Circular No. 27/2022/TT-BLDTBXH guides children's participation in activities outside the family and educational institutions.

CIRCULAR

Guidelines on children's participation in activities outside the family,

 outside educational institutions

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BASED ON THE CHILDREN LAW dated April 5, 2016;

Pursuant to Decree No. 56/2017/NĐ-CP dated May 9, 2017 of the Government detailing certain provisions of the Law on Children;

Pursuant to Decree No. 62/2022/NĐ-CP dated September 12, 2022 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Labor, Invalids and Social Affairs;

At the proposal of the Director of the Department of Children;

The Minister of Labor, Invalids and Social Affairs issues this Circular guiding children's participation in activities outside the family, outside educational institutions.

Article 1. Scope of Regulation and Applicability

Article 1. This Circular guides children's participation in activities outside the family, outside educational institutions.

第二条 组织和实施奖励工作的支出水平，如政府第152/2025/NĐ-CP号决定关于分级授权和奖励领域的分权规定

a) Children participating in activities outside the family, outside educational institutions;

b) Agencies, organizations, enterprises organizing activities with children's participation outside the family, outside educational institutions;

c) Other agencies, organizations, units, individuals directly related to the organization of activities with children's participation outside the family, outside educational institutions.

Article 3. This Circular does not apply to children's participation in activities outside the family, outside educational institutions including: children's forums; seeking children's opinions during the process of building programs, policies, regulatory legal documents, decisions, plans, economic and social development plans concerning children or related to children.

Article 2. Interpretation of Terms

In this Circular, the following terms are understood as follows:

Activities with children's participation outside the family, outside educational institutions are activities organized by agencies, organizations, enterprises for children aimed at supplementing knowledge, cultivating moral qualities, personality, health, life skills, practical experiences where children participate without direct care and management by parents, family members, child caregivers, and educational institution managers and staff.

Article 3. Rights of children, parents, child caregivers when children participate in activities outside the family, outside educational institutions

Clause 1. Children have the right to express their opinions and wishes when participating in activities outside the family, outside educational institutions. Seeking children's opinions must be appropriate to the age, health, level of maturity, and development of the children.

In cases where children are seven years old or older, agencies, organizations, enterprises organizing activities outside the family, outside educational institutions shall be responsible for seeking the opinions of children and parents, child caregivers in accordance with point e, Clause 2, Article 4 of this Circular.

In cases where children are under seven years old, parents, child caregivers have the right to represent children to participate in activities outside the family, outside educational institutions. Seeking the opinions of parents, child caregivers shall be carried out in accordance with point e, Clause 2, Article 4 of this Circular.

Clause 2. Children have the right to participate in activities outside the family, outside educational institutions if the venue where children participate ensures safety, friendliness, suitability for the age and gender of children; rest areas, personal hygiene areas are suitable, creating favorable conditions for children, including children with disabilities; ensuring nutrition, food safety for children.

Clause 3. Children have the right to withdraw from participation if they find that activities outside the family, outside educational institutions do not meet or are not suitable for their needs and wishes. Parents, child caregivers are responsible for respecting the opinions and wishes of children.

Article 4. Rights and responsibilities of agencies, organizations, and enterprises organizing activities involving children outside the family and educational institutions

1. Agencies, organizations, and enterprises organizing activities involving children outside the family and educational institutions have the following rights:

a) To refuse children's participation in activities organized by the agency, organization, or enterprise before the children participate, if a health check reveals that the children are not in good health to participate;

b) To request parents or caregivers to withdraw children from participating in activities organized by the agency, organization, or enterprise if the children are not in good health.

2. Agencies, organizations, and enterprises organizing activities involving children outside the family and educational institutions have the following responsibilities:

a) To continuously monitor and follow up on the health of children throughout their participation in activities outside the family and educational institutions organized by the agency, organization, or enterprise;

b) To provide full information about the program, time, duration, location, number of children participating, form of organization, and human resources (including guides, coordinators, volunteers, child supervisors, lecturers) to children, parents, and caregivers before the children participate in the activity;

c) To publicly disclose the contribution funds for activities involving children outside the family and educational institutions to children, parents, and caregivers before the children participate in the activity;

d) To ensure medical conditions and human resources to promptly provide first aid and emergency care for children participating in the activity;

e) To prevent and combat child abuse, accidents, injuries, fires, and epidemics according to regulations;

To promptly notify the People's Committee of the commune where the agency, organization, or enterprise organizes activities involving children outside the family and educational institutions when incidents of violence, abuse, accidents, or injuries to children occur;

f) To seek opinions from parents or caregivers before children participate in activities outside the family and educational institutions according to the model attached as Appendix I to this Circular, and to seek opinions from children aged seven years or older according to the model attached as Appendix II to this Circular;

g) To manage and store records including: lists of personnel involved in organizing activities involving children outside the family and educational institutions; opinions of parents or caregivers; opinions of children.

3. To notify the direct superior authority or the managing agency before organizing activities in cases where the agency, organization, or enterprise organizing activities involving children outside the family and educational institutions belongs to political-social organizations or armed forces.

In cases where organizations or enterprises have the function and responsibility of organizing activities involving children outside the family and educational institutions, they must notify the People's Committee of the commune where the organization or enterprise organizes the activity before organizing the activity.

In cases where religious establishments conduct religious classes involving children or organize activities involving children outside the family and educational institutions, they shall comply with the laws on beliefs and religions.

Article 5. Responsibilities of tour guides, coordinators, volunteers, child supervisors, and instructors participating in activities outside the family and educational institutions involving children.

1. Commit to protecting children according to the model attached as Appendix III to this Circular.

2. Ensure the privacy and confidentiality of children's personal information.

3. Possess knowledge about children’s rights and have good moral character.

4. Not be subject to administrative penalties for acts harmful to children. They must not be under criminal investigation or have completed their sentence but not yet had their criminal record expunged.

5. For personnel directly guiding children in knowledge, skills, content, and programs of activities outside the family and educational institutions, they must comply with the provisions of Clauses 1, 2, 3, and 4 of this Article and possess appropriate knowledge, skills, and methods of communication suitable for children.

Article 6. Programs and Content of Activities Involving Children Outside the Family and Educational Institutions

1. Programs and content of activities involving children outside the family and educational institutions must comply with laws on children; be appropriate to the capabilities and age of children; ensure safety, healthiness, friendliness, and not affect the comprehensive development of children.

2. Programs and content of activities involving children outside the family and educational institutions include the following components: learning knowledge; learning skills; supplementary activities, entertainment and recreation.

3. The program and content of each component specified in Clause 2 of this Article shall include the following main elements:

a) Objectives and requirements;

b) Time, duration, location;

c) Participants, number of children involved;

d) Organizational form;

đ) Budget;

e) Assignment of responsibilities.

Article 7. Responsibilities of the Ministry of Labor, Invalids and Social Affairs

1. Popularize, guide, inspect, and audit in accordance with the law the implementation of policies and laws on child protection and children's participation in issues concerning children; children's participation in activities outside the family and educational institutions.

2. Summarize the operation of agencies, organizations, and enterprises organizing activities involving children outside the family and educational institutions.

Article 8. Responsibilities of Direct Superior Agencies or Competent Authorities

Inspect and audit within their authority the activities involving children outside the family and educational institutions conducted by subordinate agencies, organizations, and enterprises.

Article 9. Responsibilities of People's Committees at all levels

1. Popularize, guide, inspect, and audit within their authority the implementation of legal provisions on children when children participate in activities outside the family and educational institutions within their jurisdiction.

2. Summarize and report activities involving children outside the family and educational institutions in the child work report.

Article 10. Effective Date

1. This Circular takes effect from March 1, 2023.

2. During the implementation process, if there are difficulties or obstacles, agencies, organizations, or individuals should reflect and send comments to the Ministry of Labor, Invalids and Social Affairs for consideration and resolution./.