Circular No. 36/2018/TT-BLDTBXH guides the process of soliciting children's opinions during the development of programs, policies, regulatory legal documents, decisions, plans, and economic and social development programs concerning children or related to children.

CIRCULAR

GUIDELINES FOR IMPLEMENTING THE COLLECTION OF CHILDREN'S OPINIONS IN THE PROCESS OF

DEVELOPING PROGRAMS, POLICIES, LEGAL DOCUMENTS, DECISIONS, PLANS, AND URBAN PLANNING RELATED TO CHILDREN OR AFFECTING CHILDREN

Article 4/2017/ND-CP dated February 17, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Labor, Invalids, and Social Affairs;

of Social Affairs issues this Circular guiding the implementation of collecting children's opinions during the process of developing programs, policies, legal documents, decisions, plans, and urban planning related to children or affecting children.

Pursuant to the Law on Children dated April 5, 2016;

Based on Decree No. 11. This Circular guides the implementation of collecting children's opinions during the process of developing programs, policies, legal documents, decisions, plans, and urban planning related to children or affecting children (hereinafter referred to as legal documents about children or affecting children).

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

At the proposal of the Director of the Department of Children,

THE MINISTER OF LABOR, WAR INVALIDS AND SOCIAL AFFAIRS ISSUES THIS CIRCULAR TO SUPPLEMENT PROFESSIONS AND TRADES TO THE LIST OF PROFESSIONS AND TRADES AT THE FOURTH LEVEL WITH A DIPLOMA IN VOCATIONAL COLLEGE AND HIGHER VOCATIONAL COLLEGE ISSUED TOGETHER WITH CIRCULAR NO. 04/2017/TT-BLDTBX ON MARCH 2, 2017, ISSUED BY THE MINISTER OF LABOR, WAR INVALIDS AND SOCIAL AFFAIRS.2. This Circular applies to ministries, ministerial-level agencies, government agencies, People's Committees at all levels (hereinafter referred to as the drafting agencies) during the process of developing legal documents about children or affecting children; organizations representing children's voices and wishes, the Vietnam Children's Protection Association, and children participating in the opinion collection. Article 2. Principles for Collecting Children's Opinions1. The drafting agency, organizations representing children's voices and wishes, and the Vietnam Children's Protection Association (hereinafter referred to as the agencies and organizations collecting children's opinions) must proactively organize the collection of children's opinions based on their voluntary participation; provide full information to children; the content and form of opinion collection must be appropriate to the age, gender, ethnicity, circumstances, level of maturity, and development of children.

Article 1. Scope of Regulation and Applicability

2. Create a safe, friendly, equal environment without discrimination, persecution, or prejudice when children express or do not express their opinions; ensure the privacy and confidentiality of children participating in the opinion collection.

3. The opinions and wishes of children, the opinions of organizations representing children's voices and wishes, and the Vietnam Children's Protection Association must be respected, listened to, absorbed, responded to fully, promptly, objectively, truthfully, and used for the intended purpose by the drafting agency.

4. Those who collect children's opinions must have knowledge, a friendly attitude, and appropriate skills to work with children.

5. The collection of children's opinions during the process of developing legal documents about children or affecting children shall be carried out in accordance with the provisions of the Law on Enacting Legal Documents and Decree No. 34/2016/ND-CP dated May 14, 2016 of the Government detailing certain articles and implementing measures of the Law on Enacting Legal Documents, and the guidelines set forth in this Circular.

Article 3. Procedure for Collecting Children's Opinions

The procedure for collecting children's opinions includes the following steps:

1. Step 1. Preparing to collect children's opinions.

2. Step 2. Organizing the collection of children's opinions.

3. Step 3. Summarizing, explaining, and absorbing children's opinions.

4. Step 4. Informing and responding to children's opinions.

1. Step 1. Prepare to seek the opinions of children.

2. Step 2. Organize the collection of children's opinions.

3. Step 3. Compile, explain, and incorporate children's opinions.

4. Step 4. Inform and provide feedback on children's opinions.

Article 4. Preparation for Soliciting Opinions from Children

1. Drafting a plan to solicit opinions from children including:

a) Objectives and requirements;

b) Time and location;

c) Target children participating in opinion solicitation;

d) Content requiring opinions;

đ) Methods of soliciting opinions;

e) Budget;

g) Assignment of responsibilities.

2. Elucidate the content of the draft document; develop scientific, concise, simple tools for soliciting children's opinions that are appropriate to the methods of opinion solicitation.

3. Select children to participate in opinion solicitation ensuring representation from regions, ethnic groups, age groups, gender, religion, and children with special circumstances; opinions must be sought from children or representatives of children's groups directly affected by the document, commensurate with their level of maturity and development.

4. Train or provide information to those responsible for soliciting children's opinions on the purpose, requirements, content, and methods of opinion solicitation.

5. Issue guidance documents or request coordination to implement the solicitation of children's opinions.

6. Prepare material conditions suitable for the methods of soliciting children's opinions.

Article 5. Organizing the Solicitation of Opinions from Children

1. The main drafting agency directly organizes the solicitation of children's opinions through one or more of the following methods:

a) Opinion solicitation forms for children;

b) Forums, conferences, seminars, roundtable discussions;

c) Through telephone;

d) Through online platforms;

đ) Other appropriate methods in accordance with the law.

2. Agencies or organizations soliciting children's opinions; individuals soliciting children's opinions provide children with the following basic information:

a) Purpose and requirements for soliciting children's opinions;

b) Content requiring children's opinions;

c) Guidance and explanation to children regarding information related to the content requiring opinions and other matters of interest to children.

3. During the process of organizing the solicitation of children's opinions, it is necessary to ensure timely provision and explanation of information, support for children.

4. In cases where the main drafting agency does not directly organize the solicitation of children's opinions, it shall follow the provisions of Clause 2, Article 49 of Decree No. 56/2017/NĐ-CP.

5. Organizations representing children's voices and wishes, the Vietnam Children's Rights Protection Association implement the solicitation of children's opinions through one or more of the methods stipulated in Clause 1 and Clauses 2 and 3 of this Article.

Article 6. Compilation, Explanation, and Incorporation of Children's Opinions

1. The main drafting agency compiles all children's opinions fully into the content of explanations and incorporations of opinions from agencies, organizations, and individuals in the document review and verification dossier; incorporate suitable, supplementary, and revised opinions into the draft document before issuance or submission to the competent authority for issuance; explain opinions that are not incorporated.

2. In cases where organizations representing children's voices and wishes, the Vietnam Children's Rights Protection Association solicit children's opinions at the request of the main drafting agency, they send the compiled results of children's opinions to the main drafting agency. The main drafting agency receives the compiled document and implements according to the provisions of Clause 1 of this Article.

Article 7. Information and Feedback on Children's Opinions

1. The leading agency drafting the document shall provide information and feedback on the adoption of children's opinions through one or more of the following forms:

a) Forums, conferences, seminars, roundtables, press conferences;

b) Through telephone;

c) Through online environments;

d) Mass media;

đ) Sending documents to schools, communities, localities where children's opinions are collected for public display;

e) Other forms in accordance with legal provisions.

2. In cases where the leading agency drafting the document collects children's opinions through organizations representing children's voices and wishes or the Vietnam Children's Protection Association, it shall send the information and feedback on the adoption of children's opinions to those organizations for dissemination to children through one or more of the forms specified in Clause 1 of this Article.

Article 8. Implementation organization

1. The leading agency drafting the document is responsible for organizing the collection of children's opinions during the drafting process in accordance with Clause 1, Clause 2, Clause 3 of Article 49, Clause 1 of Article 50 of Decree No. 56/2017/NĐ-CP and implementing the collection of children's opinions in accordance with the guidance provided in this Circular.

2. Organizations representing children's voices and wishes, the Vietnam Children's Protection Association shall collect children's opinions in accordance with the guidance provided in this Circular; participate in monitoring the collection of children's opinions, the adoption, and provision of information and feedback on children's opinions.

3. Agencies, organizations, educational institutions, families, and individuals have the responsibility to create conditions and encourage children to participate in providing opinions during the drafting of documents concerning children or related to children.

Article 9. Effective Date

1. This Circular takes effect from February 15, 2019.

2. During implementation, if there are difficulties or obstacles, agencies, organizations, educational institutions, and individuals are requested to promptly report them to the Ministry of Labor, Invalids and Social Affairs for consideration and resolution./.