Decree No. 36/2005/ND-CP provides detailed regulations for implementation of certain provisions of the Law on Protection, Care, and Education of Children.

DECREE OF THE GOVERNMENT

Regulations on the detailed implementation of certain provisions

of the Law on Protection, Care and Education of Children

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Law on Protection, Care and Education of Children dated June 15, 2004;

At the proposal of the Minister, Chairman of the National Committee for Population, Family and Children,

DECREE:

PART I
GENERAL PROVISIONS

Article 1. Scope of application

This Decree stipulates the detailed implementation of certain provisions of the Law on Protection, Care and Education of Children regarding the subjects of children enjoying rights and performing duties, acts violating children's rights, registration of birth and determination of parents for children, protection of interests for children living apart from their parents, medical examination and treatment for children under six years old, Child Welfare Fund, work on protection, care, and education of children with special circumstances, child assistance facilities, and the responsibilities of state management agencies in protecting, caring for, and educating children.

Article 2. Subjects of children enjoying rights and performing duties

1. Vietnamese citizens are entitled to enjoy rights and perform duties as prescribed by the Law on Protection, Care and Education of Children and other relevant laws.

2. Vietnamese citizens residing abroad shall enjoy rights and perform duties as prescribed by Vietnamese law and the law of the country where they reside. In cases where Vietnamese law and the law of the country where Vietnamese citizens reside have different provisions, the rights and duties of children shall be implemented according to international treaties to which both countries are parties.

In the absence of an international treaty between Vietnam and another country, the rights and duties of Vietnamese citizens shall be implemented according to international custom or an agreement between the two countries in specific cases.

3. Foreigners residing in Vietnam shall enjoy rights and perform duties as prescribed by international treaties to which both countries are parties.

 

PART II
ACTS VIOLATING CHILDREN'S RIGHTS

Article 3. Parents abandoning their children, guardians abandoning the children under their guardianship

1. After giving birth, parents abandon their children, failing to care for and nurture them.

2. Parents or guardians entrust children to others for care, severing ties, and fail to fulfill their duty to contribute to the care and nurturing of the children despite having the ability to do so, except in cases of adoption.

3. Parents or guardians neglect children, allowing them to fend for themselves, failing to care for, nurture, and educate them, thereby placing them in special circumstances.

Article 4. Inducing, enticing children to wander, exploiting wandering children for profit

1. Engaging in conversation, writing, translating, reproducing books, newspapers, materials, pictures, recordings, or other actions aimed at inducing or enticing children to leave home and wander.

2. Using money, material goods, reputation, or other benefits to induce or entice children living with their families to leave home and wander.

3. Gathering and harboring wandering children to sell lottery tickets, books, newspapers, pictures, peddle goods, or engage in other activities for profit.

4. Parents or guardians compel children to wander to earn a living.

Article 5. Inducing, deceiving, compelling children to buy, sell, transport, store, use illegal drugs; enticing children to gamble; selling or providing children with alcohol, tobacco, and other harmful stimulants

1. Engaging in conversation, writing, translating, reproducing books, newspapers, materials, pictures, recordings, or other actions aimed at inducing or enticing children to buy, sell, transport, store, use illegal drugs, gamble, use alcohol, tobacco, and other harmful stimulants that affect children's health and development.

2. Using money, material goods, reputation, or other benefits to induce or entice children to buy, sell, transport, store, use illegal drugs.

3. Using money, material goods, reputation, or other benefits to entice children to gamble; organizing gambling for children in any form.

4. Using deceitful or fraudulent methods to induce children to buy, sell, transport, store, use illegal drugs.

5. Using force, threatening to use force, or using authority to compel children to buy, sell, transport, store, use illegal drugs.

6. Selling alcohol, tobacco, and other harmful stimulants to children.

7. Providing children with alcohol, tobacco, and other harmful stimulants.

Article 6. Inducing, deceiving, leading, harboring, compelling children to engage in prostitution; sexually abusing children

1. Using money, material goods, reputation, or other benefits to induce or entice children to engage in prostitution.

2. Using deceitful or fraudulent methods to induce children to engage in prostitution.

3. Leading, guiding, brokering, organizing, inciting children to engage in prostitution.

4. Concealing, renting, lending, or arranging places for children to engage in prostitution.

5. Using force, threatening to use force, or using authority to compel children to engage in prostitution.

6. Exposing children to pornographic cultural products or influencing their bodies to stimulate sexual interest in children.

7. Raping, forcing, engaging in sexual intercourse with children.

Article 7. Exploiting, inducing, compelling children to buy, sell, use violent, pornographic cultural products; producing, copying, circulating, transporting, storing pornographic children's cultural products; producing, trading dangerous toys and games harmful to children's healthy development

1. Using emotional relationships, reputation, dependence of children, deceit, fraud to induce or entice children to buy, sell, rent, use violent, pornographic cultural products or products with violent, pornographic content.

2. Using money, material goods, reputation, or other benefits to induce or entice children to buy, sell, rent, use violent, pornographic cultural products or products with violent, pornographic content.

3. Using force, threatening to use force, or using authority to compel children to buy, sell, rent, use violent, pornographic cultural products or products with violent, pornographic content.

4. Writing, translating, copying, producing, circulating, transporting, storing pornographic children's cultural products.

5. Producing, transporting, trading, importing toys and games that promote violence, pornography, danger, and harm to children's healthy development.

Article 8. Beating, torturing, humiliating, appropriating, kidnapping, buying, selling, swapping children; exploiting children for profit; inciting children to hate their parents or guardians or infringing upon the lives, bodies, dignity, and reputations of others.

1. Striking or engaging in violent acts that harm the body causing physical and mental pain to children.

2. Treating poorly, depriving of food and drink, making them endure cold, wearing torn clothes, not allowing or restricting personal hygiene, confining in harmful or dangerous environments, or forcing them to perform actions contrary to societal morals.

3. Insulting, belittling, defaming, damaging their dignity and reputation, causing mental injury, affecting the development of children.

4. Forcing children to beg; renting, lending children or using them for begging.

5. Using force, threatening to use force, or employing other means to appropriate or kidnap children.

6. Buying, selling children in any form.

7. Swapping children for any purpose.

8. Inciting, provoking children in any form to make them hate their parents or guardians.

9. Inciting, provoking children or organizing children to infringe upon the lives, bodies, dignity, and reputations of others.

Article 9. Exploiting child labor, using children for heavy, dangerous work, or exposure to toxic substances, or having them perform other tasks contrary to labor laws.

1. Parents, guardians, or foster parents forcing children to perform household chores beyond their capacity or time limits, adversely affecting the development of children.

2. Using children for work in nightclubs, massage establishments, physiotherapy centers, casinos, karaoke restaurants, bars, beer shops, or places with risks of negatively impacting the personality development of children.

3. Using children in the production, sale of cultural products, goods, or games that incite violence, obscenity, or danger, harmful to the development of children.

4. Using children for work contrary to labor laws or in compliance with regulations but forcing them to work beyond their capacity or time limits, without payment or underpayment.

Article 10. Obstructing children's education.

1. Using force, threatening to use force, or utilizing material resources, authority to compel children to drop out or skip school.

2. Tempting, enticing children to drop out or skip school.

3. Forcing children to drop out or skip school to exert pressure, file illegal complaints, or participate in unlawful protests.

4. Damaging educational facilities, equipment in educational institutions.

5. Intentionally failing to fulfill obligations as prescribed, not ensuring sufficient time or conditions for children's education.

Article 11. Applying measures that insult, demean honor, or use torture against children who violate the law.

1. Insulting, belittling, forcing children to perform acts that insult, demean their honor and dignity.

2. Torturing, causing physical pain or mental injury to children who violate the law.

Article 12. Establishing production facilities, warehouses for pesticides, toxic chemicals, flammable and explosive materials near childcare facilities, educational institutions, healthcare facilities, cultural venues, children's entertainment sites.

1. Pesticides, toxic chemicals, flammable and explosive materials include various types of pesticides, herbicides, kerosene, arsenic compounds, rodenticides, gasoline, oil, gas, explosives, radioactive substances, and other chemicals as prescribed by current laws.

2. Establishing production facilities, warehouses for pesticides, toxic chemicals, flammable and explosive materials within a range that affects the health or endangers the lives of children at childcare facilities, educational institutions, healthcare facilities, cultural venues, children's entertainment sites, or vice versa.

3. Establishing businesses producing hazardous waste or generating significant noise within a range that affects childcare facilities, educational institutions, healthcare facilities, cultural venues, children's entertainment sites.

Article 13. Handling violations of children's rights.

Any person committing acts violating children's rights as stipulated in this Decree or violating other relevant legal provisions concerning children's rights, affecting their normal development, shall be subject to disciplinary action, administrative penalties, or criminal prosecution depending on the nature and severity of the violation; if damage is caused, compensation must be provided according to the law.

CHAPTER III
RESPONSIBILITY FOR ENSURING CHILDREN'S BASIC RIGHTS.

Article 14. Registering births for children.

1. Parents, guardians are responsible for registering the birth of children within the prescribed period. Birth registration for children is carried out in accordance with the law on civil status registration.

2. The People's Committee of communes, wards, towns (hereinafter referred to as the People's Committee of the commune level) is responsible for registering the birth of children; mobilizing parents, guardians to register the birth of children within the prescribed period. In cases where there is a lack of documentation or procedures, the competent authority for birth registration must provide guidance, and must not create difficulties or inconvenience for those registering the birth.

3. Civil status officers are responsible for assisting the People's Committee of the commune level in receiving documentation, verifying, checking, processing birth registration procedures; regularly checking and promptly registering births; disseminating and mobilizing the public to comply with civil status laws; implementing reporting requirements; using prescribed forms; storing records and documentation related to birth registration. In areas with difficult access and where customs and traditions still influence the population, civil status officers must have regular schedules to visit households to register the birth of children.

4. Children from poor households are exempt from paying birth registration fees. The People's Committee of the commune level determines families classified as poor households according to the current poverty standards applicable during each period.

5. Population, Family, and Child Departments at all levels take the lead and coordinate with judicial authorities at the same level to promote, guide, and assist parents, guardians to register the birth of children within the prescribed period.

Article 15. Determining parents for children.

1. Children whose parents have not been identified, if they request to identify their parents, including cases where the parents have died, may have their parents determined by the Court in accordance with the law.

2. Parents, guardians, population, family, and children agencies at all levels, Women's Union organizations at all levels, and other entities or individuals as prescribed by civil procedure laws have the right to request the court to determine the parents of the child.

3. Population, family, and children agencies at all levels, Women's Union organizations at all levels, upon receiving information about the needs of children wishing to determine their parents, must take responsibility for investigating, verifying, and requesting the court to determine the parents of the child.

Article 16. Ensuring the interests of children living separately from their parents

1. When the father and mother are under temporary detention, pre-trial detention, or serving a criminal sentence, the child must live separately from the parents and be cared for and raised by others, except for children under thirty-six months old.

2. If parents are restricted by the court in their rights over underage children, during the execution of the court's decision, the child will be assisted and protected; if the court decides not to allow the parents to care for, raise, and educate the child, the child must live separately from the parents and be cared for and raised by others.

3. People's Committees at all levels are responsible for organizing substitute care and raising for children who must live separately from their parents through forms such as entrusting relatives, substitute families, or local child assistance facilities to care for and raise the children.

4. Population, family, and children agencies at all levels are responsible for verifying the living conditions, circumstances, and economic capacity of relatives, substitute families, and child assistance facilities to propose substitute caregivers for children who must live separately from their parents; they must contact and implement the People's Committee's decisions on substitute care and raising; regularly inspect the living conditions of children who must live separately from their parents after being entrusted to substitute caregivers.

5. During the time children are in educational rehabilitation centers or drug rehabilitation centers, their parents or guardians are responsible for frequently visiting, encouraging, and assisting them; educational rehabilitation centers and drug rehabilitation centers must create conditions for children to maintain contact with their families or substitute families; People's Committees, people's organizations, and social organizations at the commune level where children enter educational rehabilitation centers or drug rehabilitation centers must take specific measures to help children progress and reintegrate into their families and communities when returning.

Article 17. Protecting children when parents or guardians fail to ensure conditions for children to live together

1. Parents or guardians who do not meet the conditions for children or minors to live with them, if they commit any of the following acts:

a) Beating, abusing, humiliating, causing injury, or causing mental disorder to children;

b) Inciting or forcing children to steal property; infringing on the lives, causing injuries to others; buying, selling, transporting, storing, or using illegal drugs or harmful stimulants; engaging in prostitution or performing other illegal or socially immoral activities;

c) Having a decadent lifestyle; neglecting children or inciting children to fall into a decadent life; allowing children to store, use, or carry dangerous weapons or toxic chemicals;

d) Forcing children to engage in heavy labor, work in dangerous conditions, or come into contact with harmful substances contrary to labor laws.

2. Measures to ensure the interests of children when parents or guardians fail to ensure conditions for children to live together include:

a) When parents or guardians commit acts as stipulated in Clause 1 of this Article, population, family, and children agencies at all levels, Women's Union organizations at all levels, and other entities or individuals as prescribed by civil procedure laws have the right to initiate litigation and request the court to limit the rights of parents or guardians by separating the parents or guardians from the children;

b) In cases of emergency, to protect the legitimate rights and interests of children before a court decision, population, family, and children agencies at all levels, Women's Union organizations at all levels, and other entities or individuals as prescribed by civil procedure laws have the right to file a petition requesting the competent court to issue a temporary decision entrusting children to relatives for care, raising, and education. In cases where there are no relatives, the children may be entrusted to substitute families or child assistance facilities to separate the children from their parents or guardians until the court's decision;

c) After the court's decision, the organization of substitute care and raising for children who must live separately from their parents shall be carried out according to the provisions of Clause 3 and Clause 4 of Article 16 of this Decree.

Article 18. Provisions on free medical examination and treatment for children under six years old at public health facilities

1. Children under six years old are those under seventy-two months old.

2. Public health facilities providing medical examination and treatment for children under six years old include health facilities under the Ministry of Health, central and local agencies and units.

3. Issuing and using Medical Examination and Treatment Cards.

a) Children under six years old are entitled to receive a Medical Examination and Treatment Card for free medical examination and treatment at public health facilities (hereinafter referred to as the Medical Examination and Treatment Card). The Medical Examination and Treatment Card is issued once. The validity period stated on the Card is calculated from the date of issuance until the child reaches seventy-two months old.

b) Commune People's Committees are responsible for issuing and recalling the Medical Examination and Treatment Card correctly and reporting the implementation situation periodically.

c) The Population, Family, and Children Commission guides the model, procedures, files for issuing, recalling, and using the Medical Examination and Treatment Card uniformly nationwide.

d) Parents of children under six years old, guardians of children under six years old are responsible for using and preserving the Medical Examination and Treatment Card in accordance with regulations.

e) Strictly prohibited from borrowing, lending, forging, or using fake Medical Examination and Treatment Cards for medical examination and treatment. Anyone who borrows, forges, uses fake cards, or takes advantage of medical examination and treatment for children under six years old for personal gain will be subject to disciplinary action, administrative penalties, or criminal liability according to the law depending on the nature and severity of the violation.

4. Implement medical examinations and treatments.

a) Children under six years old when undergoing medical examinations and treatments at public health facilities must present a Medical Examination and Treatment Card; in cases where they have not been issued such a card, they must present a Birth Certificate or a Birth Certificate Supplement or a certificate from the People's Committee of the commune.

b) Public health facilities are responsible for receiving, guiding, and implementing medical examinations and treatments for children under six years old. In cases where their professional capacity is exceeded, they shall refer to higher-level health facilities according to current regulations of the Ministry of Health.

c) In emergency situations, cases exceeding the level, or cases contrary to the level, public health facilities are responsible for promptly receiving and treating, conducting outpatient examinations and treatments or admitting patients based on the condition of the illness.

d) At public health facilities organizing medical examinations and treatments using high-end services and techniques, if families of patients request their use, public health facilities may collect from the families the difference between the cost of these services and techniques and the current reimbursement rate.

đ) Children under six years old who are benefiting from policies of free medical examinations and treatments according to other regulations will be transferred to follow the provisions of this Decree for medical examinations and treatments.

e) The Child Welfare Fund, public health facilities can mobilize organizations and individuals both domestically and internationally, humanitarian and charitable activities to support funding for the treatment of children under six years old with serious illnesses.

5. Prepare the budget estimate for medical examinations and treatments for children under six years old.

a) For Ministries, agencies, and units at the central level:

Annually, during the time specified for preparing the state budget, the Ministry of Health shall take the lead and coordinate with Ministries, agencies, and units at the central level that have public health facilities to prepare the budget estimate for medical examinations and treatments for children under six years old and submit it to the Ministry of Finance for consolidation and submission to the competent authority for decision-making.

Based on the allocated budget estimate for medical examinations and treatments for children under six years old, the Ministers, Heads of agencies, and units at the central level shall be responsible for allocating and assigning the budget to subordinate public health facilities as a separate item, submitting it to the Ministry of Finance for review according to the State Budget Law. During implementation, Ministries, agencies, and units at the central level may adjust the budget for medical examinations and treatments for children under six years old between surplus and deficit units. If there is still a shortage after adjustment, based on the proposal of the Ministry, agency, or unit at the central level, the Minister of Finance shall decide to supplement from the central government's reserve fund to ensure timely and sufficient funds for medical examinations and treatments for children under six years old.

The remaining budget for medical examinations and treatments for children under six years old at the end of the year that has not been used shall be carried over for continued use and serve as a basis for balancing the budget estimate for medical examinations and treatments for children under six years old in the following year, and shall not be used for other purposes.

b) For localities:

Annually, during the time specified for preparing the state budget, the Provincial Population, Family, and Youth Committee shall be responsible for tallying the number of children under six years old within its jurisdiction and submit it to the Department of Health for the preparation of the annual budget estimate for medical examinations and treatments for children under six years old.

The Department of Health shall take the lead in preparing the budget estimate for medical examinations and treatments for children under six years old and submit it to the Department of Finance for consolidation and reporting to the Provincial People's Committee for submission to the competent authority for decision-making.

For provinces facing difficulties, the central government budget will provide support according to the State Budget Law to ensure funds for medical examinations and treatments for children under six years old.

Based on the allocated budget estimate for medical examinations and treatments for children under six years old, the Department of Health shall be responsible for allocating the budget as a separate item and notify public health facilities in the locality to submit it to the Department of Finance for review according to the State Budget Law. Specifically, for Commune Health Stations, based on the budget notification from the Department of Health to the District Health Office; the District Health Office shall issue a budget notification for medical examinations and treatments for children under six years old to the Commune People's Committee while also sending it to the Commune Health Station and the Treasury where the Commune People's Committee conducts transactions. During implementation, the Department of Health shall adjust the budget between surplus and deficit areas to ensure timely funds for medical examinations and treatments for children under six years old. If there is still a shortage after adjustment, based on the proposal of the Department of Finance and the Department of Health, the Provincial People's Committee shall decide to use the local government reserve fund and other legitimate financial sources according to the prescribed system to ensure sufficient and timely funds for medical examinations and treatments for children under six years old.

6. Management, utilization, and settlement of the budget for medical examinations and treatments for children under six years old.

a) Public health facilities under Ministries, agencies, and units at the central level, based on the budget estimate assigned by the Minister or Head of the agency or unit at the central level, shall withdraw the budget for medical examinations and treatments for children under six years old according to the estimate at the Treasury where transactions are conducted.

b) Public health facilities at the provincial and district levels, based on the budget notification from the Department of Health, shall withdraw the budget for medical examinations and treatments for children under six years old according to the estimate at the Treasury where transactions are conducted.

c) For Commune Health Stations, based on the budget notification from the District Health Office, the Commune People's Committee shall withdraw the budget for medical examinations and treatments for children under six years old according to the estimate at the Treasury where transactions are conducted.

d) Public health facilities tasked with providing medical examinations and treatments without charge to children under six years old shall settle the costs of medical examinations and treatments according to the current hospital fee rates.

7. Settlement of the budget for medical examinations and treatments for children under six years old.

a) Public health facilities shall settle the budget for medical examinations and treatments for children under six years old separately according to the guidelines of the Ministry of Finance; they shall be responsible for managing, utilizing, and settling the budget accurately and legally, ensuring the correctness and legality of the settlement documents.

b) Public health facilities under ministries, agencies, and central units shall submit final reports on medical examination and treatment expenses for children under six years old to their supervising authorities; such supervising authorities shall be responsible for reviewing, examining, and consolidating these final reports to send to the Ministry of Finance for review according to current regulations.

c) Local public health facilities shall submit final reports on medical examination and treatment expenses for children under six years old to the Department of Health. For Health Stations at the commune level, the People's Committee at the commune level shall prepare final reports to send to the Health Office at the district level for consideration, review, and consolidation to send to the Department of Health. The Department of Health shall be responsible for reviewing, examining, and consolidating these final reports to send to the Department of Finance for review and consolidation to submit to the competent authority for approval, and then to the Ministry of Finance for consolidation according to current regulations.

d) The Ministry of Finance shall be responsible for consolidating final reports on medical examination and treatment expenses for children under six years old from ministries, agencies, and central units, as well as localities, into the final report on the state budget to report to the Prime Minister according to current regulations.

8. The Ministry of Health, the Ministry of Finance, the Population, Family, and Children Commission, and the People's Committees at the provincial level shall organize regular inspections and audits of the implementation of policies and the use of medical examination and treatment expenses for children under six years old according to their assigned functions and tasks.

Article 19. Child Support Fund

1. The Child Support Fund is established with the purpose of mobilizing contributions from domestic and foreign agencies, organizations, individuals, international aid, and state budget support for the cause of protecting, caring for, and educating children.

The Child Support Fund will initially receive state budget support upon establishment. Annually, based on its operational effectiveness, the Fund may be considered for state budget support in specific cases according to the State Budget Law.

2. The Child Support Fund established at which level shall be managed and utilized by the corresponding Population, Family, and Children agency for the protection, care, and education of children, and shall not be used for other purposes.

3. The Child Support Fund operates on the principle of not seeking profit; respecting the purpose of contributions; publicly disclosing sources of income and expenditures; utilizing funds through approved activity plans, agreements signed with sponsors, or sponsor requirements; and not using the Fund for illegal activities.

4. The children supported by the Child Support Fund include orphaned children without guardianship, abandoned children; disabled children; children affected by chemical toxins; children infected with HIV/AIDS; children engaged in heavy, dangerous work, or exposed to harmful substances; children working away from home; vagrant children; sexually abused children; drug-addicted children; children who violate laws; children suffering from serious, life-threatening illnesses with high treatment costs; children in mountainous, remote, revolutionary base areas, disaster-stricken, and epidemic-prone regions; children from poor families who excel academically and other emergency cases requiring support as stipulated by law.

5. The Child Support Fund can be used to cover high medical treatment costs for seriously ill children, to provide scholarships and school supplies, to subsidize living expenses during natural disasters, epidemics, and accidents; to build kindergartens and recreational facilities for children in particularly difficult communes, mountainous, remote, ethnic minority, and revolutionary base areas; other expenses consistent with the fund's objectives, and expenses for managing the fund.

6. The Population, Family, and Children Commission shall take the lead and coordinate with the Ministry of Finance to guide, inspect, and audit the management and use of the Child Support Fund to ensure it is used for its intended purpose and effectively.

PART IV
PROTECTING, CARING FOR, AND EDUCATING CHILDREN WITH SPECIAL CIRCUMSTANCES
CIRCUMSTANCES EXIST الاستثائية

Article 20. Work on protecting, caring for, and educating children with special circumstances at the grassroots level

The Population, Family, and Children Agency at the commune level shall cooperate with the Labor, Invalids, and Social Affairs Agency and related agencies and organizations to assist the Commune People's Committee in organizing the protection, care, and education of children with special circumstances within their jurisdiction, including:

1. Together with families and substitute families, child assistance facilities for children with special circumstances shall establish registers to track the development of each child with special circumstances.

2. Mobilize agencies, organizations, families, and individuals to adopt or foster children with special circumstances without guardianship or means of support. In cases where children with special circumstances cannot be cared for or raised in families or substitute families, they shall be registered and sent to child assistance facilities.

3. Promote education, provide information, knowledge, and guidance on practical skills for parents, guardians, family members, and caregivers of children with special circumstances regarding measures to resolve, mitigate, restore health and spirit, educate morals, and reintegrate them appropriately according to their special circumstances.

4. Organize the implementation of preventive measures to prevent children from falling into special circumstances; coordinate with authorized agencies, organizations, and individuals in investigating, identifying, and handling actions that lead children into special circumstances and violations of children's rights according to the law.

Article 21. Management of children with special circumstances

The Population, Family, and Children Agency shall take the lead and coordinate with the Labor, Invalids, and Social Affairs Agency and relevant agencies to assist the People's Committee at the same level in performing the task of managing children with special circumstances, including:

1. Organizing and managing the collection, processing, and analysis of information and data on children with special circumstances by group, degree of special circumstances, and type of child assistance; preparing reports on the situation of children with special circumstances according to regulations.

2. Develop plans and guide coordination in organizing the implementation of work to protect, care for, and educate children with special circumstances, ensuring that all such children receive assistance, have opportunities to recover their health, spirit, and moral education, and integrate into their families and communities.

3. Coordinate with departments and sectors to build and implement local policies and support systems for children with special circumstances.

4. Take the lead and coordinate with agencies and organizations in implementing preventive measures, stopping, resolving, mitigating special circumstances of children, recovering their health, spirit, and moral education, and promptly detecting and handling violations of children's rights.

5. Inspect and audit the implementation of systems, policies, measures, standards, professional procedures, technical regulations, and other provisions in the work of protecting, caring for, and educating children with special circumstances at various levels and sectors, and child assistance facilities.

Article 22. Assist children who have violated the law and completed their educational period or punishment.

1. Children who have violated the law and completed their educational period or punishment without a place to rely on shall be admitted to child assistance facilities.

2. The population, family, and children agency takes the lead and coordinates with relevant agencies to mobilize enthusiastic, experienced, and knowledgeable individuals about children's psychology to organize and manage child assistance facilities to carry out substitute care and nurturing.

3. Child assistance facilities are responsible for caring for, nurturing, and creating conditions for children to study culture, learn trades, or engage in suitable work.

4. People's Committees at all levels take the lead and coordinate with relevant agencies to mobilize agencies, organizations, enterprises, and individuals to provide financial support, accept children for work and study. Provincial People's Committees have policies to encourage agencies, organizations, enterprises, and individuals to accept children for work and study.

5. For children who have violated the law and completed their educational period or punishment but still have a place to rely on but cannot reintegrate into their families, they shall be admitted to child assistance facilities, and parents are responsible for contributing part of the funding according to agreements with child assistance facilities to nurture and educate these children.

Article 23. Child assistance facilities

1. Child assistance facilities operate based on specific contents.

a) Specific contents include educating deaf, mute, and blind children; educating and reforming children who violate the law; detoxifying drug-addicted children; managing, nurturing, and educating children under social welfare protection; organizing meals, accommodation, and living arrangements for specific groups of children with special circumstances.

b) The organization and operation of child assistance facilities operating based on specific contents are carried out in accordance with the Law on Protecting, Caring for, and Educating Children, government regulations on establishment, operation, and related laws.

c) The Ministry of Education and Training, the Ministry of Public Security, and the Ministry of Labor, Invalids, and Social Affairs are responsible for managing and providing professional guidance to child assistance facilities under their management.

2. Child assistance facilities operate based on industry and field-specific contents.

a) Industry and field-specific contents include medical examinations, treatments, functional recovery, cultural education, vocational training, job placement, cultural, and sports activities.

b) The organization and operation of child assistance facilities operating based on industry and field-specific contents are carried out in accordance with the Law on Protecting, Caring for, and Educating Children and laws applicable to industries and fields.

c) Ministries and agencies equivalent to ministries managing industries and fields are responsible for managing and providing professional guidance to child assistance facilities under their management.

3. Child assistance facilities operate based on mixed contents.

a) Mixed contents involve multiple industries and fields and multiple groups of children with special circumstances, such as counseling on knowledge and skills; organizing meals, accommodation, and living arrangements for multiple groups of children; assisting with medical treatment, integration education, vocational training, job placement, cultural, and social activities.

b) The organization and operation of child assistance facilities operating based on mixed contents are carried out in accordance with the Law on Protecting, Caring for, and Educating Children and related laws concerning the content of child assistance activities.

c) The Population, Family, and Children Commission leads and coordinates with relevant agencies to manage and provide professional guidance to child assistance facilities operating based on mixed contents, ensuring that all child assistance facilities are managed and operated in accordance with the law.

Article 24. State management of child assistance facilities

1. Population, Family, and Children Agencies at all levels lead and coordinate with relevant agencies at the same level to implement state management over child assistance facilities within their jurisdiction, including:

a) Building and directing the implementation of general planning to ensure that various types of child assistance facilities are appropriate for different groups of children within the area, providing opportunities for all children with special circumstances to recover their health, spirit, and moral education; helping children with special circumstances without a place to rely on to be cared for and nurtured at home, foster homes, or child assistance facilities;

b) Inspecting and auditing the organization and operation of all child assistance facilities within the area, ensuring that all child assistance facilities operate according to their intended purposes and in compliance with the law;

c) Implementing state management contents over child assistance facilities operating based on mixed contents.

2. Ministries, sectors, and provincial People's Committees lead and coordinate with relevant agencies in state management over child assistance facilities under their management, including:

a) Building and directing the implementation of planning and development plans for child assistance facilities operating for the purpose of protecting children's rights or service provision;

b) Building and submitting to competent authorities for issuance or issuing within their authority systems, policies, standards, and professional procedures and technical regulations regarding the assistance of children with special circumstances.

c) Provide business guidance, train staff, and supply information to child assistance facilities;

d) Decide on establishment, issue operating permits, dissolution, and suspension of operations for child assistance facilities under its management;

đ) Inspect and audit the organization and operation of child assistance facilities; handle complaints and reports; address violations; conduct mid-term and final reviews on the organization and operation of child assistance facilities;

CHAPTER V
RESPONSIBILITIES OF STATE MANAGEMENT ORGANIZATIONS AND ORGANIZATIONS AND INDIVIDUALS PROVIDING SERVICES IN IMPLEMENTING SERVICE PRICES

Article 25. Responsibilities of the Population, Family, and Children Committee

1. Implement state management functions regarding the protection, care, and education of children according to the assigned state management contents.

2. Take the lead and coordinate with ministries, ministerial-level agencies, government agencies, and related organizations to develop, submit to competent authorities for issuance, or issue within their authority legal normative documents, strategies, programs, plans, and measures concerning the protection, care, and education of children; provide guidance, inspect, and audit the implementation of Party policies and State laws on the protection, care, and education of children.

3. Take the lead and coordinate with relevant agencies to implement the state management contents stipulated in Clause 2, Article 24 of this Decree for child assistance facilities operating in mixed content areas.

4. Take the lead and coordinate with state agencies, departments, mass organizations, and social organizations to implement policies and laws on the protection, care, and education of children; organize the implementation of programs of action for children, programs for protecting and caring for children in special circumstances, projects, plans, and models on the protection, care, and education of children; organize the coordination of propaganda, mobilization, and legal education on the protection, care, and education of children.

5. Organize the collection, processing, and exploitation of information and data; implement international cooperation activities; organize scientific research, application of science, and technology transfer in the field of protection, care, and education of children.

6. Issue standards, quotas, and guidelines for organizing the implementation of the protection, care, and education of children; activities of child assistance facilities under its management.

Article 26. Responsibilities of the Ministry of Planning and Investment

1. Guide ministries, sectors, provincial People's Committees to build and consolidate plans on the protection, care, and education of children in annual and long-term socio-economic development plans.

2. Take the lead and coordinate with the Population, Family, and Children Committee to guide and inspect the implementation of plan targets on the protection, care, and education of children; regularly report to the Government on the results of implementing plan targets.

3. Take the lead and coordinate with relevant ministries and sectors in raising domestic capital, foreign aid, international loans, and other sources of funding for the protection, care, and education of children.

Article 27. Responsibilities of the Ministry of Public Security

1. Guide ministries, sectors, provincial People's Committees to prepare annual and long-term budget estimates, consolidate and submit to the Government and National Assembly for approval the budget for the protection, care, and education of children.

2. Propose mechanisms and policies to raise funds for the protection, care, and education of children; ensure balanced funding; guide and inspect the use of funds for the protection, care, and education of children.

3. Consolidate medical examination and treatment costs for children under six years old, submit to the Government and National Assembly for approval, and ensure balanced budgeting for medical examinations and treatments for children under six years old.

Article 28. Responsibilities of the Ministry of Health

1. Guide the construction of proposals to strengthen and improve the quality of the network of medical examinations and treatments for children from central to grassroots levels, submit to the Prime Minister for approval; promulgate regulations on disease prevention, medical examinations, and treatments for children; gradually implement regular health check-ups and establish health monitoring records for children; pay particular attention to malnourished children, disabled children, children affected by chemical toxins, children infected with HIV/AIDS, sexually abused children, drug-addicted children, and children injured in accidents.

2. Ensure the supply of essential medicines for treating children; ensure conditions and quality of medical examinations, diagnosis, disease detection, treatment, emergency care, and emergency transportation, medical infrastructure, equipment, quantity, and quality of pediatric healthcare personnel.

3. Take the lead and coordinate with the Population, Family, and Children Committee, the Ministry of Education and Training to guide and organize disease prevention, medical examinations, and treatments for children; ensure that children under six years old receive free medical examinations and treatments at public healthcare facilities; conduct regular medical examinations for those who frequently work with children; guide parents and guardians on preventive measures against common diseases and accident prevention for children.

Article 29. Responsibilities of the Ministry of Education and Training

1. Guide provincial People's Committees to build and plan the network of kindergartens and primary schools in the national education system, including both public and private institutions.

2. Develop and promulgate regulations on the organization and operation of kindergartens and primary schools to ensure necessary conditions for nurturing and educating children; ensure that students attending primary schools in public educational institutions do not have to pay tuition fees or other fees as prescribed by law.

3. Take the lead and coordinate with the Population, Family, and Children Committee to develop programs for propagating and educating about the protection, care, and education of children, formulate policies on tuition fee exemptions and reductions, and appropriate measures for children in special circumstances to integrate into education.

4. Take the lead and coordinate with relevant ministries and sectors to define educational programs for gifted children's classes. Take the lead and coordinate with the Ministry of Labor, Invalids, and Social Affairs and relevant ministries and sectors to define educational programs for children with disabilities. Take the lead and coordinate with the Ministry of Public Security and relevant ministries and sectors to define educational programs for juvenile correctional schools.

5. Chair and coordinate with the Ministry of Health and the Ministry of Justice to incorporate school health education programs and appropriate legal education programs into teaching at preschools and general education schools.

6. Guide the establishment of health rooms at preschools and general education schools that have many students, ensuring that the on-duty health staff have sufficient professional qualifications to provide health care for students at school and manage their health records. For preschools and general education schools located in remote, mountainous areas, or economically disadvantaged regions where it is not yet possible to establish health rooms, there should be teachers who are trained in basic health care skills for students and managing student health records.

Article 30. Responsibilities of the Ministry of Culture - Information

1. Chair and coordinate with the Population, Family and Children Committee, the Ho Chi Minh Communist Youth Union, the Literature and Arts Association, and relevant ministries and mass organizations to develop and implement plans to meet children's cultural, artistic, information, and recreational needs; direct agencies under its management and guide provincial People's Committees to implement these plans.

2. Manage and organize the creation, publication, printing, and distribution of various types of books, films, music, art, and construction of artistic programs, theatrical performances, concerts such as dance, singing, music, drama, circus, and other forms of art for children and about children, ensuring a minimum proportion of 15% compared to the total number of programs, performances, works, and cultural products produced and published annually.

3. Inspect and audit the production of educational toys and tools for children; coordinate with the Ministry of Education and Training in educating children about preserving distinctive ethnic cultural forms.

4. Direct and guide the construction of libraries, clubs, cultural centers, theaters, cinemas, and entertainment venues for children; in cases where it is not yet possible to build separate facilities for children, at least 20% of the time must be allocated for the use of shared facilities to serve the appropriate needs of children.

5. Specify which films, artistic programs, theatrical performances, and concerts are not allowed to be shown or performed for children.

6. Direct and guide local authorities, communities, and families to organize recreational activities suitable for children's age groups and physical, intellectual, and spiritual development.

Article 31. Responsibilities of the Sports Committee

1. Chair and coordinate with relevant ministries and sectors to research, develop, and guide the implementation of plans for physical education and sports, methods of enhancing health and physical strength for children appropriate to each age group.

2. Chair and coordinate with the Population, Family and Children Committee, the Ho Chi Minh Communist Youth Union, and relevant ministries and mass organizations to develop and implement plans to meet children's physical education and sports needs; direct agencies under its management and guide provincial People's Committees to implement these plans.

3. Manage and organize the production, supply, and use of physical education and sports equipment for children.

4. Direct and guide the construction of physical education and sports facilities for children; allocate a portion of the public sports activity budget for children's public sports activities. In cases where it is not yet possible to build separate sports facilities for children, shared facilities must include designated areas with appropriate equipment for children.

Article 32. Responsibilities of the Ministry of Labor - War Invalids and Social Affairs

1. Chair and coordinate with relevant agencies to develop and submit to competent authorities for promulgation the policies and benefits for disabled children, orphaned children, and vagrant children.

2. Direct, inspect, audit, and handle the implementation of social policies for disabled children, orphaned children, and vagrant children; manage state administration over social welfare institutions, drug rehabilitation centers, and vocational training centers.

3. Organize and direct the correction and functional recovery for disabled and severely disabled children; organize vocational training and employment for children, disabled children, and severely disabled children who are capable of working; research, produce, and supply specialized labor and living aids for disabled and severely disabled children.

4. Chair and coordinate with the Ministry of Health to issue lists of prohibited and permitted jobs for child labor.

5. Inspect, audit, and handle the use of children in heavy, dangerous work, exposure to toxic substances, and other work contrary to labor laws regarding juvenile labor.

6. Chair and coordinate with the Ministry of Education and Training to develop training programs in vocational schools; guide provincial People's Committees to plan and develop networks of vocational training facilities related to children.

Article 33. 2. Direct subordinate units of the Ministry of Public Security to coordinate with the Central Post and Telecommunications Administration and the enterprise designated to maintain and manage the public postal network in reviewing the political standards of workers participating directly in the provision of KT1 postal services when required.

1. Chair and coordinate with the Population, Family and Children Committee, the Ho Chi Minh Communist Youth Union, the Vietnam Women's Union, and relevant legal protection agencies and organizations to develop and implement measures to prevent, stop, and combat violations of children's rights and interests.

2. Implement preventive measures against children's illegal behavior; educate and reform children who violate the law; ensure necessary living conditions for children in reformatory schools; cooperate with People's Courts and People's Procuratorates to strictly handle illegal detention, beating, torture of children, and infringement of children's health, dignity, and personality.

3. Direct and organize the registration of household registration for children, ensuring that children can register their household registration according to the law.

4. Chair and coordinate with the Ministry of Education and Training to develop training programs in reformatory schools.

Article 34. Responsibilities of the Ministry of Justice

1. Direct and organize the registration of civil status for children, ensuring that children can register their birth according to the law.

2. Provide legal aid to children and children in special circumstances.

3. To主持，与人口、家庭和儿童委员会，劳动、退伍军人和社保部，外交部，公安部合作管理涉及外国因素的收养事务。

4. 审查关于保护、照顾和教育儿童的法律规范文件；宣传普及并教育关于保护、照顾和教育儿童的法律。

Article 35. 工业部和商业部的责任

1. 主持并与相关部委合作研究制定规划和计划，以满足儿童对粮食、食品、文化产品、医疗设备、体育用品、玩具、儿童用品、童装和童鞋的需求，确保质量、安全，不损害儿童的发展。

2. 加强对生产、销售和进口儿童所需商品的企业进行监督和检查，及时发现并依法处理违法行为。

Article 36. Responsibilities of the Ministry of Natural Resources and Environment

1. 指导相关部委和地方在土地使用规划和计划中预留土地用于建设教育、医疗、文化和儿童娱乐设施，符合土地法的规定。

2. 指导并检查教育、医疗、文化和儿童娱乐设施中的环境保障情况。

Article 37. 交通运输部、旅游总局和统计总局的责任

1. 交通运输部优先考虑儿童使用公共交通工具的政策。

2. 旅游总局优先考虑儿童参观名胜古迹和旅游的政策。

3. 统计总局负责组织协调分配调查收集信息，服务于儿童管理工作；组织专业指导业务制度报告评价儿童的信息数据。

Article 38. 其他部委和行业的责任

各部委和行业根据其职能任务，与人口、家庭和儿童委员会合作进行宣传教育；发展儿童福利设施；制定保护、照顾和教育儿童的计划；检查评估执行情况。

Article 39. Responsibilities of People's Committees at all levels

1. 在地方范围内实施国家管理，保护、照顾和教育儿童。

2. 对地方保护、照顾和教育儿童工作的目标和效果承担责任；组织各局、部门、团体和社会组织在地方范围内实施保护、照顾和教育儿童工作。

3. 根据地方特点具体化一些适合的政策制度，以实施保护、照顾和教育儿童的工作。

4. 建立机制和政策，动员人力和资金，在地方实施保护、照顾和教育儿童工作。

5. 在地方预算计划中预估六岁以下儿童的医疗费用；组织管理和使用这些资金；检查监督资金使用，确保六岁以下儿童在公立医疗机构免费就医。

6. 组织实施符合地方经济和社会条件的措施，以实施保护、照顾和教育儿童的工作。

7. 检查监督评估定期总结地方保护、照顾和教育儿童工作的执行情况。

Chapter VI
IMPLEMENTING PROVISIONS

Article 40. Effectiveness

本决定自发布之日起十五日后生效，但第十八条自二零零五年一月一日开始实施，并取代国务院于一九九一年十一月十一日发布的关于详细规定和指导实施《儿童保护、照顾和教育法》的第374号决定。

Article 41. Implementation Provisions

1. 人口、家庭和儿童委员会主任部长，各部部长，相当于部级机构的首长，政府下属机构的首长根据各自的职能、任务和权限，有责任指导本决定的实施。

2. Ministers, heads of agencies equivalent to Ministries, heads of government agencies, and Chairpersons of provincial People's Committees and centrally governed city People's Committees are responsible for enforcing this Decree./.