Child Law (Vietnamese Children’s Law).

Based on the Constitution of the Socialist Republic of Vietnam;
The National Assembly promulgates the Law on Children.
Chapter I

GENERAL PROVISIONS

Article 1. Children
Children are persons under 16 years of age.
Article 2. Scope of Regulation
This Law regulates the rights and duties of children; principles and measures to ensure the implementation of children’s rights; responsibilities of agencies, organizations, educational institutions, families, and individuals in implementing the rights and duties of children.
Article 3. Subjects of Application
State agencies, political organizations, socio-political organizations, socio-political-professional organizations, social organizations, socio-professional organizations, economic organizations, public service units, people’s armed forces units, educational institutions, families, Vietnamese citizens; international organizations, foreign organizations operating in the territory of Vietnam, foreigners residing in Vietnam (hereinafter collectively referred to as agencies, organizations, educational institutions, families, individuals).
Article 4. Interpretation of Terms
In this Law, the following terms are understood as follows:
1. Child protection means the implementation of appropriate measures to ensure that children live safely and healthily; prevention, stoppage, and handling of acts of harming children; assistance to children in special circumstances.
2. Comprehensive development of children means simultaneous development in physical, intellectual, mental, moral, and social relations of children.
3. Alternative care means the organization, family, or individual receiving children for care and nurture when children no longer have parents; children cannot or are not allowed to live with their biological father or mother; children affected by natural disasters, catastrophes, armed conflicts to ensure the safety and best interests of children.
4. Child caregiver means a person responsible for caring for children, including the child’s guardian; a person receiving alternative care or a person assigned responsibility together with the child’s parents for support, care, and protection of the child.
5. Child abuse means acts causing harm to the physical, emotional, psychological, honor, and dignity of children in forms of violence, exploitation, sexual abuse, trafficking, abandonment, neglect of children, and other forms of harm.
6. Child violence means acts of torture, mistreatment, beating; harming the body and health; insulting and offending honor and dignity; isolation, expulsion, and other intentional acts causing physical and mental harm to children.
7. Child exploitation means acts of forcing children to work in violation of labor laws; performing or producing pornographic products; organizing or supporting tourism activities for the purpose of sexually abusing children; giving, receiving, or providing children for prostitution and other acts using children for profit.
8. Sexual abuse of children means the use of force, threat of force, coercion, enticement, or inducement of children to engage in sexual acts, including rape, forced sexual intercourse, sexual intercourse, lewd acts with children, and using children for prostitution and pornography in all forms.
9. Abandonment and neglect of children means acts of parents or child caregivers failing to perform or fully perform their obligations and responsibilities in caring for and nurturing children.
10. Children in special circumstances means children who do not have sufficient conditions to exercise their rights to life, protection, care, nurture, and education, requiring special support and intervention from the State, family, and society to ensure safety and community integration.
11. Monitoring the implementation of children’s rights according to the opinions and wishes of children means reviewing and evaluating the activities of relevant agencies, organizations, and individuals regarding their responsibility to ensure the implementation of children’s rights and resolving the opinions and recommendations of children, ensuring the best interests of children.
Article 5. Principles for Ensuring the Implementation of Children’s Rights and Duties
1. Ensure that children fully exercise their rights and duties.
2. No discrimination against children.
3. Ensure the best interests of children in decisions concerning children.
4. Respect, listen to, consider, and respond to the opinions and wishes of children.
5. When formulating policies and laws affecting children, the opinions of children and relevant agencies and organizations must be considered; ensure the integration of objectives and targets related to children into national, sectoral, and local socio-economic development planning and plans.
Article 6. Prohibited Acts
1. Depriving children of their right to life.
2. Abandoning, neglecting, trafficking, kidnapping, swapping, or seizing children.
3. Sexually abusing, committing violence against, abusing, or exploiting children.
4. Organizing, supporting, inciting, or forcing children into early marriage.
5. Using, enticing, inciting, stimulating, taking advantage of, luring, inducing, or forcing children to commit law violations or offend the honor and dignity of others.
6. Obstructing children from exercising their rights and duties.
7. Failing to provide or concealing, obstructing the provision of information about abused children or children at risk of exploitation or violence to families, educational institutions, competent agencies, or individuals.
8. Discriminating against or treating children differently due to personal characteristics, family circumstances, gender, ethnicity, nationality, belief, or religion.
9. Selling alcohol, beer, tobacco, narcotics, stimulants, unsafe or harmful food to children or allowing children to use them.
10. Providing Internet services and other services; producing, copying, distributing, operating, disseminating, possessing, transporting, storing, trading publications, toys, games, and other products for children but containing content harmful to the healthy development of children.
11. Publicizing or disclosing information about the private life and personal secrets of children without the consent of children aged 07 years or older and their parents or guardians.
12. Taking advantage of alternative care for children to abuse children; taking advantage of the regime and policies of the State and support from organizations and individuals for children for profit.
13. Locating service establishments, production facilities, or warehouses containing goods causing environmental pollution, toxicity, or direct risk of fire or explosion near child protection service facilities, educational institutions, medical facilities, cultural facilities, or children’s play and entertainment areas, or locating child protection service facilities, educational institutions, medical facilities, cultural facilities, or children’s play and entertainment areas near service establishments, production facilities, or warehouses containing goods causing environmental pollution, toxicity, or direct risk of fire or explosion.
14. Encroaching upon or using infrastructure for learning, play, entertainment, and child protection services for improper purposes or in violation of law.
15. Refusing, failing to perform, or failing to fully and promptly perform support, intervention, or treatment for children at risk or in dangerous situations, suffering physical or dignity harm.
Article 7. Resources for Ensuring the Implementation of Children’s Rights and Child Protection
1. The State ensures resources for implementing objectives and targets related to children in national, sectoral, and local socio-economic development planning and plans; prioritizes resource allocation for child protection and ensuring the implementation of children’s rights.
2. Financial resources for implementing children’s rights include the state budget; contributions from domestic and foreign agencies, organizations, families, and individuals; revenue from service provision activities; international aid, and other lawful sources.
3. The State has solutions on human resources and ensures conditions for implementing children’s rights; develops a network of persons assigned to child protection work at all levels, prioritizes the allocation of personnel for child protection work at the commune level, and mobilizes resources to develop a network of child protection collaborators at villages, hamlets, wards, residential groups, residential quarters, and neighborhoods.
Article 8. Contents of State Management of Children
1. Submitting to competent state agencies or promulgating according to authority normative legal documents and directing and organizing the implementation of normative legal documents on children.
2. Developing and organizing the implementation of national strategies, policies, and objectives on children.
3. Guiding agencies, organizations, educational institutions, families, and individuals on measures, procedures, and standards to ensure the implementation of children’s rights as prescribed by law.
4. Propaganda and education on the law on children; communication, dissemination of knowledge and skills, and social mobilization to implement children’s rights.
5. Building, training, and retraining cadres, civil servants, public employees, persons assigned to child protection work, child caregivers, and the network of child protection collaborators to implement children’s rights.
6. Inspection and examination of the implementation of the law on children; handling complaints and denunciations and dealing with violations of the law on children; resolving and urging the resolution of opinions and recommendations of children, guardians, and organizations representing the voice and wishes of children.
7. Performing statistics, information, and reporting on the situation of children and the implementation of the law on children to competent state agencies.
8. International cooperation on the implementation of children’s rights.
Article 9. Coordination Responsibilities in Implementing Children’s Rights and Duties
1. Ministries, ministerial-level agencies, and government-attached agencies coordinate with the state management agency on children and relevant agencies and organizations in performing inspection, examination, handling recommendations, complaints, denunciations, and dealing with violations of the law on children.
2. Agencies, organizations, educational institutions, families, and individuals are responsible for ensuring the implementation of children’s rights and duties; supporting and creating conditions for children to exercise their rights and duties as prescribed by law; coordinating and exchanging information during implementation.
3. Socio-political organizations and social organizations are responsible for coordinating with the state management agency on children in performing tasks related to children.
Article 10. Children in Special Circumstances
1. Children in special circumstances include the following groups:
a) Orphans without both parents;
b) Abandoned children;
c) Children without a place to rely on;
d) Children with disabilities;
đ) Children infected with HIV/AIDS;
e) Children violating the law;
g) Children addicted to drugs;
h) Children who have to drop out of school to earn a living without completing lower secondary education;
i) Children suffering serious physical and mental harm due to violence;
k) Exploited children;
l) Sexually abused children;
m) Trafficked children;
n) Children suffering from serious illnesses or requiring long-term treatment belonging to poor or near-poor households;
o) Migrant children, refugee children, asylum-seeking children whose parents cannot be identified or who have no caregivers.
2. The Government shall detail the groups of children in special circumstances and appropriate support policies for each group of children in special circumstances.
Article 11. Child Action Month
1. Child Action Month is organized in June every year to promote the movement of the entire people to care for, educate, and protect children; propagate, disseminate, and mobilize agencies, organizations, educational institutions, families, and individuals to implement policies, programs, plans, projects, build facilities, and mobilize resources for children.
2. The Ministry of Labor, Invalids and Social Affairs shall preside over and coordinate with relevant agencies and organizations to direct, organize, and guide the implementation of Child Action Month.
Chapter II

RIGHTS AND DUTIES OF CHILDREN

Section 1. RIGHTS OF CHILDREN
Article 12. Right to Life
Children have the right to life protection and the best conditions for living and development.
Article 13. Right to Birth Registration and Nationality
Children have the right to birth and death registration, to have a surname and given name, to have nationality; to have their father, mother, ethnicity, and gender determined as prescribed by law.
Article 14. Right to Healthcare
Children have the right to the best healthcare and priority access to and use of preventive and medical examination and treatment services.
Article 15. Right to Care and Nurture
Children have the right to care and nurture for comprehensive development.
Article 16. Right to Education, Learning, and Talent Development
1. Children have the right to education and learning for comprehensive development and to best promote their potential.
2. Children are equal in learning and education opportunities; have the right to develop talents, aptitudes, creativity, and inventions.
Article 17. Right to Recreation and Entertainment
Children have the right to recreation and entertainment; are equal in opportunities to participate in cultural, artistic, physical training, sports, and tourism activities appropriate to their age.
Article 18. Right to Preserve and Promote Identity
1. Children have the right to respect for their personal characteristics and values appropriate to their age and ethnic culture; to have family relationships recognized.
2. Children have the right to use their ethnic language and script, preserve their identity, and promote the fine traditions, customs, and cultural practices of their ethnic group.
Article 19. Right to Freedom of Belief and Religion
Children have the right to freedom of belief and religion, to follow or not follow any religion, and must be ensured safety for their best interests.
Article 20. Right to Property
Children have the right to own, inherit, and other rights to property as prescribed by law.
Article 21. Right to Privacy
1. Children have the inviolable right to private life, personal secrets, and family secrets for their best interests.
2. Children are protected by law regarding their honor, dignity, reputation, correspondence, telephone, telegraph, and other private communication forms; are protected against unlawful interference with private information.
Article 22. Right to Live with Parents
Children have the right to live with their parents; to be protected, cared for, and educated by both parents, except in cases of separation from parents as prescribed by law or for the best interests of children.
When separation from parents is necessary, children are assisted to maintain contact and relationships with parents and family, except where such contact and relationships are not in the best interests of children.
Article 23. Right to Reunion, Contact, and Communication with Parents
Children have the right to know their biological father and mother, except where it affects the best interests of children; to maintain contact or communication with both parents when children and parents reside in different countries or when detained or deported; to be facilitated for exit and entry to reunite with parents; to be protected against being taken abroad illegally; to be provided information when parents are missing.
Article 24. Right to Alternative Care and Adoption
1. Children are entitled to alternative care when they no longer have parents; cannot or are not allowed to live with their biological father or mother; are affected by natural disasters, catastrophes, armed conflicts for their safety and best interests.
2. Children are entitled to adoption as prescribed by the law on adoption.
Article 25. Right to Protection against Sexual Abuse
Children have the right to protection in all forms to avoid sexual abuse.
Article 26. Right to Protection against Labor Exploitation
Children have the right to protection in all forms to avoid labor exploitation; not to work before the legal age, beyond working hours, or in heavy, hazardous, or dangerous jobs as prescribed by law; not to be assigned jobs or workplaces that adversely affect their personality and comprehensive development.
Article 27. Right to Protection against Violence, Abandonment, and Neglect
Children have the right to protection in all forms to avoid violence, abandonment, and neglect causing harm to their comprehensive development.
Article 28. Right to Protection against Trafficking, Kidnapping, Swapping, and Seizure
Children have the right to protection in all forms to avoid trafficking, kidnapping, swapping, and seizure.
Article 29. Right to Protection from Narcotics
Children have the right to protection from all forms of illegal use, production, transportation, purchase, sale, and storage of narcotics.
Article 30. Right to Protection in Proceedings and Administrative Sanction Handling
Children have the right to protection during proceedings and administrative sanction handling; to ensure the right to defense and self-defense, protection of legitimate rights and interests; legal aid, presentation of opinions, no unlawful deprivation of liberty; no torture, coercion, corporal punishment, humiliation of honor and dignity, bodily infringement, or psychological pressure and other forms of abuse.
Article 31. Right to Protection in Natural Disasters, Catastrophes, Environmental Pollution, and Armed Conflicts
Children have the right to priority protection and assistance in all forms to escape the impact of natural disasters, catastrophes, environmental pollution, and armed conflicts.
Article 32. Right to Social Security
Vietnamese citizen children are entitled to social security as prescribed by law appropriate to the socio-economic conditions where children live and the conditions of their parents or caregivers.
Article 33. Right to Access Information and Participate in Social Activities
Children have the right to timely and adequate access to information; to seek and receive information in all forms as prescribed by law and to participate in social activities appropriate to their age, maturity level, needs, and capacity.
Article 34. Right to Express Opinions and Assemble
Children have the right to express opinions and wishes on issues related to children; to freely assemble as prescribed by law appropriate to their age, maturity level, and development; to have agencies, organizations, educational institutions, families, and individuals listen to, receive, consider, and respond to legitimate opinions and wishes.
Article 35. Rights of Children with Disabilities
Children with disabilities are entitled to all rights of children and rights of persons with disabilities as prescribed by law; to receive special support, care, and education for functional rehabilitation, self-reliance development, and social integration.
Article 36. Rights of Stateless Children, Refugee Children, and Asylum-Seeking Children
Stateless children residing in Vietnam, refugee children, and asylum-seeking children are entitled to protection and humanitarian assistance, to search for parents and family as prescribed by Vietnamese law and international treaties to which the Socialist Republic of Vietnam is a party.
Section 2. DUTIES OF CHILDREN
Article 37. Duties of Children toward Family
1. Respect, politeness, and filial piety toward grandparents and parents; love, care, and share emotions and wishes with parents and family members, lineage.
2. Study, train, maintain family traditions, and assist parents and family members in tasks appropriate to their age, gender, and development.
Article 38. Duties of Children toward Schools, Social Assistance Facilities, and Other Educational Institutions
1. Respect teachers, staff, and employees of schools, social assistance facilities, and other educational institutions.
2. Love, unite, share difficulties, respect, and help friends.
3. Train in ethics, self-study spirit, perform learning and training tasks according to the school’s or other educational institution’s program and plan.
4. Preserve and protect property and fully comply with the internal regulations and rules of schools, social assistance facilities, and other educational institutions.
Article 39. Duties of Children toward Community and Society
1. Respect and politeness toward the elderly; care for and help the elderly, persons with disabilities, pregnant women, young children, and people in difficult circumstances appropriate to their ability, health, and age.
2. Respect the rights, honor, and dignity of others; comply with traffic safety regulations and social order and safety; protect, preserve, and use property and resources, protect the environment appropriate to their ability and age.
3. Detect, report, inform, and denounce law violations.
Article 40. Duties of Children toward Homeland and Country
1. Love the homeland and country, love fellow countrymen, have a sense of building and protecting the Fatherland; respect national historical traditions; preserve ethnic identity, promote fine customs, practices, traditions, and culture of the homeland and country.
2. Comply with and observe the law; unite, cooperate, and interact with international friends and children appropriate to their age and development stage.
Article 41. Duties of Children toward Themselves
1. Be responsible for themselves; not harm their body, honor, dignity, or property.
2. Live honestly and modestly; maintain hygiene and physical training.
3. Study diligently, not arbitrarily drop out of school, not leave home to live as street children.
4. Not gamble; not buy, sell, use alcohol, beer, tobacco, narcotics, or other stimulants.
5. Not use, exchange products with violent or obscene content; not use toys or play games harmful to their healthy development.
Chapter III

CARE AND EDUCATION OF CHILDREN

Article 42. Ensuring Care and Nurture of Children
1. The State has policies on subsidies, assistance, and promulgation of standards and norms for care and nurture of children by age and children in special circumstances.
2. The State encourages agencies, organizations, families, and individuals to participate in assistance and care for children and children in special circumstances; supports land, taxes, and credit for organizations and individuals providing child care and nurture services as prescribed by law.
Article 43. Ensuring Healthcare for Children
1. The State has policies appropriate to socio-economic development conditions in each period to support and ensure all children have access to quality and equitable healthcare services, prioritizing children in special circumstances, children from poor or near-poor households, ethnic minority children, children living in border communes, mountainous areas, islands, and communes with particularly difficult socio-economic conditions.
2. The State ensures the implementation of measures for periodic health monitoring of pregnant women and children by age; nutritional care, primary healthcare, and immunization for children; prevention and control of child accidents and injuries; counseling and support for children in reproductive health and sexual health care appropriate to their age as prescribed by law.
3. Priority counseling, protection, and care for health and nutrition of pregnant women, mothers nursing children under 36 months, and children, especially children under 36 months and abused children, appropriate to socio-economic development conditions in each period.
4. The State has policies and measures for prenatal and neonatal counseling, screening, diagnosis, and treatment; reducing child mortality, especially neonatal mortality; eliminating harmful customs and practices affecting children’s health.
5. The State pays or supports payment of health insurance for children as prescribed by health insurance law appropriate to age, target groups, and socio-economic development conditions in each period.
6. The State has policies and measures to ensure children access hygienic water sources and basic sanitation conditions, ensuring food safety as prescribed by law.
7. The State encourages agencies, organizations, families, and individuals to support and invest resources for child health protection and care, prioritizing children in special circumstances.
Article 44. Ensuring Education for Children
1. The State has support policies to ensure all children attend school, minimize school dropout; support policies for children in special circumstances, children from poor or near-poor households, ethnic minority children, children living in border communes, mountainous areas, islands, and communes with particularly difficult socio-economic conditions to access universal education, inclusive education, vocational training, and job introduction appropriate to their age and labor law.
2. The State prioritizes investment in education, ensures equal opportunities for all children to access education; inclusive education for children with disabilities; policies on tuition exemption and reduction for different groups of children appropriate to socio-economic development conditions in each period.
3. Educational programs and contents must be appropriate to each age group and target group of children, ensure quality, meet comprehensive development requirements and integration requirements; focus on education in national historical traditions and culture and personality, life skills, talents, and aptitudes development; sex education and reproductive health for children.
4. The State regulates a safe, healthy, friendly educational environment and prevention of school violence.
5. The State has appropriate policies for universal preschool education for 5-year-old children and support policies for preschool education for children appropriate to socio-economic development conditions in each period; encourages and attracts other investment sources for education and training development.
Article 45. Ensuring Conditions for Recreation, Entertainment, Cultural, Artistic, Sports, and Tourism Activities for Children
1. The State has support policies for creative activities in cultural and artistic works; develops cultural and sports facilities for children; prioritizes children in using recreation, entertainment, sports, tourism services, and visiting historical sites and scenic spots.
2. People’s Committees at all levels are responsible for planning and planning land use, allocating land funds, and investing in building recreation, entertainment, cultural, artistic, and sports facilities for children; ensuring conditions, time, and appropriate timing for children to participate in activities at grassroots cultural and sports facilities.
3. The State creates conditions for children to preserve and promote ethnic identity and fine culture and use their ethnic language.
4. The State encourages organizations, families, and individuals to support, invest, and build facilities for children’s recreation and entertainment; encourages creativity and production of safe, healthy toys and games with ethnic cultural identity for children.
Article 46. Ensuring Information and Communication for Children
1. The State ensures children have access to full and timely information, express opinions and wishes, learn, and exchange knowledge through appropriate information and communication channels.
2. Information and publishing agencies must allocate appropriate content ratios, time slots, and broadcasting durations on radio, television, and publications for children. Information, toys, games, radio and television programs, art, and cinema with content inappropriate for children must be announced or clearly marked with the age restriction.
3. The State encourages the development of information and communication appropriate to the comprehensive development of children; production and dissemination of content and information with appropriate duration for ethnic minority children.
Chapter IV

CHILD PROTECTION

Section 1. LEVELS OF CHILD PROTECTION AND IMPLEMENTATION RESPONSIBILITIES
Article 47. Child Protection Requirements
1. Child protection is implemented at the following three levels:
a) Prevention;
b) Support;
c) Intervention.
2. Child protection must ensure systematicity, continuity, close and effective coordination among levels and sectors in developing and implementing policies, laws, and providing child protection services.
3. Agencies, organizations, educational institutions, families, and individuals are responsible for child protection. Child protection must comply with law provisions, procedures, and standards promulgated by competent state agencies.
4. Children are prioritized for protection at home and in alternative care families. Placement of children in social assistance facilities is a temporary measure when family care or alternative family care cannot be implemented or for the best interests of children.
5. Parents, child caregivers, and children must be provided with information and participate in giving opinions to competent agencies and individuals in making intervention and support decisions to protect children.
6. Emphasis is placed on prevention and mitigation of risks of harm to children; timely intervention and resolution to minimize consequences; active support for recovery and community reintegration for children in special circumstances.
Article 48. Prevention Level
1. The prevention level includes protective measures applied to communities, families, and all children to raise awareness, equip knowledge on child protection, build a safe and healthy living environment for children, and minimize risks of child abuse or falling into special circumstances.
2. Child protection measures at the prevention level include:
a) Propaganda and dissemination to communities, families, and children about dangers and consequences of harmful factors and acts against children; responsibility to detect and report cases of abused children or children at risk of violence, exploitation, or abandonment;
b) Provision of information and equipping knowledge for parents, teachers, child caregivers, and persons working in child protection service facilities about child protection responsibilities and skills to prevent and detect harmful factors and acts against children;
c) Equipping knowledge and parenting skills to ensure child safety;
d) Education and counseling on self-protection knowledge and skills for children;
đ) Building a safe and child-friendly living environment.
Article 49. Support Level
1. The support level includes protective measures applied to children at risk of violence, exploitation, or abandonment or children in special circumstances to promptly detect, mitigate, or eliminate risks of harm to children.
2. Child protection measures at the support level include:
a) Warning about risks of child abuse; counseling knowledge, skills, and intervention measures to eliminate or mitigate risks of child abuse for parents, teachers, child caregivers, persons working in child protection service facilities, and children to re-establish a safe living environment for children at risk of abuse;
b) Receiving information, assessing the level of harm, applying necessary measures to support children at risk of violence, exploitation, or abandonment to eliminate or mitigate risks of violence, exploitation, or abandonment;
c) Supporting children in special circumstances as prescribed by this Law;
d) Supporting children in special circumstances and their families to access social assistance policies and other support sources to improve children’s living conditions.
Article 50. Intervention Level
1. The intervention level includes protective measures applied to children and their families who are abused to stop abusive acts; support care for recovery and community reintegration for children in special circumstances.
2. Child protection measures at the intervention level include:
a) Medical care, psychological therapy, physical and mental recovery for abused children and children in special circumstances requiring intervention;
b) Arranging safe temporary accommodation and isolating children from threatening environments or persons committing violence or exploiting children;
c) Arranging temporary or long-term alternative care for children specified in Clause 2, Article 62 of this Law;
d) Family reunification and school and community integration for children who have suffered violence, exploitation, or abandonment;
đ) Counseling and providing knowledge to parents, child caregivers, and family members of children in special circumstances about responsibilities and skills in protecting, caring for, and integrating education for children in this group;
e) Counseling, providing legal knowledge, and legal support for parents, child caregivers, and children in special circumstances;
g) Support measures for abused children and their families as specified in Clause 1, Article 43, Clause 1, Article 44, and Point d, Clause 2, Article 49 of this Law;
h) Monitoring and evaluating the safety of abused children or children at risk of abuse.
Article 51. Responsibilities for Providing, Handling Information, Reporting, and Denouncing Acts of Child Abuse
1. Agencies, organizations, educational institutions, families, and individuals are responsible for reporting, informing, and denouncing acts of child abuse or cases of abused children or children at risk of violence, exploitation, or abandonment to competent authorities.
2. Labor, Invalids and Social Affairs agencies at all levels, police agencies at all levels, and commune-level People’s Committees are responsible for receiving and handling information, reports, and denunciations; coordinating verification, assessment, and investigation of abusive acts, unsafe situations or harm, and the level of risk of harm to children.
3. The Government establishes a permanent national hotline to receive and handle information, reports, and denunciations of risks and acts of child abuse; regulates the procedures for receiving and handling information, reports, and denunciations of child abuse.
Article 52. Support and Intervention Plans
1. Support and intervention plans are developed to organize the implementation of one or more measures at the support level and intervention level specified in Articles 49 and 50 of this Law for each case of abused children or children at risk of violence, exploitation, or abandonment and children in special circumstances.
2. Commune-level People’s Committees where children reside preside over and coordinate with agencies, organizations, and individuals responsible for child protection to organize the development, approval, and implementation of support and intervention plans; allocate resources, assign individuals and organizations to implement, coordinate implementation, and inspect plan implementation.
3. In cases where children are abused or at risk of violence, exploitation, or abandonment by parents or child caregivers; abused children whose parents or caregivers refuse to implement support and intervention plans, the Chairman of the commune-level People’s Committee and the district-level Labor, Invalids and Social Affairs agency propose to the competent Court to issue a decision restricting parental or caregiver rights or temporarily isolating children from parents or caregivers and applying alternative care measures.
4. The Government shall detail this Article.
Article 53. Responsibilities of Commune-level Child Protection Workers
1. Assess risks and identify protection needs of children.
2. Participate in the process of developing and implementing support and intervention plans for children in special circumstances, abused children, or children at risk of violence, exploitation, or abandonment.
3. Counsel, provide information, and guide children, parents, and child caregivers to access child protection services, social assistance, healthcare, education, legal aid, and other support sources.
4. Counsel knowledge and skills on child protection for children, parents, child caregivers, and community members.
5. Recommend alternative care measures and monitor implementation.
6. Support children violating the law, child victims, and child witnesses in proceedings, administrative sanction handling, recovery, and community reintegration as prescribed in Article 72 of this Law.
Article 54. Responsibilities for Child Protection in Cyberspace
1. Relevant agencies and organizations are responsible for propaganda, education, and protection of children when participating in cyberspace in all forms; parents, teachers, and child caregivers are responsible for educating knowledge and guiding skills for children to self-protect when participating in cyberspace.
2. Agencies, organizations, and individuals managing and providing information and communication products and services and organizing activities in cyberspace must implement measures to ensure safety and privacy of children’s private life as prescribed by law.
3. The Government shall detail this Article.
Section 2. CHILD PROTECTION SERVICE FACILITIES
Article 55. Types of Child Protection Service Facilities
1. Child protection service facilities are facilities established by agencies, organizations, or individuals as prescribed by law; with functions and tasks to perform or coordinate and support the implementation of one or more child protection measures at the prevention, support, and intervention levels specified in Articles 48, 49, and 50 of this Law.
2. Child protection service facilities are organized into public and non-public types.
3. Child protection service facilities include:
a) Facilities with specialized functions and tasks providing child protection services;
b) Facilities with partial functions and tasks providing child protection services.
Article 56. Conditions for Establishment and Registration of Operation of Child Protection Service Facilities
Child protection service facilities are established and registered for operation when meeting the following conditions:
1. Have a charter and purpose of operation for the best interests of children;
2. Have operational contents aimed at implementing one or more child protection measures specified in Articles 48, 49, and 50 of this Law;
3. Have a representative who is a Vietnamese citizen with full civil act capacity, good moral qualities, knowledge and understanding of children and child protection, not subject to criminal prosecution or administrative sanction for child abuse acts;
4. Have material facilities, equipment, financial resources, and human resources meeting the objectives, requirements, and scope of operation as prescribed by competent state agencies.
Article 57. Authority to Establish and Grant Operation Registration for Child Protection Service Facilities
1. Ministries, ministerial-level agencies, and government-attached agencies, within their assigned tasks and powers, establish public child protection service facilities under their management and grant operation registration to other child protection service facilities with operations in multiple provinces; preside over and coordinate with the Ministry of Labor, Invalids and Social Affairs in promulgating or submitting to competent authorities for promulgation and guiding the implementation of planning and plans for development of child protection service facilities; develop procedures and standards for providing child protection services in their management fields and inspect, examine, and handle violations as prescribed by law.
2. Provincial-level People’s Committees establish public child protection service facilities and grant operation registration to other child protection service facilities with operations in the province; preside over and coordinate with relevant agencies in developing and directing the implementation of general planning for types of child protection service facilities in the locality to ensure suitability with actual needs.
3. District-level People’s Committees establish public child protection service facilities and grant operation registration to other child protection service facilities with operations in the district.
Article 58. Operation of Child Protection Service Facilities
1. Child protection service facilities operate according to registered contents and ensure the following requirements:
a) Requirements specified in Article 47 of this Law;
b) Compliance with child protection service provision procedures and standards promulgated by competent state agencies;
c) Receipt, provision of child protection services, and transfer of children and service provision results between child protection service facilities for the safety and best interests of children;
d) Subject to professional guidance, inspection, and examination by competent state agencies;
đ) Keep confidential information related to abused children, except where information must be provided at the request of competent agencies or individuals.
2. Child protection service facilities may receive financial and in-kind support from domestic and foreign agencies, organizations, and individuals as prescribed by law to implement child protection measures.
Article 59. Suspension and Termination of Operation of Child Protection Service Facilities
1. Child protection service facilities violating one of the following contents shall, depending on the nature and severity of the violation, be suspended, terminated, or partially suspended or terminated:
a) Failure to meet conditions specified in Article 56 of this Law or provisions of law in the field of operation;
b) Serious violation of children’s rights;
c) Misuse of operational funding or facilities.
2. Child protection service facilities shall be terminated or partially terminated when the suspension period expires without remedying the causes and consequences leading to suspension.
3. State agencies with authority to establish or grant operation registration to child protection service facilities have the right to suspend or terminate the operation of such facilities.
Section 3. ALTERNATIVE CARE
Article 60. Requirements for Alternative Care Implementation
1. Must be based on the needs, circumstances, gender, ethnicity, religion, and language of children and ensure children’s rights.
2. Ensure safety for children, stability, continuity, and attachment between children and their caregivers.
3. Consider opinions, wishes, emotions, and attitudes of children appropriate to their age and maturity level; for children aged 07 years or older, their opinions must be obtained.
4. Prioritize alternative care by relatives. In cases where children have siblings, priority is given to living together.
5. Ensure maintenance of contact and family reunification with children when conditions are met, except where such contact and reunification do not ensure safety or are not in the best interests of children.
Article 61. Forms of Alternative Care
1. Alternative care by relatives.
2. Alternative care by individuals or families who are not relatives.
3. Alternative care in the form of adoption.
Adoption is carried out as prescribed by the law on adoption.
4. Alternative care at social assistance facilities.
Article 62. Cases of Children Requiring Alternative Care
1. Orphans without both parents, abandoned children, children without a place to rely on.
2. Children unable to live with parents for their safety; parents unable to protect or nurture children or being the abusers.
3. Children affected by natural disasters, catastrophes, armed conflicts requiring priority protection.
4. Refugee children and asylum-seeking children whose parents cannot be identified.
Article 63. Conditions for Alternative Care
1. Decisions on assigning alternative care must ensure the requirements specified in Article 60 of this Law and meet the following conditions:
a) Written consent of the guardian in cases specified in Clause 1, Article 62 of this Law;
b) Giving and receiving alternative care for children who still have both parents or only one parent but unable to protect or nurture children must have written consent of both parents or the parent, except where children are subject to child protection intervention measures as specified in Point b and Point c, Clause 2, Article 50, Clause 3, Article 52 of this Law or when parents are restricted in parental rights as prescribed by the Law on Marriage and Family.
2. Individuals and families receiving alternative care must meet the following conditions:
a) Individuals and family representatives are residents of Vietnam; have good health and full civil act capacity; have good moral qualities; not restricted in some parental rights toward minor children; not subject to criminal prosecution or administrative sanction for child abuse acts; not convicted of intentional crimes infringing upon life, health, dignity, or honor of others, mistreatment or torture of grandparents, parents, spouses, children, grandchildren, or persons who have nurtured them, enticement, coercion, or harboring of minors violating the law, trafficking, kidnapping, swapping, or seizing children;
b) Have a residence and economic conditions appropriate to ensure care, nurture, and education of children;
c) Voluntarily receive children for care; have consensus among family members on receiving children for care; family members not subject to criminal prosecution or administrative sanction for child abuse acts;
d) Relatives receiving children for alternative care must be adults; other cases must be at least 20 years older than the children.
3. The State encourages agencies, organizations, families, and individuals to support morally and materially for alternative care assistance for children.
Article 64. Responsibilities and Rights of Alternative Care Recipients
1. Alternative care recipients have the following responsibilities:
a) Ensure conditions for children to live safely and exercise their rights and duties appropriate to the conditions of alternative care recipients;
b) Notify the commune-level People’s Committee of the place of residence about the physical and mental health status and integration of children after 06 months from the date of receiving alternative care and annually; promptly notify in case of sudden problems or developments.
2. Alternative care recipients have the following rights:
a) Priority access to loans, vocational training, and job support for stable life and healthcare when facing difficulties;
b) Receive financial support for care and nurture of children as prescribed by law and receive support from agencies, organizations, families, and individuals to perform alternative care.
Article 65. Registration for Alternative Care
1. Individuals and families wishing and eligible to receive children for alternative care as specified in Clause 2, Article 63 of this Law register with the commune-level People’s Committee of their place of residence.
2. Commune-level People’s Committees compile lists of eligible individuals and families registering for alternative care and send them to the district-level Labor, Invalids and Social Affairs agency.
3. District-level Labor, Invalids and Social Affairs agencies are responsible for coordinating with commune-level People’s Committees in managing lists and coordinating the selection of individuals and families for alternative care in the locality when children require alternative care.
4. Relatives of children receiving alternative care are not required to register as specified in Clause 1 of this Article but must notify the commune-level People’s Committee of their place of residence for a decision on assigning alternative care.
5. The Government shall detail the procedures for registration, list compilation, and coordination in selecting individuals and families for alternative care.
Article 66. Authority to Decide Alternative Care
1. Chairpersons of commune-level People’s Committees decide to assign children to individuals or families for alternative care based on consideration of conditions specified in Clauses 1 and 2, Article 63 of this Law.
In cases where children receiving alternative care have no natural guardian as prescribed by law and alternative care recipients agree, Chairpersons of commune-level People’s Committees decide to appoint alternative care recipients as guardians for children.
2. Chairpersons of district-level People’s Committees decide to assign children to social assistance facilities under district management for alternative care.
3. Directors of provincial Departments of Labor, Invalids and Social Affairs decide to assign children to social assistance facilities under provincial management for alternative care.
4. District-level People’s Courts decide alternative care in cases specified in Clause 2, Article 62 of this Law upon proposal of agencies, organizations, and individuals responsible for child protection as prescribed by law.
Article 67. Placement of Children in Social Assistance Facilities
1. Chairpersons of commune-level People’s Committees where children reside or where child abuse occurs compile dossiers proposing placement of children in social assistance facilities in the following cases:
a) During procedures for children to be received for alternative care by individuals or families;
b) No individuals or families selected for alternative care;
c) Application of measures specified in Point b, Clause 2, Article 50 of this Law.
2. Social assistance facilities are responsible for regularly reviewing cases of children receiving alternative care at facilities to propose transfer to appropriate alternative care forms.
3. The Government shall detail the procedures for receipt and transfer of alternative care forms.
Article 68. Monitoring and Evaluation of Children Receiving Alternative Care
1. Provincial and district-level Labor, Invalids and Social Affairs agencies have the following responsibilities:
a) Organize counseling and guidance on implementing policies and measures to support alternative care recipients and children receiving alternative care;
b) Review lists of children at social assistance facilities every 06 months; receive recommendations from social assistance facilities to consider, decide, or propose to competent agencies and organizations to transfer children to appropriate alternative care forms;
c) Inspect and examine alternative care at families and social assistance facilities; handle according to authority cases of child abuse or violation of child care standards.
2. Commune-level People’s Committees evaluate the appropriateness of each case of children receiving alternative care at families in their management area every 06 months and report to district-level Labor, Invalids and Social Affairs agencies for appropriate support and intervention measures.
Article 69. Termination of Alternative Care
1. Alternative care terminates in the following cases:
a) Individuals or families receiving alternative care no longer meet conditions for child care as specified in Clause 2, Article 63 of this Law;
b) Individuals or families receiving alternative care violate regulations in Article 6 of this Law causing harm to children receiving alternative care;
c) Individuals or families receiving alternative care request termination of child care;
d) Children receiving alternative care intentionally commit serious infringement upon life, health, dignity, or honor of individuals or family members receiving alternative care;
đ) Children reunite with family when the family ensures safety and has sufficient conditions to implement children’s rights.
2. In cases where individuals or family members receiving alternative care abuse children, children must be immediately transferred out of the individuals or families receiving alternative care and child protection measures as specified in Article 50 of this Law applied.
3. In cases where children wish to terminate alternative care, competent agencies and individuals and alternative care recipients are responsible for considering and deciding termination of alternative care for the best interests of children.
4. Persons deciding alternative care have authority to decide termination of alternative care.
Section 4. CHILD PROTECTION MEASURES IN PROCEEDINGS, ADMINISTRATIVE SANCTION HANDLING, RECOVERY, AND COMMUNITY REINTEGRATION
Article 70. Requirements for Child Protection in Proceedings, Administrative Sanction Handling, Recovery, and Community Reintegration
1. Ensure fair, equal, and respectful treatment of children appropriate to their age and maturity level.
2. Prioritize prompt resolution of cases involving children to minimize physical and mental harm to children.
3. Ensure support from parents, guardians, or other lawful representatives for children throughout proceedings and administrative sanction handling to protect children’s legitimate rights and interests.
4. Persons conducting proceedings, persons with authority in administrative sanction handling, lawyers, and legal aid providers must have necessary knowledge of child psychology and pedagogy; use child-friendly and easy-to-understand language.
5. Ensure the right to defense and legal aid for children.
6. Proactively prevent and stop law violations and recidivism by children through timely support and intervention to address causes and conditions of violations, help children recover and reintegrate into the community.
7. Ensure timely provision of safe, continuous, adequate, flexible prevention, support, and intervention measures appropriate to the needs, circumstances, age, and psychological and physiological characteristics of each child based on consideration and respect for opinions, wishes, emotions, and attitudes of children.
8. Ensure close and timely linkage among child protection agencies, organizations, child protection service facilities, families, educational institutions, and proceeding and administrative sanction handling agencies.
9. Prioritize application of prevention, support, intervention measures or educational measures at communes, wards, townships, alternative administrative sanction measures for children violating the law; coercive and liberty-restricting measures only applied after other prevention and education measures are inappropriate.
10. Ensure privacy of children’s private life; apply necessary measures to minimize children’s appearance in public during proceedings.
Article 71. Child Protection Measures for Children Violating the Law, Child Victims, and Child Witnesses
1. Children violating the law subject to educational measures at communes, wards, townships or alternative administrative sanction measures as prescribed by the Law on Handling Administrative Violations; reprimand measures, community conciliation or educational measures at communes, wards, townships when exempted from criminal liability; non-custodial reform sentences; suspended sentences as prescribed by the Penal Code; children who have completed educational measures at reform schools or fixed-term imprisonment are subject to the following protection measures to remedy causes and conditions of violations, recovery, and prevention of recidivism:
a) Child protection measures at the support level specified in Points c and d, Clause 2, Article 49 of this Law;
b) Child protection measures at the intervention level specified in Points a and e, Clause 2, Article 50 of this Law;
c) Family reunification search if having no stable residence;
d) Application of alternative care measures as prescribed by this Law in cases where children no longer have or cannot identify parents; cannot live with parents; cannot identify residence during implementation of educational measures at communes, wards, townships or alternative administrative sanction measures of competent agencies;
đ) Support families in supervision, management, and education of children;
e) Other child protection measures specified in Articles 48, 49, and 50 of this Law when deemed appropriate.
2. Child victims and child witnesses suffering physical and mental harm are subject to support-level protection measures specified in Points c and d, Clause 2, Article 49 and intervention-level protection measures specified in Article 50 of this Law.
3. Child witnesses are protected in terms of life, health, dignity, honor, and privacy; minimize escorting and psychological pressure.
Article 72. Responsibilities of Commune-level Child Protection Workers in Proceedings, Administrative Sanction Handling, Recovery, and Community Reintegration for Children
1. Counsel, provide information, and guide children, parents, and child caregivers to access child protection services, legal aid, social assistance, healthcare, education, and other support sources.
2. Investigate and provide information on personal and family circumstances of children to proceeding authorities and persons with authority in administrative sanction handling to apply appropriate handling, education, and other decisions.
3. Participate in proceedings and administrative sanction handling related to children as prescribed by law or at the request of proceeding authorities and persons with authority in administrative sanction handling; participate in meetings of Advisory Councils for application of educational measures at communes, wards, townships and court consideration for placement of children in reform schools.
4. Monitor and support implementation of educational measures at communes, wards, townships, alternative administrative sanction measures, and community reintegration for children violating the law; recommend appropriate protection measures for children violating the law as specified in Clause 1, Article 71 of this Law.
5. Participate in developing support and intervention plans for children and monitor implementation; connect services and support recovery and community reintegration for children.
Article 73. Recovery and Community Reintegration for Children Violating the Law