Law on Protection, Care and Education of Children No. 25/2004/QH11

LAW

Protection, care, and education of children

__________________

Pursuant to the Constitution of the Socialist Republic of Vietnam in 1992, amended and supplemented by Resolution No. 51/2001/QH10 dated December 25, 2001 of the National Assembly, tenth session;

This Law stipulates on the protection, care, and education of children,

PART I
General Provisions

Article 1. Children

Children referred to in this Law are Vietnamese citizens under sixteen years old.

Article 2. Scope of regulation, applicable subjects

1. This Law stipulates basic rights, obligations of children; responsibilities of families, the State, and society in protecting, caring for, and educating children.

2. This Law applies to state agencies, political organizations, socio-political organizations, socio-professional organizations, social organizations, economic organizations, public service units, people's armed forces units, families, and Vietnamese citizens (hereinafter collectively referred to as agencies, organizations, families, individuals); foreign organizations operating within the territory of Vietnam, foreigners residing in Vietnam; in cases where international treaties to which the Socialist Republic of Vietnam has signed or acceded provide otherwise, the provisions of such international treaties shall apply.

Article 3. Definitions

In this Law, the following terms shall be understood as follows:

1. Children with special circumstances are children with abnormal physical or mental conditions, lacking the necessary conditions to exercise their basic rights and integrate into their family and community.

2. Wandering children are those who have left their families, live independently, and have unstable living and residence places; children who wander together with their families.

3. Substitute families are families or individuals who take care of and raise children with special circumstances.

4. Child assistance facilities are organizations established to protect, care for, and educate children with special circumstances.

Article 4. Non-discrimination against children

Children, regardless of gender, legitimate or illegitimate status, biological or adopted status, individual or shared status; without discrimination based on ethnicity, belief, religion, social class, or parents' or guardians' political views, all are entitled to protection, care, and education, and enjoy rights as prescribed by law.

Article 5. Responsibility for the protection, care, and education of children

1. The protection, care, and education of children is the responsibility of families, schools, the State, society, and citizens. In all activities of agencies, organizations, families, and individuals related to children, the interests of children must be given top priority.

2. The State encourages and creates conditions for agencies, organizations, families, and individuals both domestically and internationally to contribute to the cause of protecting, caring for, and educating children.

Article 6. Implementation of children's rights

1. The rights of children must be respected and implemented.

2. Any acts violating the rights of children, harming their normal development, will be strictly punished according to the law.

Article 7. Prohibited acts

Strictly prohibit the following acts:

1. Parents abandoning their children, guardians abandoning the children they are responsible for;

2. Tempting, enticing children to wander; exploiting wandering children for personal gain;

3. Tempting, deceiving, forcing children to buy, sell, transport, store, or use illegal drugs; enticing children to gamble; selling or providing children with alcohol, tobacco, other harmful substances;

4. Tempting, deceiving, leading, harboring, forcing children into prostitution; sexually abusing children;

5. Exploiting, tempting, forcing children to buy, sell, or use cultural products that incite violence or immorality; producing, copying, circulating, transporting, storing pornographic materials targeting children; manufacturing, trading toys or games harmful to children's healthy development;

6. Beating, mistreating, humiliating, appropriating, kidnapping, buying, selling, swapping children; exploiting children for personal gain; inciting children to hate their parents or guardians or infringing upon the lives, bodies, dignity, or reputations of others;

7. Misusing child labor, using children for heavy, dangerous work or exposure to toxic substances, or engaging them in other work prohibited by labor laws;

8. Obstructing children's studies;

9. Applying measures that insult, demean, or use corporal punishment against children who violate the law;

10. Establishing production bases, warehouses for pesticides, toxic chemicals, flammable, and explosive materials near childcare facilities, educational institutions, healthcare facilities, cultural centers, and children's recreational venues.

Article 8. State management responsibility for the protection, care, and education of children

1. The Government uniformly manages state affairs concerning the protection, care, and education of children.

2. The Population, Family, and Children Committee assists the Government in uniformly managing state affairs concerning the protection, care, and education of children within its functions, tasks, and authorities; taking the lead and coordinating with ministries, ministerial-level agencies, government agencies, the Vietnam Fatherland Front, and affiliated organizations in protecting, caring for, and educating children.

3. The Ministry of Education and Training, the Ministry of Health, the Ministry of Culture, Sports and Tourism, the General Department of Sports, the Ministry of Labor, Invalids and Social Affairs, and relevant ministries and sectors implement state management functions concerning the protection, care, and education of children according to the division of labor by the Government.

4. People's Committees at all levels manage state affairs concerning the protection, care, and education of children locally according to the delegation of authority by the Government.

Article 9. Financial resources for the protection, care, and education of children

Financial resources for the protection, care, and education of children include state budget, international aid, support from domestic and foreign agencies, organizations, individuals, and other lawful sources of income.

Article 10. International cooperation in the protection, care, and education of children

1. The State has policies to expand international cooperation in the protection, care, and education of children with countries and international organizations on the basis of equality, respect for sovereignty, and compliance with each country's laws and international practices.

2. Contents of international cooperation include:

a) Building and implementing programs, projects, and activities on the protection, care, and education of children;

b) Participating in international organizations; signing and joining international treaties on the protection, care, and education of children;

c) Researching, applying modern science and transferring technology to serve the protection, care, and education of children;

d) Training and developing human resources; exchanging information and experiences on the protection, care, and education of children.

3. The State encourages and creates conditions for overseas Vietnamese and foreign organizations and individuals to participate in the work of protecting, caring for, and educating children.

4. International organizations related to the protection, care, and education of children outside Vietnam are allowed to operate on Vietnamese territory in accordance with Vietnamese law.

Chapter II

Basic rights and duties of children

Article 11. Right to be registered at birth and have citizenship

1. Children have the right to be registered at birth and to have citizenship.

2. Children who cannot determine their parents, if they request, shall be assisted by competent authorities to identify their parents in accordance with the law.

Article 12Right to be cared for and nurtured

Children have the right to be cared for and nurtured to develop physically, intellectually, spiritually, and morally.

Article 13. Right to live with parents

Children have the right to live with their parents.

No one has the right to force children to be separated from their parents except in cases that are in the best interest of the child.

Article 14. Right to be respected and protected in terms of life, body, dignity, and reputation

Children are entitled to be respected and protected by their families, the State, and society in terms of life, body, dignity, and reputation.

Article 15Right to health care

1. Children have the right to be cared for and protected in terms of health.

2. Children under six years old are entitled to initial health care, free medical examinations, and treatment at public healthcare facilities.

Article 16Right to education

1. Children have the right to education.

2. Children attending primary school in public educational institutions are exempted from tuition fees.

Article 17. Right to recreation, entertainment, cultural, artistic, physical, and sports activities, and tourism

Children have the right to engage in healthy recreation and entertainment, cultural, artistic, physical, and sports activities, and tourism appropriate to their age.

Article 18. Right to develop talents

Children have the right to develop their talents. All talents of children are encouraged and facilitated to develop.

Article 19. Right to property

Children have the right to own property and inherit according to the law.

Article 20. Right to access information, express opinions, and participate in social activities

1. Children have the right to access information suitable for their development, to express their opinions and wishes regarding matters of concern to them.

2. Children are entitled to participate in social activities appropriate to their needs and capabilities.

Article 21Duties of children

Children have the following duties:

1. To love, respect, and be filial to grandparents, parents; to respect teachers; to be courteous to adults, loving to younger siblings, and united with friends; to help the elderly, disabled, and those in difficult circumstances within their capacity;

2. To study diligently, maintain hygiene, exercise regularly, observe public order and traffic safety, protect public property, and respect others' property and the environment;

3. To love labor, assist the family in tasks within their strength;

4. To live modestly, honestly, and with morality; to respect the law; to follow the internal regulations of schools; to practice civilized living habits and build a cultured family; to respect and preserve national cultural identity;

5. To love their homeland, country, compatriots, and have a sense of building and defending the Socialist Republic of Vietnam and international solidarity.

Article 22. Matters that children are not permitted to do

Children are not permitted to do the following:

1. To leave school or home without permission and live vagrantly;

2. To infringe upon the lives, bodies, dignity, reputations, or properties of others; to disrupt public order;

3. To gamble, consume alcohol, tobacco, or other harmful stimulants;

4. To exchange or use cultural products containing violent or pornographic content; to use toys or play games detrimental to healthy development.

Chapter III

Responsibilities for protecting, caring for, and educating children

Article 23Responsibility for registering births

1. Parents and guardians are responsible for registering the birth of children within the prescribed time limit.

2. People's Committees at commune, ward, and town levels (hereinafter referred to as People's Committees at commune level) are responsible for registering the births of children; they must encourage parents and guardians to register the births of children within the prescribed time limit.

3. Poor households are exempt from paying registration fees for the birth of their children.

"d) Within no more than one working day from the date of receiving the dossier submitted for administrative procedures by the specialized agency assigned by the Provincial People's Committee, the Chairman of the Provincial People's Committee shall issue a notification of the result of the inspection of plant-based food exports or a certificate at the request of the importing country."Responsibility for caring for and nurturing

1. Parents and guardians are primarily responsible for the care and nurturing of children, providing the best possible conditions for their development; when facing difficulties that they cannot resolve themselves, they may seek assistance from relevant agencies and organizations to fulfill their responsibilities in caring for and nurturing children.

2. Parents, guardians, and older members of the family must set a good example in all aspects for children to emulate; they have the responsibility to build a warm, equal, progressive, and happy family, creating a healthy environment for the comprehensive development of children.

3. Parents and guardians are responsible for ensuring a nutrition regimen appropriate to the physical and mental development of children at different ages.

4. In cases of divorce or other situations, the parent who does not directly raise the minor child must contribute to the upbringing of the child until adulthood and have the responsibility to care for and educate the child in accordance with the law.

Article 25. Responsibility to ensure that children live with their parents

1. Parents are responsible for ensuring conditions for children to live with them.

2. In cases where children are adopted, the adoption, transfer, or bringing of children into or out of the country must comply with the law.

3. In cases where children have parents serving prison sentences in detention centers and have no place to stay, People's Committees at various levels organize the care and nurturing of children in substitute families or at child welfare facilities.

Article 26. Responsibility to protect life, body, dignity, and reputation

1. Families, the State, and society have the responsibility to protect the lives, bodies, dignity, and reputation of children; to implement preventive measures against accidents involving children.

2. Any acts infringing upon the lives, bodies, dignity, and reputation of children will be promptly and strictly dealt with in accordance with the law.

Article 27. Responsibility to protect health

1. Parents and guardians are responsible for implementing regulations concerning health checks, vaccinations, medical examinations, and treatment for children.

2. Public health facilities have the responsibility to guide and organize the implementation of primary healthcare, disease prevention, and treatment for children.

3. The Ministry of Education and Training has the responsibility to organize school health programs.

The Ministry of Health has the responsibility to coordinate with the Ministry of Education and Training in guiding the implementation of measures to prevent school diseases and other illnesses for children.

4. The State has policies to develop the health care industry, diversify types of medical services; implement policies to exempt or reduce fees for medical examinations, treatments, and rehabilitation for children; ensure funding for medical examinations and treatments for children under six years old.

In the annual budget planning balance of the Ministry of Health and People's Committees at provincial level (hereinafter referred to as Provincial People's Committee), the Government allocates a specific budget to ensure free medical examinations and treatments for children under six years old at central and local public health facilities.

5. The State encourages charitable organizations and individuals to support funding for the treatment of seriously ill children.

Article 28Responsibilities to ensure the right to education

1. Families and the State have the responsibility to ensure that children can exercise their right to education; complete the compulsory education program; create conditions for children to pursue higher levels of education.

2. Schools and other educational institutions have the responsibility to implement comprehensive education on ethics, knowledge, aesthetics, physical health, and vocational training for children; actively cooperate closely with families and society in protecting, caring for, and educating children.

3. Preschool and general education institutions must have necessary conditions regarding teaching staff, infrastructure, and teaching equipment to ensure educational quality.

4. Leaders of the Ho Chi Minh Communist Youth League in schools must be trained and developed professionally, have good health, moral character, love their profession and children, and be provided with conditions to fulfill their duties.

5. The State has policies to develop preschool and general education; policies to exempt or reduce tuition fees, provide scholarships, and social allowances to achieve social equity in education.

Article 29. Responsibilities to ensure conditions for recreation, entertainment, cultural, artistic, sports, and tourism activities

1. Families, schools, and society have the responsibility to create conditions for children to engage in appropriate recreational, entertainment, cultural, artistic, sports, and tourism activities according to their age group.

2. People's Committees at all levels have the responsibility to plan and invest in building venues for children's recreational, entertainment, cultural, artistic, and sports activities within their jurisdiction.

It is not allowed to use facilities intended for learning, living, recreational, and entertainment purposes for children for other purposes that may affect the interests of children.

3. The State has policies to encourage organizations and individuals to invest in and build facilities serving children's recreational and entertainment needs.

4. On publications, toys, radio and television programs, arts, and films, if there is content unsuitable for children, it must be clearly announced or marked which age groups of children should not use them.

Article 30. Responsibilities to ensure the right to develop talents

1. Families, schools, and society have the responsibility to identify, encourage, nurture, and develop children's talents.

2. The State encourages organizations and individuals to participate in nurturing and developing children's talents; creates conditions for children's cultural centers, schools, and organizations and individuals to carry out nurturing and developing children's talents.

Article 31. Responsibilities to ensure civil rights

1. Parents or guardians have the responsibility to protect the legitimate rights and interests of children; represent children in civil transactions as prescribed by law.

2. Parents, guardians, or relevant agencies and organizations must keep and manage children's property and return it to children as prescribed by law.

3. In cases where children cause damage to others, parents or guardians must compensate for the damage caused by the child's actions as prescribed by law.

Article 32Responsibilities to ensure the right to access information, express opinions, and participate in social activities

1. Families, the State, and society have the responsibility to create conditions and assist children in accessing appropriate information, developing creative thinking, and expressing wishes; have the responsibility to listen and resolve legitimate wishes of children.

2. The Ho Chi Minh Communist Youth Union and schools have the responsibility to organize for children to participate in social activities and collective life suitable to their needs and age group.

Article 33. Responsibilities of agencies and organizations in the work of protecting, caring for, and educating children

Within the scope of their tasks and powers, agencies and organizations have the responsibility to:

1. Promote, mobilize, and educate about the protection, care, and education of children;

2. Develop social welfare for children, creating favorable opportunities for children to exercise their rights and obligations and develop comprehensively in terms of physical, intellectual, spiritual, and moral aspects;

3. Provide services for the care and assistance of children.

Article 34. Responsibilities of the Vietnam Fatherland Front and its member organizations

1. The Vietnam Fatherland Front and its member organizations have the responsibility to:

a) Promote and educate members and the people to comply well with laws on children;

b) Mobilize families and society to properly implement the protection, care, and education of children;

c) Care for and protect children's rights and interests, supervise compliance with laws on children, propose necessary recommendations to relevant state agencies to perform these tasks; prevent acts infringing upon children's legitimate rights and interests.

2. The Vietnam Women's Union, in addition to implementing the provisions of Clause 1 of this Article, has the responsibility to coordinate with relevant agencies and organizations to organize and guide healthy child-rearing and good child-rearing.

3. The Ho Chi Minh Communist Youth Union, in addition to implementing the provisions of Clause 1 of this Article, has the responsibility to organize and guide the activities of teenagers and children; lead the Ho Chi Minh Communist Youth League.

Article 35. Responsibilities of information and propaganda agencies

1. Propaganda and disseminate the Party's guidelines and the State's policies on protecting, caring for, and educating children.

2. Introduce advanced models, exemplary individuals and good deeds in the work of protecting, caring for, and educating children; identify and criticize actions that violate children's rights, and children who commit prohibited acts.

Article 36. Responsibilities of law enforcement agencies

1. Implement or coordinate with relevant agencies and organizations to protect the legitimate rights and interests of children; proactively prevent, promptly detect, stop, and handle violations of laws concerning the protection, care, and education of children.

2. Coordinate with families, schools, and society to educate children who have committed legal violations.

3. The handling of children who have committed legal violations primarily aims at education and assistance to help children recognize their mistakes, correct them, and make progress.

Article 37. Responsibilities of the State

1. The State has policies to invest, promote socialization, and expand international cooperation to develop the cause of protecting, caring for, and educating children.

2. The State has policies to create conditions for children who are the offspring of war invalids, martyrs, those who have rendered meritorious service, ethnic minority children, children from poor households, and children residing in areas with difficult socio-economic conditions and extremely difficult socio-economic conditions to enjoy children's rights; provide support policies for families to fulfill their responsibilities in protecting, caring for, and educating children.

3. People's Committees at all levels are responsible for organizing the registration of birth, schooling, and health care for children of families without permanent residence registration where their parents work and live.

4. People's Committees at all levels are responsible for developing school networks, healthcare facilities, cultural houses, sports facilities, entertainment venues for children; encourage organizations and individuals to establish counseling centers for children, parents, guardians, and the public regarding the protection, care, and education of children.

Article 38. Supporting activities for the cause of protecting, caring for, and educating children

The State supports scientific and technological projects, literary and artistic works, all initiatives, and beneficial activities for the cause of protecting, caring for, and educating children; encourages economic organizations of various components to allocate part of their welfare funds or profits towards the protection, care, and education of children.

Article 39Child Welfare Fund

1. The Child Welfare Fund is established with the aim of mobilizing voluntary contributions from agencies, organizations, and individuals both domestically and internationally, international aid, and state budget support for the cause of protecting, caring for, and educating children.

2. The mobilization, management, and use of the Child Welfare Fund must be in accordance with its purpose and current financial regulations of the State.

Chapter IV

Protecting, Caring for, and Educating Children in Special Circumstances

Article 40. Children in special circumstances

Children in special circumstances include orphaned children without a place to stay, abandoned children; disabled children; children affected by chemical toxins; children infected with HIV/AIDS; children engaged in heavy, dangerous work, exposed to harmful substances; children working away from home; vagrant children; sexually abused children; drug-addicted children; children who violate the law.

Article 41. Work on protecting, caring for, and educating children in special circumstances

1. In the work of protecting, caring for, and educating children, it is necessary to focus on preventing and stopping children from falling into special circumstances; promptly addressing and alleviating the special circumstances of children; persistently assisting children in special circumstances to recover their physical and mental health and moral education; identifying, stopping, and promptly handling actions that lead children into special circumstances.

2. The care and upbringing of children in special circumstances shall mainly be carried out within the family or substitute family. Care and upbringing of children in special circumstances at child assistance facilities shall only apply to children who cannot be cared for or brought up within the family or substitute family.

3. Create conditions for children in special circumstances to integrate into regular schooling or attend specialized educational institutions.

Article 42. State Policy towards Children with Special Circumstances

1. The State shall have policies to create conditions for children with special circumstances to enjoy their rights; support individuals and families caring for and raising such children; encourage organizations and individuals to participate in assisting children, establish assistance facilities for children to ensure that all children with special circumstances without a place to rely on can be cared for and raised.

2. People's Committees at all levels shall be responsible for organizing care and raising of children with special circumstances in families, substitute families, or at public or non-public child assistance facilities.

3. Relevant ministries and sectors shall be responsible for providing professional guidance to child assistance facilities in addressing, mitigating special circumstances of children, restoring health, mental well-being, and moral education for children with special circumstances.

Article 43. Forms of Assistance for Children with Special Circumstances

Forms of assistance for children with special circumstances include:

1. Voluntary contributions in cash or kind;

2. Adopting, fostering, or forming substitute families to care for and raise children with special circumstances;

3. Participating in caring for and raising children with special circumstances at child assistance facilities;

4. Organizing activities to support children in mitigating special circumstances, restoring health, mental well-being, and moral education.

Article 44. Conditions for Establishing Child Assistance Facilities

Organizations, entities, and individuals wishing to establish child assistance facilities must meet the following conditions:

1. Physical infrastructure and equipment suitable for child assistance activities;

2. Professional staff suitable for child assistance activities;

3. Financial resources to cover costs of child assistance activities.

Article 45. Documents Required for Permission to Establish Child Assistance Facilities

1. Organizations, entities, and individuals wishing to establish child assistance facilities must obtain an operating permit from the competent state management agency.

2. Documents required for permission to establish child assistance facilities include:

a) Application for establishment of a child assistance facility;

b) Project for establishing a child assistance facility;

c) Documentation proving compliance with conditions for establishing a child assistance facility as stipulated in Article 44 of this Law;

d) Draft operational regulations of the child assistance facility;

đ) Curriculum vitae of the person establishing the child assistance facility;

e) Agreement of the People's Committee of the commune where the child assistance facility is located.

3. When changing the name, address, ownership, or content of activities of the child assistance facility, the organization, entity, or individual that established it must go through procedures to change the operating permit.

Article 46. Time Limit for Permitting Establishment of Child Assistance Facilities

1. Within thirty days from the date of receipt of the application for permission to establish a child assistance facility, the competent state management agency must process the application; if denied, the reasons must be stated in writing.

2. Child assistance facilities may only operate according to the content specified in the operating permit.

Article 47. Authority to Establish, Temporarily Suspend, or Revoke Operating Permits of Child Assistance Facilities

1. Authority to establish child assistance facilities:

a) The Minister, Head of a ministerial-level agency, or Head of a government-affiliated agency decides on the establishment of child assistance facilities under their management;

b) The Chairman of the Provincial People's Committee decides on the establishment of child assistance facilities under provincial management;

c) The Chairman of the District, Urban District, Town, or City People's Committee under provincial jurisdiction decides on the establishment of child assistance facilities under district, urban district, town, or city management.

2. Child assistance facilities violating any of the following contents will be temporarily suspended or have their operating permits revoked depending on the nature and severity of the violation:

a) The child assistance facility does not meet the conditions when applying for establishment;

b) Violation of the operational regulations of the child assistance facility approved;

c) Using funds for purposes other than assisting children;

d) Violation of children's rights.

3. The agency issuing the operating permit for the child assistance facility has the authority to temporarily suspend or revoke its operating permit.

Article 48. Tasks and Authorities of Child Assistance Facilities for Children with Special Circumstances

Child assistance facilities for children with special circumstances have the following tasks and authorities:

1. Implement one or more registered activities to assist children with special circumstances such as counseling; medical examination, treatment, detoxification; functional recovery, health, mental well-being, moral education; integration education, specialized education, vocational training; job placement; social, cultural, sports, entertainment activities; care and raising;

2. Ensure convenient, safe, and quality service provision;

3. Ensure funding for purposeful operation;

4. Manage and develop professional skills; manage finances, equipment, assets;

5. Have the right to accept financial and material support from domestic and foreign agencies, organizations, and individuals to carry out activities assisting children with special circumstances.

Article 49. Funding for Operation of Child Assistance Facilities for Children with Special Circumstances

Funding for operation of child assistance facilities for children with special circumstances includes:

1. State budget allocated to public child assistance facilities;

2. Self-generated funds of the agency, organization, or individual establishing the child assistance facility;

3. Support from domestic and foreign agencies, organizations, and individuals;

4. Contributions from families and close relatives of children with special circumstances.

5. Other lawful sources of income.

Article 50. Service Activities of Child Assistance Facilities

1. Child assistance facilities organize services based on needs for functional recovery, drug rehabilitation, HIV/AIDS treatment, vocational training for law-violating children, raising drug-addicted children, HIV-infected children, and other needs, charging service fees as prescribed or agreed upon in contracts with families or guardians.

2. Poor families' children requiring services are eligible for fee exemptions or reductions as determined by the head of the child assistance facility on a case-by-case basis.

The Government shall specify in detail the fee levels for services and the subjects exempted from or granted reductions on such fees.

Article 51. Orphans without a place to stay, abandoned children

1. Orphans without a place to stay and abandoned children shall be assisted by local People's Committees to find substitute families or be cared for and raised at public or private child assistance facilities.

2. The State encourages families and individuals to adopt children; agencies, organizations, and individuals to sponsor, care for, and raise orphans without a place to stay and abandoned children.

3. The State shall have policies to assist families, individuals, or private child assistance facilities in caring for and raising orphans without a place to stay and abandoned children.

Article 52Children with disabilities, victims of chemical toxins

Children with disabilities, victims of chemical toxins shall be supported and cared for by their families, the State, and society; conditions shall be created for early detection, treatment, and rehabilitation of their illnesses; they shall be enrolled in integrated classes or classes for children with disabilities; they shall be assisted in learning culture, trades, and participating in social activities.

Article 53. Children infected with HIV/AIDS

Children infected with HIV/AIDS shall not be discriminated against; conditions shall be created for them to receive medical treatment and be cared for at home or at child assistance facilities.

Article 54. Children engaged in heavy, dangerous work, exposed to toxic substances, or working away from home

1. Local People's Committees at all levels shall be responsible for promptly identifying and resolving situations where children are engaged in heavy, dangerous work or exposed to toxic substances; creating conditions for children to learn trades and engage in work suitable to their health and age within their locality.

2. Parents or guardians shall be responsible for maintaining regular contact with children working away from home to help and educate them.

3. The People's Committee of the commune where children are working away from home shall be responsible for creating conditions for children to live in a safe environment, receive healthcare, education, and moral cultivation.

Article 55. Street children

1. The People's Committee of the province where street children arrive shall cooperate with the People's Committee of the province where street children come from to organize and assist in returning them to their families; for street children without a place to stay, they shall be cared for and raised at substitute families or child assistance facilities; for street children from poor households, they shall be prioritized and assisted to eliminate poverty.

2. For children accompanying their families who are wandering, the People's Committee of the province where the family arrives shall be responsible for requiring and creating conditions for the wandering family to settle down and stabilize their lives, allowing children to enjoy their rights.

3. Local People's Committees at all levels shall be responsible for creating conditions for street children to live in a safe environment and avoid social evils.

Article 56. Children sexually abused

1. Sexually abused children shall be supported and cared for by their families, the State, and society through counseling, restoring physical and mental health, and creating conditions for stable living.

2. Agencies, organizations, and individuals shall be responsible for implementing educational, preventive, and reporting measures against sexual abuse of children.

Article 57. Drug-addicted children

1. Agencies and organizations related to drug prevention and control shall be responsible for organizing drug rehabilitation at home or at drug rehabilitation centers for drug-addicted children according to the provisions of the Law on Prevention and Control of Drugs.

2. Drug rehabilitation centers shall be responsible for creating conditions for drug-addicted children to participate in healthy and beneficial activities and must arrange for them to reside in areas designated for children.

3. Drug-addicted children undergoing compulsory drug rehabilitation shall not be considered as children subject to administrative violations.

Article 58. Children violating the law

1. Children violating the law shall be educated and assisted by their families, schools, and society to correct their mistakes, respect the law, abide by societal rules, and live responsibly towards themselves, their families, and society. The organization of education for children violating the law mainly takes place in the community or in correctional schools.

2. Administrative responsibility, civil liability, and criminal prosecution of children violating the law shall be carried out according to the law applicable to minors.

3. After being isolated from the community for a certain period due to administrative or criminal measures, when returning home, the People's Committee of the commune shall coordinate with relevant agencies and organizations to create conditions and assist them in continuing their education, vocational training, and job placement.

4. In cases where children have completed their education or punishment period but have no place to stay, the People's Committee of the province shall place them in special child assistance facilities, creating conditions for them to learn trades and find employment.

Chapter V

Implementation Provisions

Article 59. Effectiveness

This Law shall take effect from January 1, 2005.

This Law replaces the Law on Protection, Care, and Education of Children 1991.

Article 60. Implementation guidance

The Government shall promulgate detailed regulations and provide guidance on the implementation of this Law.

This Law was adopted by the National Assembly of the Socialist Republic of Vietnam, the 11th term, fifth session, on June 15, 2004./.