Decision No. 134/1999/QD-TTg On approving the Action Program for Protecting Children in Special Circumstances for the period 1999-2002

Pursuant to …;

Regarding the approval of the Action Program for Protecting Children in Special Circumstances for the period 1999-2002có hoàn cảnh đặc biệt trong giai đoạn 1999 – 2002

PRIME MINISTER

Pursuant to the Government Organization Law dated September 30, 1992;

Based on the Law on Protection, Care, and Education of Children dated August 12, 1991;

Considering the proposal of the Minister and Chairman of the Committee for Child Protection and Care at Document No. 04/TT-BVCSTE dated December 29, 1998, and the opinions of the Minister of Planning and Investment at Document No. 881 BKH/LĐVX dated February 8, 1999, and the opinion of the Minister of Finance at Document No. 706 TC/HCSN dated February 9, 1999,

DECISION:

Article 1. Approves the Action Program for Protecting Children in Special Circumstances for the period 1999-2002 with the following main contents:

1. Objectives of the Program.

a) General Objective: To create a significant change in awareness and action throughout society regarding child protection work. To prevent, reduce, and fundamentally resolve by 2002 the situation of children living on the streets; children working under harsh and hazardous conditions; children whose lives, health, dignity, and honor have been violated; and children who violate the law.

b) Specific Objectives:

- Prevent, reduce, and fundamentally resolve by 2002 the situation of children living on the streets. Fundamentally resolve by 2002 the situation of children under 15 years old working under harsh, hazardous, and dangerous conditions.

- Prevent, reduce, and fundamentally decrease by 2002 the situation of children being violated in their dignity, honor, and sexual abuse, especially for commercial purposes; organize education, treatment, and community reintegration for these individuals.

- Stop new occurrences, reduce, and eliminate by 2002 the drug addiction problem among children.

- Struggle against, prevent, and reduce various types of crimes that harm children and juvenile delinquency. Significantly reduce by 2002 the situation of children committing serious crimes.

2. Main Projects of the Program.

- Project 1: Prevent and resolve the situation of children living on the streets and being overworked. Lead agency: Ministry of Labor, Invalids, and Social Affairs. Supporting agencies: Committee for Child Protection and Care, Ministry of Public Security, and related agencies.

- Project 2: Prevent the situation of children being violated in their dignity, honor, and sexual abuse, especially for commercial purposes. Lead agency: Ministry of Labor, Invalids, and Social Affairs. Supporting agencies: Ministry of Public Security, Committee for Child Protection and Care, Central Committee of the Vietnam Women's Union, Central Committee of the Ho Chi Minh Communist Youth Union, and related agencies.

- Project 3: Prevent and combat drug addiction among children. Lead agency: National Committee for Drug Prevention and Control. Supporting agencies: Ministry of Public Security, Ministry of Labor, Invalids, and Social Affairs, Ministry of Education and Training, Ministry of Health, Committee for Child Protection and Care, Committee for Ethnic Minorities and Mountainous Areas, Central Committee of the Vietnam Women's Union, Central Committee of the Ho Chi Minh Communist Youth Union, and related people's organizations and social organizations.

- Project 4: Combat and prevent various types of crimes that harm children and juvenile delinquency. Lead agency: Ministry of Public Security. Supporting agencies: Committee for Child Protection and Care, Ministry of Education and Training, Central Committee of the Vietnam Women's Union, Central Committee of the Ho Chi Minh Communist Youth Union, and related people's organizations and social organizations.

- Project 5: Organize communication, education, and counseling activities in various forms (such as using communication, education, and counseling centers) for families and communities about protecting and caring for children in special circumstances. Lead agency: Committee for Child Protection and Care. Supporting agencies: People's Committees of provinces and centrally-administered cities and related agencies.

3. The funding for implementing the Program will be detailed for each component project.

State budget capital will be allocated annually through national target programs (Poverty Reduction, Employment, Crime Prevention, HIV/AIDS Prevention, Drug Prevention) for projects 1, 2, 3, and 4; balanced for the regular activities of the Committee for Child Protection and Care and provincial and centrally-administered city people's committees for project 5.

In addition to state budget capital, other sources of capital both domestically and internationally should be mobilized for the projects of the Program.

For the year 1999, relevant ministries, sectors, and provincial and centrally-administered city people's committees shall proactively allocate funds for component projects within the state budget already assigned.

4. Implementation Period of the Program: from 1999 to 2002.

Article 2. Implementing organization.

1. Entrust the Committee for Child Protection and Care to assist the Government in coordinating the planning, guiding, inspecting, supervising, and summarizing the implementation of the Program by ministries, sectors, and localities according to current regulations; report annually to the Prime Minister on the implementation of the Program; conduct a mid-term review in 2000 and a final assessment in 2002 on the implementation of this Program.

2. Agencies responsible for component projects as stipulated in Clause 2, Article 1 of this Decision shall be responsible for building and organizing the implementation of the projects according to current regulations. Provincial and centrally-administered city people's committees shall be responsible for directing the implementation of the Program at the local level.

3. Ministries, sectors, and provincial and centrally-administered city people's committees requested to implement certain tasks in this Program shall be responsible for organizing the implementation of related contents to gradually implement the Program; report annually to the Prime Minister through the Committee for Child Protection and Care on the implementation of the Program according to state regulations. Each locality shall develop a program and action plan for protecting children in conjunction with economic and social development plans. Request people's organizations and social organizations to implement the Program within their scope of activities and participate in monitoring the implementation of action plans by relevant authorities.

Article 3. This Decision shall take effect fifteen days from the date of signature.

Article 4. The Ministers of Labor - Invalids and Social Affairs, Public Security, Planning and Investment, Finance, Chairman of the National Committee for Child Protection and Care, Heads of relevant agencies, Chairpersons of provincial people's committees directly under the central government shall be responsible for implementing this Decision.

ACTION PROGRAM TO PROTECT CHILDREN IN SPECIAL CIRCUMSTANCES PERIOD 1999 - 2002

After nearly ten years of implementing the Law on Child Protection, Care and Education (1991), with great efforts from the Party, State, and the entire population, the cause of child protection, care, and education has made significant progress in terms of awareness, ideology, organization, and improving children's conditions, which has been supported and highly evaluated internationally. Notably, the proportion of children fully vaccinated with six types of vaccines, the elimination of neonatal tetanus, universal primary education, and organized participation in cultural and recreational activities have all shown clear improvements.

However, in recent years, the situation of children wandering and working for survival, children being harmed to their lives, health, dignity, reputation, and children violating laws has been increasing and becoming more complex. These are children who suffer many disadvantages, lack care and protection, and are at high risk of harm and negative impacts on their comprehensive development in physical, intellectual, moral, spiritual, and social aspects. By the end of 1997, there were approximately 16,000 children wandering in major cities, tens of thousands of children working for survival in private enterprises, service establishments, small production units, craft villages, and hired work for families. Of particular concern, a portion of these children are laboring under harsh, toxic, and dangerous conditions that threaten their lives. Currently, there are about 7,000 female sex workers, including 15% girls under 16 years old. The number of rape cases involving children has not decreased in quantity (638 cases in 1996, 1,103 cases in 1997) but has become more complex. The situation of trafficking women and children illegally abroad is severe, with 14.6% of those trafficked being children under 16 years old. Efforts to prevent and combat drug abuse among young people, although considerable, have not reduced the trend of heroin use among students and have instead become more complex in large cities and areas with free residents, with nearly 4,000 children addicted to drugs in 1997. The situation of children violating laws has increased in both number and severity, such as acts of robbery, murder, assault causing injury, disrupting public order, and resisting law enforcement officers. In 1997, over 8,500 children violated laws, and courts at various levels adjudicated cases with 2,845 defendants being minors.

The above situation is due to multiple causes, but mainly economic and social factors (such as uneven economic development between regions, widening wealth gap, unemployment, dropout rates, family breakdowns and irresponsibility, moral decline among some individuals, etc.), combined with insufficient attention and inadequate investment by sectors and levels for children's needs. The legal system is not synchronized, law enforcement is lax, and there is a lack of guidance, inspection, and supervision of activities related to children. Prevention of child abuse within families, schools, and communities to prevent such situations has not received adequate attention.

To implement the goal of the Eighth National Congress Resolution to focus on building human resources from childhood (including promoting development while preventing all forms of harm), to better enforce the Law on Child Protection, Care and Education, the resolutions of the tenth session of the National Assembly, and to respond to UNICEF's Special Action Plan for Children, the Stockholm International Conference Declaration on Commercial Sexual Exploitation of Children, and the Oslo International Conference Declaration on Child Labor to prevent, reduce, and fundamentally resolve by 2002 the situation of children wandering and working under harsh and toxic conditions, children being harmed to their lives, health, dignity, reputation, and children violating laws, the Prime Minister has decided to launch the "Action Program to Protect Children in Special Circumstances Period 1999 - 2002" with specific goals, solutions, and action plans as follows:

I. GOALS AND KEY PROJECTS OF THE PROGRAM

A. GOALS OF THE PROGRAM.

1. General Goal: To create a strong shift in awareness and action throughout society regarding child protection work. To prevent, reduce, and fundamentally resolve by 2002 the situation of children wandering and working under harsh and toxic conditions, children being harmed to their lives, health, dignity, reputation, and children violating laws.

2. Specific Objectives:

- Prevent, reduce, and fundamentally resolve by 2002 the situation of children living on the streets. Fundamentally resolve by 2002 the situation of children under 15 years old working under harsh, hazardous, and dangerous conditions.

- Prevent, reduce, and fundamentally decrease by 2002 the situation of children being violated in their dignity, honor, and sexual abuse, especially for commercial purposes; organize education, treatment, and community reintegration for these individuals.

- Stop new occurrences, reduce, and eliminate by 2002 the drug addiction problem among children.

- Strive to prevent and reduce crimes harming children (such as killing children, raping children, stealing children, buying or swapping children, organizing children to use drugs, severely abusing children, etc.) and crimes committed by children. Significantly reduce by 2002 the situation of children committing serious crimes.

B. KEY PROJECTS OF THE PROGRAM

- Project 1: Prevent and address the situation of children wandering and working under harsh and toxic conditions.

- Project 2: Prevent the violation of children's dignity and reputation, especially sexual violations, particularly for commercial purposes.

- Project 3: Prevent and combat drug abuse among children.

- Project 4: Combat crimes harming children and crimes committed by children.

- Project 5: Organize communication, education, and counseling activities in various forms (such as communication, education, and counseling centers) for families and communities on protecting and caring for children in special circumstances.

II. KEY SOLUTIONS

1. Establish, supplement, and perfect the legal system and policies on child protection work, focusing on drafting laws to be submitted to the Xth National Assembly: the Criminal Procedure Code (amended), the Marriage and Family Law (amended), the Law on Child Protection, Care, and Education (amended), etc. Timely draft and promulgate regulatory legal documents to guide the implementation of the aforementioned Laws immediately after their approval by the National Assembly. Ministries, sectors, People's Committees at all levels need to continue directing the implementation of current regulatory legal documents on child protection to create significant changes in this area.

2. Vigorously promote legal education. Organize regular legal education campaigns and nationwide communication campaigns, especially in key regions and target groups, to enhance understanding, sense of responsibility, and obligations of all sectors, levels, communities, and families towards child protection work. Pay special attention to guiding families and communities in educating children, particularly girls and children aged 12-15.

3. Management agencies of socio-economic programs (central and local levels), national target programs, particularly national target programs (on poverty reduction, employment, crime prevention, HIV/AIDS prevention), should incorporate the objectives of this program into these programs and develop support plans for families with children facing difficulties and for children in particularly difficult circumstances.

4. Mobilize the comprehensive strength of the whole society into child protection work. Create a healthy living environment in society. Continue to mobilize the masses to build a nationwide movement to participate in child protection. Develop and implement regulations on cooperation in protecting, caring for, and educating children within families, schools, and society. Encourage the establishment of networks and collaborative activities between law enforcement agencies and specialized agencies for children, media organizations, people's associations, social organizations, families, economic units, and individuals with benevolent intentions.

5. Strengthen international cooperation in child protection work in accordance with national and international laws: increase efforts to mobilize international resources to support the Program; enhance information exchange and experience sharing among countries in the region and worldwide regarding this work.

6. Establish a mechanism for inter-sectoral coordination, develop policies for social workers, and volunteer networks working with children at the grassroots level. Enhance the capacity of relevant agencies and people's associations involved in strategies for protecting children in difficult circumstances (including prevention, resolution, recovery, and community reintegration). Increase research activities targeting children and strategies aimed at protecting them.

III. ASSIGNMENT OF RESPONSIBILITIES

1. The Vietnam Committee for Child Protection and Care shall take the lead and coordinate with related agencies to study and build strategies, propose policies on child protection; study and establish effective inter-sectoral coordination mechanisms in child protection work; strengthen international cooperation to mobilize resources, exchange information, and experiences to serve this work; take the lead and coordinate with related agencies, people's associations, and social organizations to conduct surveys on the current situation of children in difficult circumstances; popularize and expand models to prevent and address situations of children wandering, children being overworked, children being abused, and children violating the law; coordinate to organize training and capacity building for social workers dealing with children in difficult circumstances and staff in juvenile justice programs.

2. Request the Ministry of Labor, Invalids, and Social Affairs to issue Regulations on the establishment and management of facilities for nurturing, caring for, and educating children in difficult circumstances for community reintegration; study, build, and supplement policies for children in difficult circumstances and appropriate incentives for social workers dealing with children in difficult circumstances; expand suitable vocational training forms for children in difficult circumstances and those who cannot continue schooling after completing secondary school, creating jobs and community reintegration for these children.

4. Request the Ministry of Public Security to cooperate internationally to prevent drug trafficking and illegal domestic and international child trafficking; coordinate with the Vietnam Committee for Child Protection and Care to monitor the situation of children in difficult circumstances in the community; direct and guide the education of children violating the law in the community; educate and train vocational skills for children violating the law in detention centers and correctional schools.

5. Request the Ministry of Planning and Investment to allocate annual budget plans for the Program; take the lead and coordinate with the Vietnam Committee for Child Protection and Care and related agencies to mobilize other resources both domestically and internationally to support the Program.

6. Request the Ministry of Finance to ensure timely funding from the State budget for related ministries, sectors, and localities.

7. Request the Ministry of Justice to take the lead and coordinate with related agencies to organize legal education on child protection.

8. Request the Ministry of Culture, Sports, and Tourism to uniformly direct and supervise mass media organizations and people's associations engaged in information dissemination, propaganda, and education among the public about policies and measures to protect children; strengthen inspection and supervision of cultural activities and services to prevent harmful cultural products for children.

8. The Ministry of Education and Training is requested to take the lead and coordinate with the Ministry of Finance and relevant agencies to study and develop appropriate incentive policies for primary school teachers, especially in remote, mountainous, and disadvantaged areas, and suitable educational encouragement policies for children in special circumstances; direct the inclusion of drug prevention and crime prevention education content into the curriculum or extracurricular programs at schools; take the lead in legal education and teaching about drug prevention and crime prevention within schools; strengthen citizenship education courses in schools; expand suitable educational forms to attract most children in special circumstances to attend classes and achieve universal primary education; study and implement appropriate educational forms and measures to attract students who have repeated grades, dropped out, or are individual cases to return to schooling and have healthy development conditions; intensify vocational guidance activities in schools.

9. The Vietnam Television, Voice of Vietnam Radio, and Vietnam News Agency are requested to take the lead and coordinate with relevant agencies to implement and guide local stations to intensify propaganda and education on legal compliance awareness and law-abiding lifestyles for the people, on the rights and duties of children, on the responsibilities of all levels, sectors, families, communities, and citizens regarding child protection, on family education methods for children, and on exemplary deeds in child protection work.

10. The People's Committees of provinces and centrally-administered cities are requested to integrate the activities of this Program with other related programs within their jurisdictions; incorporate the Program's objectives into one of the economic and social development program goals of their locality, specifically through National Target Programs, particularly those on Poverty Reduction, Employment, Crime Prevention, HIV/AIDS Prevention, and Drug Prevention; direct competent agencies to thoroughly understand the situation of children in special circumstances to develop comprehensive and effective plans and measures (both preventive and responsive) to address the issue of children being harmed; coordinate with the Central Committee of the Vietnam Fatherland Front and its member organizations to maintain and develop grassroots mediation groups, encourage reducing divorce rates, and intensify mobilization, propaganda, and education on legal implementation to each household and citizen to enhance responsibility in managing and educating family members and community members, preventing children from being harmed.

11. The Supreme People's Procuracy is requested to take the lead and coordinate with relevant agencies to study and propose amendments and supplements to criminal procedure regulations concerning juvenile offenders under the Criminal Procedure Code to align with the State's child protection policies and the United Nations Convention on the Rights of the Child; strengthen supervision and prosecution of cases involving child abuse; form specialized teams of prosecutors for children at all levels.

12. The Supreme People's Court is requested to strengthen direction on lawful adjudication of cases involving child abuse; gradually form specialized teams of judges and lay assessors for juvenile-related crimes; in the short term, organize training on children's rights for judges involved in cases with juvenile defendants.

13. The Vietnam Women's Union Central Committee is requested to closely cooperate with the Vietnam Children Protection and Care Committee, relevant ministries and sectors, and local authorities in educating and enhancing knowledge and methods of child protection for mothers and women; include economically disadvantaged families in the mutual financial assistance program for household economic development; cooperate with the Vietnam Farmers' Association, the Gardeners' Association, etc., to disseminate techniques for household economic development for poor farming households.

14. The Communist Youth Union Central Committee is requested to closely cooperate with relevant ministries and sectors and local authorities in mobilizing and educating its members to actively participate in child protection work; organize cultural, sports, and social activities beneficial for Young Pioneers and children in residential areas.

15. The Vietnam Farmers' Association is requested to closely cooperate with local authorities in mobilizing and educating its members to actively participate in child protection work; develop an action plan for rural children.

16. The General Confederation of Labor of Vietnam is requested to closely cooperate with relevant ministries and sectors and local authorities in mobilizing and educating its members to actively participate in child protection work; implement plans to prevent the overuse of child labor in trade unions at all levels, sectors, and production and business establishments.

17. The Central Committee of the Vietnam Fatherland Front is requested to develop plans and mobilize member organizations to participate in implementing the nationwide initiative to care for and protect children; strengthen organization and direction of member organizations to effectively carry out the movement "Adults as Role Models - Children as Good Students" in the campaign "All Citizens United to Build a New Life in Residential Areas."