercise of
children’s rights and responsibilities; provide education to children in the
preservation and promotion of the national character and culture, and familial
traditional values; facilitate children in using their ethnic languages.
5. Take the prime
responsibility and coordinate with Ministry of Labour – Invalids and Social
Affairs to guide the guarantee of children’s participation in familial issues
as regulated in Article 75 of this Law.
Article 87. Ministry of
Information and Communications
1. Ensure that children may
access to information via information and communications channels; children’s
images and information about their privacy and personal secrecy on mails,
communications channels and other personal information exchange and storage
forms shall be protected.
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Mọi chi tiết xin liên hệ: ĐT:
(028) 3930 3279
DĐ:
0906 22 99 66
Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:
3. Manage and give guidance on
regulations on press, publishing, telecommunications, Internet, radio and
television broadcasting and other forms of information provision and
dissemination exclusive for children, those with the children’s participation,
and those involving children; protect children on the Internet environment, computer
network, telecommunications network, electronic devices and other means of
communications.
4. Take the prime
responsibility and cooperate with relevant ministries, ministerial-level
agencies and government-affiliated agencies, the Communist Youth Union of Ho
Chi Minh City’s Central Committee and Vietnam Journalists Association to
develop press activities, information and publications exclusive for children
and those with children’s participation; carry out measures for providing and
disseminating information about knowledge and skills in ensuring the exercise
of children’s rights and responsibilities to children’s families; provide for
proportion of contents, time, amount of time of radio and television
broadcasting, and publications for children as regulated in Clause 2 Article 46
of this Law.
Article 88. Ministry of Public
Security
1. Take the prime
responsibility and cooperate with Ministry of Labour – Invalids and Social
Affairs, the Communist Youth Union of Ho Chi Minh City’s Central Committee, Vietnam
Women’s Youth Union’s Central Committee and law enforcement agencies to guide
and organize the implementation of measures for preventing violence against
children, child exploitation, sexual abuse and trafficking, and crime relating
to children.
2. Guide and organize the
application of the principle of ensuring the exercise of children’s rights,
children’s requests and child protective measures in the course of proceedings
and handling of administrative violations to children who committed illegal acts,
are crime victims and testifiers; provide training courses in children’s
rights, psychology and educational science to police officers, officials of
reform schools and investigators who institute legal proceedings on cases
involving children.
3. Take the prime
responsibility and coordinate with relevant ministries, ministerial-level
agencies and government-affiliated agencies to prevent, manage and educate
children violating the law.
Article 89. Ministries,
ministerial-level agencies and government-affiliated agencies
1. Perform their powers and
duties relating to children as regulated by prevailing laws.
2. Submit annual or
unscheduled reports on the exercise of children’s rights, within the ambit of
their powers and duties, to Ministry of Labour – Invalids and Social Affairs
for summarizing and reporting to the Government.
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Mọi chi tiết xin liên hệ: ĐT:
(028) 3930 3279
DĐ:
0906 22 99 66
Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:
1. Carry out the state
management of children within their authority; organize the implementation of
policies, laws, plans and programs involving children; promulgate, within their
authority, policies and laws on the guarantee of the exercise of children’s
rights in conformity with local characteristics and conditions.
2. Direct and organize the
exercise of children’s rights; arrange and mobilize resources for ensuring the
exercise of children’s rights and protecting children as regulated in this Law;
organize and manage activities of child protective service providers within
their authority; appoint individuals in charge of child protection in their
authority areas; fulfill their duties as regulated in Clause 2 Article 45 of
this Law.
3. Submit annual reports to
people’s councils at same level on the exercise of children’s rights and
handling of issues involving children in their authority areas.
4. Communal people’s
committees assign specific duties to the exercise of children’s rights, and
appoint communal officials or non-specialized individuals to be in charge of
child protection affairs.
Article 91. The Vietnamese
Fatherland Front and its affiliated agencies
1. Supervise, criticize, and
give advice and proposals to state authorities to establish and implement
policies and laws relating to children, and allocate resources for ensuring the
children’s rights as regulated by the laws.
2. Propagate and mobilize
members and trade-unionists in their agencies and the whole community to
support and participate in the implementation of policies, programs, plans and
services for exercising children’s rights, and prevent acts infringing the
children’s rights.
3. Implement policies,
programs, plans and services for exercising children’s rights upon the
authorization and support granted by the Government, ministries,
ministerial-level agencies and government-affiliated agencies; bear the
inspection as regulated by the laws.
4. Apart from duties stated in
Clause 1, 2 and 3 of this Article, the Communist Youth Union of Ho Chi Minh
City’s Central Committee also discharge the following duties:
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(028) 3930 3279
DĐ:
0906 22 99 66
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b) Submit proposals to the Government about
conditions for fulfilling duties of the organization representing the voice of
children and supervising the exercise of children’s rights according to
children’s opinions and expectations;
c) Coordinate with Ministry of Labour – Invalids
and Social Affairs, relevant agencies and organizations, and provincial
people’s committees to guide the children’s participation in issues involving
children.
5. Apart from duties stated in
Clause 1, 2 and 3 of this Article, the Vietnam Women’s Youth Union’s Central Committee
must coordinate with the organization representing the voice of children to
supervise the guarantee of children’s rights and interests.
Article 92. Social
organizations
1. Mobilize their
members and the community to assist and participate in the establishment and
implementation of policies, laws, programs, plans and services for exercising
children’s rights, and prevent acts infringing the children’s rights.
2. Implement policies and
laws, and exercise the children’s rights in conformity with their principle,
objectives, duties and powers as regulated by the laws; receive and collect
information from their members and the community to respond, in a timely
manner, or suggest, or give advice to agencies, organizations, educational
establishments and individuals on the implementation of policies and laws.
3. Organize the provision of
services for exercising children’s rights upon the authorization and support
granted by the Government, local governments and regulatory bodies; bear the
inspection of their operation as regulated by the laws.
4. Apart from the
implementation of regulations in this Article, Vietnam Association for
Protection of Children’s Rights shall also contact and collect information and
proposals from social organizations and those of children for giving advice on
the establishment and implementation of policies and laws on children’s rights;
participate in the supervision of the exercise of children’s rights; give its
opinions and proposals to relevant agencies on issues involving children and
the violation of children law.
Article 93. Economic
organizations
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(028) 3930 3279
DĐ:
0906 22 99 66
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2. Employers must facilitate
their employees in fulfilling duties of children’s parents and caregivers as
regulated by the law.
3. Employers must facilitate
children in practicing as apprentices, and arrange works for children in
conformity with their capacity and age, the employer’s conditions and
regulations of the laws.
4. Make contribution to and
mobilize resources for exercising the children’s rights in conformity with the
capacity, conditions and development of economic organizations.
Article 94. Intersectoral
collaboration on children
1. Prime Minister shall
establish an organization conducting the intersectoral collaboration on
children in order to assist the Government and Prime Minister with study,
direction, cooperation, speeding up and regulation between ministries,
ministerial-level agencies and government-affiliated agencies; the coordination
between the Government and agencies of the National Assembly, the Supreme
People’s Court, the Supreme People’s Procuracy, Vietnamese Fatherland Front and
its affiliated agencies, social organizations, socio-professional
organizations; the coordination between local governments during the handling
of issues involving children and the exercise of children’s rights.
2. Chairpersons of people’s
committees at all levels shall, depending on actual demands and conditions in
their authority areas, establish organizations conducting intersectoral
collaboration on children in order to assist people’s committees and
chairpersons of people’s committees at same level in cooperating, expediting
and regulating the handling of issues involving children, and exercising
children’s rights in their authority areas.
Article 95. Children’s support
funds
1. Children’s support funds
are established to mobilize the voluntary contributions of domestic and foreign
agencies, organizations and individuals, international aids and funding from
state budget for performing children-related objectives which are prioritized
by the Government.
2. Children’s support funds
must mobilize, manage and use mobilized amount for legitimate purposes as
regulated by the laws.
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(028) 3930 3279
DĐ:
0906 22 99 66
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Article 96. Guarantee of
children’s right to live with their parent(s)
1. Parents, caregivers and
family members must facilitate children in living with their parent(s).
2. Parents, caregivers and family
members must comply with the laws and decisions made by competent agencies and
individuals on limitations on parental rights; separation of children from
their parent(s) for protecting children’s safety and achieving best interests
for children.
Article 97. Birth registration
Parents and caregivers must carry out birth
registration procedures for children on schedule as regulated by the laws.
Article 98. Education and care
of children
1. Parents, caregivers and
family members must take care of, nurture, manage and educate children; create
optimum conditions, depending on their capacity, for the continuous and
comprehensive development of children, especially children under 36 years of
age; contact and ask for guidance or support from relevant agencies,
organization and individuals during the performance of their duties to the
education and care of children.
2. Parents and caregivers must
ensure the best nutrition in conformity with children’s mental and physical
development at each age level.
3. Parents and caregivers must
carry out initial health care and prevention of diseases for children.
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(028) 3930 3279
DĐ:
0906 22 99 66
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5. Parents, guardians,
caregivers and family members must build comfortable, equal, progressive and
happy family; improve knowledge and skills in nurturing, caring and educating
children, and create a health environment for the comprehensive development of
children.
Article 99. Guarantee of
children’s rights to study, talent development, play and recreational
activities, cultural, arts, sports and tourist activities
1. Parents, teachers,
caregivers and family members must be examples for children; improve knowledge and
skills in educating children on morals, dignity, children’s rights and
responsibilities; create a healthy environment for the comprehensive
development of children.
2. Parents, teachers and
caregivers must guarantee the children’s rights to study, and facilitate
children in completing universalized education programs as regulated by the
laws and attending training course at higher level.
3. Parents, teachers and
caregivers discover, encourage, improve and develop children’s talent.
4. Parents, teachers and
caregivers must facilitate children in participating in play and recreational
activities, cultural, arts, sports and tourist activities suitable for
children’s age.
Article 100. Protection of
human life, body, dignity, honor and privacy of children
1. Parents, teachers,
caregivers and family members shall discharge the following duties:
a) Improve knowledge and skills in educating
children on morals, dignity, children’s rights and responsibilities, create a
safe environment for children and prevent children from accidents and injuries;
prevent children from falling into disadvantaged circumstances, being abuse or
prone to child abuse;
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(028) 3930 3279
DĐ:
0906 22 99 66
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c) Ensure the children’s exercise of children’s
right to keep privacy and personal secrecy, except for the cases where actions
are made for protecting children and for the best interests of children.
2. Parents, teachers,
caregivers and individuals practicing medical examination and treatment shall
be responsible for discovering, denouncing and reporting to competent agencies
and individuals of acts harming children, cases where children are abused or
threatened to be abused inside and outside children’s families.
3. Parents and guardians of
children must themselves or hire defense counsels to defense for children
during the proceeding as regulated by the laws.
Article 101. Guarantee of
children’s civil rights
1. Parents, guardians and
family members are responsible for protecting lawful rights and interests of
children; acting as children’s representatives in civil transactions as
regulated by the laws; and shall be liable for illegal civil transactions
carried out by children.
2. Parents and guardians must
preserve and manage property of children, and hand over such property to
children as regulated by the laws.
3. Child’s parent(s) or
guardian must compensate for damage caused by acts of such child to other
persons as regulated by the laws.
Article 102. Management and
education of children on the exercise of children’s rights and responsibilities
1. Parents, teachers,
caregivers and family members must manage, educate and assist children to
understand and exercise children’s rights and responsibilities regulated in
Chapter II of this Law.
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(028) 3930 3279
DĐ:
0906 22 99 66
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Chapter VII
IMPLEMENTATION
Article 103. Effect
1. This Law comes into force
from June 01, 2017.
2. The Law on child
protection, care and education No. 25/2004/QH11 shall be null and voids from
the effective date of this Law.
Article 104. Transitional
provision
Child protective service providers which have been
established or whose operation registration certificates have been issued by
competent state authorities before the effective date of this Law must not
carry out establishment or re-registration procedures.
Article 105. Taking action
against violations
Agencies, organizations and individuals violating
the regulations of this Law shall, subject to the nature and level of their
violations, be disciplined, face administrative penalties or criminal
prosecution as regulated by the laws.
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(028) 3930 3279
DĐ:
0906 22 99 66
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The Government shall elaborate assigned articles
and clauses in this Law.
This Law is ratified by the 13th National
Assembly of the Socialist Republic of Vietnam during the 11th
session dated April 05, 2016.
PRESIDENT OF
THE NATIONAL ASSEMBLY
Nguyen Thi Kim Ngan
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