Decree No. 56/2017/ND-CP detailing certain provisions of the Law on Children

DECREE

DETAILING CERTAIN PROVISIONS OF THE CHILDREN LAW

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Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Children Law dated April 5, 2016;

Pursuant to the Law on Organization of Local State Administration dated June 19, 2015;The Government promulgates this Decree detailing certain provisions of the Children Law.

Decree No. 07/2021/NĐ-CP

This Decree details certain provisions of the Children Law concerning groups of children with special circumstances and support policies; support and intervention for cases of children who have been or are at risk of being harmed, exploited, abandoned, and children with special circumstances; responsibility for protecting children online; substitute care for children; responsibilities of agencies, organizations, educational institutions, families, and individuals in ensuring that children participate in matters concerning them.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

Agencies, organizations, educational institutions, families, and individuals as prescribed in Article 3 of the Children Law.

Article 2. Applicability

GROUPS OF CHILDREN WITH SPECIAL CIRCUMSTANCES AND SUPPORT POLICIES

Chapter II

GROUPS OF CHILDREN WITH SPECIAL CIRCUMSTANCESAND SUPPORT POLICIES

Section 1

GROUPS OF CHILDREN WITH SPECIAL CIRCUMSTANCES

Article 3. Orphans without both parents

1. Orphans without both parents and without caregivers.

2. Orphans without both parents living in child protection service facilities or social assistance facilities.

3. Orphans without both parents living with relatives.

4. Orphans without both parents receiving substitute care from non-relatives, except in cases of adoption.

Article 4. Abandoned children

1. Abandoned children not yet receiving substitute care.

2. Abandoned children receiving substitute care.

Article 5. Children without a place to rely on

1. Children orphaned of one parent and the other parent missing according to the law.

2. Children orphaned of one parent and the other parent receiving care and maintenance at social assistance facilities or unable to provide care and maintenance.

3. Children orphaned of one parent and the other parent serving a prison sentence or serving a decision to be placed in a compulsory education facility or a compulsory drug rehabilitation facility.

4. Children whose both parents are missing according to the law.

5. Children whose one parent is missing according to the law and the other parent receiving care and maintenance at social assistance facilities.

6. Children whose one parent is missing according to the law and the other parent serving a prison sentence or serving a decision to be placed in a compulsory education facility or a compulsory drug rehabilitation facility.

7. Children whose both parents are unable to provide care for the child.

8. Children whose both parents receiving care and maintenance at social assistance facilities.

9. Children whose both parents serving a prison sentence or serving a decision to be placed in a compulsory education facility or a compulsory drug rehabilitation facility.

10. Children whose one parent receiving care and maintenance at social assistance facilities and the other parent serving a prison sentence or serving a decision to be placed in a compulsory education facility or a compulsory drug rehabilitation facility.

11. Children living in families where both parents are within the age range of children.

12. Children whose both parents have their parental rights restricted or temporarily separated from them according to the law.

Article 6. Children with disabilities

1. Severely disabled children.

2. Seriously disabled children.

3. Slightly disabled children.

Article 7. Children infected with HIV/AIDS

Children infected with HIV/AIDS as provided for by law.

Article 8. Children who violate the law

1. Children who violate the law and are subject to administrative handling measures, educational measures at commune, ward, township level, or placement in a juvenile rehabilitation center; or are subject to alternative measures for administrative handling under family supervision.

2. Children who violate the law and whose stable place of residence has not been determined, currently executing administrative handling measures for education at commune, ward, township level, at child protection service facilities, or social assistance institutions.

3. Children who violate the law and are subject to judicial educational measures at commune, ward, township level, or placement in a juvenile rehabilitation center; or are subject to suspended imprisonment, fixed-term imprisonment, or suspended fixed-term imprisonment.

4. Children who have completed fixed-term imprisonment or completed placement in a juvenile rehabilitation center.

Article 9. Drug-addicted children

1. Drug-addicted children in drug rehabilitation centers.

2. Drug-addicted children undergoing drug rehabilitation and treatment at home or in the community.

Article 10. Children forced to leave school to earn a living without completing compulsory lower secondary education

1. Children forced to leave school to earn a living without completing compulsory lower secondary education and without caregivers.

2. Children forced to leave school to earn a living without completing compulsory lower secondary education living with their parents or caregivers.

Children subjected to violence resulting in mental disorders, behavioral disorders, communication difficulties, learning difficulties, or inability to perform daily personal needs according to the conclusion of the appraisal agency, medical examination facility, or professionals requested by authorized agencies, organizations, or individuals to assess the extent of harm to the child.

Article 12. Exploited children

1. Children compelled to engage in labor contrary to the Labor Law.

2. Children enticed, incited, instigated, exploited, lured, induced, or coerced to participate in performances or used in the production of pornographic products.

3. Children enticed, incited, instigated, exploited, lured, induced, or coerced to participate in tourism activities that result in sexual abuse; given, received, or provided for prostitution activities.

4. Children enticed, incited, instigated, exploited, lured, induced, or coerced to participate in transportation, buying, selling, producing, or storing prohibited goods, including narcotic substances and other banned items as stipulated by law.

5. Children enticed, incited, instigated, exploited, lured, induced, or coerced to participate in other profit-making activities.

Article 13. Sexually abused children

1. Children subjected to rape.

2. Children subjected to statutory rape.

3. Children engaged in consensual sexual intercourse.

4. Children subjected to molestation.

5. Children used for prostitution or pornography in any form.

Article 14. Trafficked children

1. Trafficked children returned to live with their parents.

2. Trafficked children returned and placed under substitute care.

2. Children who have been trafficked and returned shall be provided with substitute care.

Article 15. Children suffering from serious diseases or requiring long-term treatment who belong to poor households or near-poor households.

1. Children belonging to poor households suffering from serious diseases or requiring long-term treatment as prescribed by competent authorities.

2. Children belonging to near-poor households suffering from serious diseases or requiring long-term treatment as prescribed by competent authorities.

Article 16. Children who have migrated, are refugees, or asylum seekers without identified parents or caregivers.

1. Vietnamese citizen children who have migrated or sought refuge within the country without identified parents or caregivers.

2. Foreign national children who have migrated, sought refuge, or asylum without caregivers.

3. Children whose nationality and parents cannot be identified, who have migrated, sought refuge, or asylum and entered Vietnam.

Section 2

SUPPORT POLICY;

Article 17. Requirements for the development and implementation of support policies for children in special circumstances.

1. Adhere to principles ensuring the realization of children's rights and obligations as stipulated in Article 5 and the requirements for protecting children as stipulated in Article 47 of the Law on Children.

2. The age, quota, duration, and methods of implementing support policies for children in special circumstances shall be regulated in laws concerning relevant fields, consistent with economic and social development conditions.

Article 18. Health care policies.

1. The State will pay or support payment for health insurance for children in special circumstances according to the law on health insurance.

2. The State will pay or support payment for medical examination, treatment, or health assessment costs for children in special circumstances according to the law on medical examination and treatment.

3. Children in special circumstances will enjoy other health care policies as stipulated by law.

Article 19. Social assistance policies.

1. The State will implement monthly allowances for individuals or families providing substitute care; support funeral expenses and other allowances and assistance for children in special circumstances according to the law on social assistance policies.

2. The State will provide financial support for food, accommodation, and travel expenses for children who have been harmed and children in special circumstances under urgent protection according to Clause 1, Article 31 of this Decree, as stipulated by the law on social assistance policies.

Article 20. Education, training, and vocational education support policies.

Children in special circumstances will be exempted from or granted reductions in tuition fees and supported with educational expenses according to the law on education, training, and vocational education.

Article 21. Legal aid, counseling, psychological therapy, and other child protection services.

1. Children in special circumstances will receive legal aid according to the law on legal aid.

2. Children in special circumstances will receive support for counseling, psychological therapy, and other child protection services as stipulated in Articles 48, 49, and 50 of the Law on Children.

Chapter III

SUPPORT AND INTERVENTION FOR CHILDREN WHO ARE ABUSED OR AT RISK OF VIOLENCE, EXPLOITATION, ABANDONMENT, AND CHILDREN IN SPECIAL CIRCUMSTANCES.NATIONAL HOTLINE FOR CHILD PROTECTIONABANDONED CHILDREN AND CHILDREN WITH SPECIAL CIRCUMSTANCES

Section 1

Article 22. Tasks of the National Hotline for Child Protection.

1. The National Hotline for Child Protection provides child protection services through telephone calls managed by the Ministry of Labor, Invalids, and Social Affairs.

2. Receive notifications and reports from agencies, organizations, educational institutions, families, and individuals via telephone.

3. Contact relevant individuals, agencies, or organizations with authority; gather information from mass media and online environments regarding risks and acts of child abuse to verify initial reports and notifications.

4. Transfer, provide information, reports, or refer children at risk or who have been abused, children in special circumstances, parents, and caregivers to agencies, organizations, or individuals with authority and functions in child protection.

5. Coordinate with agencies, organizations, individuals, service providers, and those with authority and functions in child protection nationwide to address reception, exchange, verification of information, reports, and notifications about children who are abused or at risk of violence, exploitation, or abandonment.

6. Support commune-level child protection workers in developing and implementing intervention plans for each case of child abuse or risk of violence, exploitation, or abandonment; monitor and evaluate the development and implementation of these plans.

7. Provide psychological, legal, and policy counseling for children, parents, family members, and caregivers.

8. Store, analyze, and synthesize information to provide, report, or notify when required by competent authorities, organizations, or individuals regarding child abuse cases and service providers; implement regular and ad hoc reports to state management agencies responsible for child protection and other competent authorities.

8. Store, analyze, and synthesize information to provide, inform, notify, and report when requested by competent authorities, regarding cases of child abuse and child protection service providers; implement regular and ad hoc reports to state management agencies for children and other competent authorities responsible for child protection.

Article 23. Conditions to ensure the operation of the National Child Protection Hotline

1. The National Child Protection Hotline operates 24 hours a day, every day, with State resources ensuring its operational capacity.

2. It shall be allowed to use a short three-digit phone number, without telecommunications fees or consultation fees for calls made to the National Child Protection Hotline.

3. It shall be permitted to receive financial and technical assistance from agencies, organizations, and individuals; it shall be allowed to promote the hotline number and services according to the provisions of the law.

Section 2

RECEIVING, PROCESSING INFORMATION, ANNOUNCEMENTS, AND REPORTS OF CHILD ABUSECHILD ABUSE BEHAVIOR

Article 24. Principles of Information Confidentiality

1. All information, announcements, and reports during the process of receiving and verifying must be kept confidential for the benefit and safety of the information provider and for the best interest of the related children.

2. The process of providing and exchanging information for the purpose of protecting children between the information reception point and agencies, organizations, and individuals with authority and functions to protect children must be kept confidential.

3. Regular and urgent reports from agencies and organizations with authority and functions to protect children must specify the level of confidentiality and the scope of information provision.

Article 25. Receiving and Coordinating the Processing of Information

1. Agencies, organizations, educational institutions, families, and individuals who discover or have information about acts of child abuse or children at risk of abuse must immediately report to the National Child Protection Hotline or the labor, war invalids, and social affairs departments at all levels, police agencies at all levels, or the People's Committee of the commune where the incident occurred (hereinafter referred to as the information reception point). The information reception point has the responsibility to fully record information about acts of child abuse, abused children, or children at risk of abuse according to Model No. 01 attached to this Decree.

2. Agencies, organizations, and individuals responsible for protecting, caring for, and educating children have the responsibility to provide information and coordinate with the labor, war invalids, and social affairs departments at all levels, police agencies at all levels, and the People's Committee of the commune where the incident occurred or where the child resides to conduct verification of the authenticity of the abusive act, the state of insecurity, and the degree of risk of harm to the child when requested.

3. In cases of receiving and handling reports and accusations regarding crimes of child abuse, they shall be carried out in accordance with the provisions of the criminal procedure law.

Article 26. Initial Assessment of Harm to Children Suffering Abuse, Children at Risk of Violence, Exploitation, Abandonment, and Children in Special Circumstances

1. The National Child Protection Hotline or the labor, war invalids, and social affairs departments at all levels or police agencies at all levels have the responsibility to coordinate in processing information, announcements, and reports about children suffering abuse, children at risk of violence, exploitation, and abandonment; immediately transferring information to the People's Committee of the commune where the incident occurred to carry out an initial assessment of the risk of harm to children.

2. The Chairman of the People's Committee of the commune where the incident occurred directs the person responsible for child protection work at the commune to conduct an initial risk assessment and assess the degree of harm to children according to Model No. 02 attached to this Decree to have a basis for applying or not applying emergency intervention measures.

3. In cases where children are determined to be at risk or are suffering serious harm to their lives, health, or dignity, within 12 hours of receiving the information, the Chairman of the People's Committee of the commune, or authorized agencies, organizations, and individuals must apply emergency intervention measures or temporarily isolate the child from the environment or person causing harm to the child as stipulated in Articles 31 and 32 of this Decree.

Section 3

SUPPORT AND INTERVENTION PLANS FOR CHILDREN WHO HAVE BEEN ABUSED OR ARE AT RISK OF VIOLENCE, EXPLOITATION, ABANDONMENT, ANDCHILDREN IN SPECIAL CIRCUMSTANCESCHILDREN WITH SPECIAL CIRCUMSTANCES

Article 27. Determining the Need for Support and Intervention for Children Who Have Been Abused or Are at Risk of Violence, Exploitation, Abandonment, and Children with Special Circumstances

1. After initially assessing the risk and extent of harm to children, the child protection worker at the commune level shall carry out or request the National Child Protection Hotline and child protection service providers to assist in collecting information and conducting a specific risk assessment according to Model No. 03 attached to this Decree, including:

a) The physical, psychological, and emotional condition of children who have been abused or are at risk of violence, exploitation, abandonment, and children with special circumstances;

b) The family situation, relationships of the children, and the protective capacity of their parents or other family members;

c) Factors that may cause children to be abused or continue to be abused, or factors leading to children continuing to be in special circumstances;

d) The educational conditions, learning abilities, and self-protection capabilities of children;

đ) The safety level and community support capacity where the children reside;

e) The healthcare needs, treatment of physical and mental harm to children; social assistance needs, educational support, vocational training, legal aid, counseling, psychological therapy, and other child protection services;

g) The opinions and wishes of the children receiving support and intervention;

h) The opinions and wishes of the parents or caregivers of the children, except in cases where the parents or caregivers are the ones causing harm to the children.

2. In cases where children require a support and intervention plan, the Chairman of the Commune People's Committee shall convene a meeting with individuals and organizations responsible for protecting children, representatives from the residential area where the children live or where the incident occurred, and the parents or caregivers of the children to determine measures to protect the children in accordance with Articles 47, 48, 49, and 50 of the Law on Children.

Article 28. Building and Approving a Support and Intervention Plan

1. Based on the extent of harm and the need for support and intervention for children, within five working days, excluding urgent cases, the child protection worker at the commune level shall build a support and intervention plan to submit to the Chairman of the Commune People's Committee for approval according to Model No. 04 attached to this Decree.

2. The dossier submitted to the Chairman of the Commune People's Committee for approval of the support and intervention plan includes:

a) Report on receiving information about children and initial risk assessment regarding the status of children who have been abused or are at risk of violence, exploitation, abandonment, and children with special circumstances;

b) Report on collecting information and conducting a specific risk assessment of the situation of children, minutes of the meeting to determine the need for support and intervention for children as stipulated in Clause 2 of Article 27 of this Decree, and other related documents (if any);

c) Draft Decision on Approval and Support and Intervention Plan according to Model No. 05 attached to this Decree.

3. The support and intervention plan for children who have been abused or are at risk of violence, exploitation, abandonment, and children with special circumstances includes the following contents:

a) Services and tasks to be carried out, start date, and expected completion date;

b) Assignment of responsibilities to agencies, organizations, and individuals at the commune level to implement support and intervention measures;

c) Child protection service providers needed to provide specific services;

d) Budget estimate for each service and task.

4. The Chairman of the Commune People's Committee shall consider and issue a decision to approve the support and intervention plan within two working days, excluding urgent cases.

5. The decision and support and intervention plan shall be sent to the agencies, organizations, and individuals responsible for implementation and to the parents or caregivers of the children.

Article 29. Implementation of support and intervention plans

1. Child protection workers at the commune level shall directly implement certain support and intervention activities and take the lead in coordinating the implementation of specific support and intervention plans as follows:

a) Monitor and urge the implementation of support services and activities; recommend the Chairman of the People's Committee at the commune level to timely adjust the plan in accordance with changes in the individual child's situation and the safety level of the child's living environment;

b) Connect services and activities within the commune or request assistance from child protection agencies at various levels and child protection service providers outside the commune;

c) Mobilize agencies, organizations, individuals, and communities to participate in providing support.

2. Medical examination and treatment facilities, educational institutions, legal aid service providers, public security agencies, child protection service providers at various levels, and other agencies, organizations, and individuals responsible for protecting children shall participate in implementing and supporting the execution of the plan.

3. Parents or caregivers of children shall be responsible for implementing the support and intervention plan according to the decision of the Chairman of the People's Committee at the commune level.

4. The national hotline for child protection shall be responsible for introducing and connecting necessary support and intervention services when the province does not have such services or upon request from child protection workers at the commune level.

Article 30. Review and Evaluation After Implementing Support and Intervention Plans

1. Child protection workers at the commune level shall take the lead and coordinate with agencies, organizations, individuals, and child protection service providers participating in the implementation of the support and intervention plan to organize reviews and evaluations of the plan's implementation as follows:

a) Evaluate the child's status and the safety level of the child's living environment after implementing support and intervention measures;

b) Submit to the Chairman of the People's Committee at the commune level for the termination of the support and intervention plan if the child is no longer at risk of harm and the physical, psychological, cognitive, and emotional factors of the child are stable;

c) Submit to the Chairman of the People's Committee at the commune level for continuing the process of building, approving, and implementing the support and intervention plan if the child remains at risk of harm or the physical, psychological, cognitive, and emotional factors of the child are still unstable.

2. Review and evaluate the child's condition after implementing the support and intervention plan according to Model No. 06 attached and promulgated along with this Decree.

3. The file of the support and intervention plan shall be stored at the People's Committee at the commune level and entered into the national database of children.

Article 31. Interventions in Cases Where Children Require Urgent Protection

1. Children requiring urgent protection are those who are threatened or seriously harmed to their lives, health, dignity, or whose parents or primary caregivers are the ones causing harm to the child.

2. Interventions in cases where children require urgent protection must be carried out as quickly as possible and not later than 12 hours from the time information is received.

3. Responsibilities of child protection workers at the commune level:

a) Receive information, connect with the public security agency to prevent acts threatening or seriously harming the life, health, and dignity of children occurring within the commune; coordinate with medical examination and treatment facilities to provide initial emergency care for children requiring urgent protection and retain items and documents related to the child's harm due to abuse to assist in investigation, handling, and protecting the child;

b) Continue to assess the degree of harm and the safety level of the child's living environment, develop a support and intervention plan to submit to the Chairman of the People's Committee at the commune level for approval and implementation;

c) In case of necessity, coordinate with the national hotline for child protection to receive guidance and support for urgent interventions and the development and implementation of support and intervention plans.

4. Responsibilities of the police

a) Receive information and implement actions to prevent acts threatening or seriously harming the life, health, and dignity of children;

b) Coordinate with child protection workers at the commune level where the incident occurred to carry out urgent child protection measures, ensuring the child's life, health, dignity, and best interests;

c) In case of necessity, coordinate with the national hotline for child protection to support urgent interventions.

5. Responsibilities of medical examination and treatment facilities

a) Provide medical examinations and treatments for children who have been abused and children subject to support and intervention plans as prescribed in Clause 1, Article 52 of the Law on Children;

b) Guide the collection of evidence and retention of evidence of harm to children due to abuse for forensic purposes in accordance with guidelines issued by the Ministry of Health;

c) Store medical examination and treatment records in accordance with the law.

Article 32. Temporarily Isolating Children from Parents and Caregivers and Implementing Substitute Care Measures

1. The temporary isolation of children from parents and caregivers and the implementation of substitute care measures as stipulated in points b and c, Clause 2, Article 50 of the Law on Children shall be applied to cases where children are victims of harm, at risk of violence, exploitation, or abandonment by their parents or caregivers; children who have been harmed but whose parents or caregivers refuse to implement support plans or interventions, or children who are at risk of continued harm by their parents or caregivers.

2. The Chairman of the People's Committee of the commune where the child resides or where the case specified in Clause 1 of this Article occurs has the authority to issue a decision to temporarily isolate the child from parents and caregivers according to Model No. 07 attached to this Decree and arrange a safe temporary residence location as stipulated in point b, Clause 2, Article 50 of the Law on Children and apply substitute care measures as stipulated in Clause 3, Article 52 of the Law on Children within 12 hours from the time of receiving information.

3. The duration of temporary isolation is determined based on the assessment of the child's needs and safety environment, which may be extended, but the maximum isolation period does not exceed 15 days except in cases requiring continued isolation at the request of competent authorities. When parents or caregivers are assessed as ensuring a safe environment for the child according to Model No. 03 attached to this Decree, the Chairman of the People's Committee of the commune shall revoke the temporary isolation decision.

4. In urgent cases of temporarily isolating children from parents and caregivers, substitute care must be immediately implemented before completing the procedures for substitute care.

Chapter IV

RESPONSIBILITIES FOR PROTECTING CHILDREN IN CYBERSPACE

Article 33. Confidential Information about Private Life and Personal Secrets of Children

Confidential information about private life and personal secrets of children includes information such as: name, age; personal identification characteristics; health status and privacy information recorded in medical records; personal images; information about family members and caregivers; personal property; telephone number; personal mail address; address, information about place of residence and place of origin; address, information about school, class, academic performance, and friendships of children; information about services provided to individual children.

Article 34. Communication, Education, and Capacity Building for Protecting Children in Cyberspace

1. State management agencies for information and communication; education and training; vocational education; children; organizations working for children; organizations operating in cyberspace have the responsibility to communicate and raise awareness, enhance capacity, and disseminate skills to parents, caregivers, teachers, children, and related agencies and organizations regarding the benefits and negative impacts of cyberspace on children; and on preventing and stopping harmful acts against children in cyberspace as prescribed by laws on information technology, cybersecurity, and related fields.

2. Parents, teachers, and caregivers have the responsibility to educate knowledge and guide safety skills for children when participating in cyberspace; children have the obligation to seek knowledge, learn, and practice self-protection skills when participating in cyberspace.

3. Organizations and businesses providing services in cyberspace must guide the use of services, use of information technology devices, and access to information to protect children in cyberspace.

Article 35. Safeguarding Children's Safety in Information Exchange and Provision on Online Platforms

1. Organizations, entities, and individuals participating in activities on online platforms must cooperate with state agencies having jurisdiction and other organizations and individuals to ensure the safety of children's information on online platforms; prevent harmful information affecting children in accordance with laws on cybersecurity.

2. Businesses operating and providing services on online platforms must implement measures to protect users who are children through service usage.

3. Businesses operating and providing services on online platforms must warn or remove harmful information and services affecting children, false or distorted information infringing upon the legitimate rights and interests of children.

4. Businesses providing online gaming services must have tools to control time and protect children from overuse and addiction to online games.

5. Organizations, businesses, and individuals operating and providing services on online platforms must develop or use and disseminate software and tools to protect children on online platforms.

Article 36. Measures to Protect Confidential Personal Information for Children on Online Platforms

1. Agencies, organizations, businesses providing services on online platforms, and individuals when posting confidential personal information of children on the internet must obtain the consent of parents, caregivers, and children aged seven years or older; they are responsible for ensuring the safety of children's information.

2. Agencies, organizations, businesses providing services on online platforms must use measures and tools to ensure the safety of children's confidential personal information, warning messages about risks when children provide or change their confidential personal information.

3. Parents, caregivers, children aged seven years or older, and individuals and organizations responsible for protecting children under the law have the right to request agencies, organizations providing services, and individuals participating in activities on online platforms to delete confidential personal information of children to ensure their safety and best interests.

Article 37. Measures to Support and Intervene in Cases of Children Being Harmed on Online Platforms

1. State management agencies for information, telecommunications, and child management; organizations, businesses operating and providing services on online platforms are responsible for organizing the receipt of information, assessing, and classifying the level of safety for children sent by agencies, organizations, individuals, and children; publishing lists of information networks, services, and online products according to the level of safety for children; ensuring the detection and removal of images, documents, and information unsuitable for children.

2. Police agencies are responsible for implementing measures to support and intervene in protecting children on online platforms.

Chapter V

SUBSTITUTE CARE FOR CHILDREN

Section 1

PROCEDURES AND FORMS FOR REGISTRATION, LISTING, AND ALLOCATIONTHE SELECTION OF INDIVIDUALS AND FAMILIES TO PROVIDE SUBSTITUTE CARE

Article 38. Responsibility for Finding Individuals and Families to Provide Substitute Care for Children

1. Child protection workers at the commune level are responsible for establishing files of children requiring substitute care and finding individuals and families willing to provide substitute care for children in accordance with Article 62 of the Law on Children.

2. Heads of social assistance facilities are responsible for establishing files of children currently being fostered at the facility who meet the conditions for transfer to individuals and families willing to provide substitute care or adopt children; proposing that competent authorities find individuals and families willing to provide substitute care for children or arrange for children to be adopted.

3. The file of a child needing to find an individual or family for substitute care includes:

a) Birth certificate or registration of birth or identity card or citizen identification card or passport (if available);

b) Health examination report issued by health authorities in accordance with the law;

c) Two full-body photographs, facing forward, size 8 cm x 10 cm, taken within six months prior to the date of filing the file;

d) A report evaluating the circumstances, status, needs, and wishes of the child by the child protection worker at the commune level according to Model No. 10 attached to this Decree;

đ) Confirmation record issued by the People's Committee of the commune or the police station where the abandoned child was found;

e) Copy of the Decision temporarily separating the child from parents or caregivers and applying substitute care measures by the Chairman of the People's Committee of the commune or the People's Court of the district.

4. The file of a child residing in a social assistance facility needing to find an individual or family for substitute care includes:

a) File as stipulated in Clause 3 of this Article;

b) Copy of the Decision of the competent authority accepting the child into the social assistance facility;

c) Report evaluating the circumstances, status, needs, and wishes of the child by the authorized person of the social assistance facility according to point đ Clause 3 of this Article.

Article 39. Registration for Substitute Care

1. Individuals and family representatives who have the willingness and meet the conditions to receive substitute care as stipulated in Clause 2, Article 63 of the Law on Children shall submit an application form according to Form No. 08 attached to this Decree to the People's Committee of the commune where they reside to register for substitute care.

2. Individuals and family representatives registering or receiving children for substitute care shall be advised by child protection service providers on relevant legal provisions concerning the rights and obligations of children, child protection, and skills related to substitute care.

3. Individuals and family representatives who are foreigners, in addition to the provisions of Clause 1 and Clause 2 of this Article, must have resided in Vietnam for at least six months and have a remaining residence permit of at least twelve months at the time of registration.

4. In cases of adoption registration, it shall be carried out in accordance with the legal provisions on adoption.

Article 40. Establishment of Lists of Individuals and Families Registering for Substitute Care

1. The People's Committee of the commune has the responsibility to receive, establish, and store lists of individuals and families willing to receive substitute care according to Form No. 09 attached to this Decree; quarterly update the list and send it to the labor, invalids, and social affairs authority of the district-level agency to perform the duty of coordinating the selection of individuals and families for substitute care.

2. Conditions and procedures for individuals and families receiving monthly assistance benefits for substitute care shall be implemented in accordance with legal provisions on social assistance policies.

Article 41. Personal and Family Files Selected for Substitute Care

1. Personal and representative files of families receiving substitute care that are not relatives include:

a) Application form for substitute care registration;

b) Health examination certificate within six months from the date of submission issued by health authorities in accordance with legal regulations;

c) Criminal record certificate issued by competent authorities for individuals and representatives of families providing substitute care who are foreigners.

2. Individuals and family representatives receiving substitute care who are relatives of the child shall comply with the provisions of Clause 4, Article 65 of the Law on Children.

Article 42. Selection of Forms and Individuals and Families for Substitute Care

1. Child protection workers at the commune level are responsible for selecting appropriate forms, individuals, and families for substitute care suitable for the child; verifying the conditions of individuals and families receiving substitute care as stipulated in Clause 2, Article 63 of the Law on Children according to Form No. 11 attached to this Decree; providing information about individuals and families receiving substitute care to the child and obtaining opinions from children aged seven years and older.

2. Priority order for selecting substitute care forms:

a) Substitute care by individuals and families who are relatives;

b) Substitute care by individuals and families who are not relatives;

c) Substitute care at social welfare facilities.

3. Priority order for selecting individuals and families for substitute care:

a) Relatives;

b) Individuals and family representatives receiving substitute care in the locality where the child resides;

c) Vietnamese citizens residing in the country;

d) Foreigners residing in Vietnam.

4. In urgent situations requiring separation of the child from parents or caregivers as stipulated in Article 32 of this Decree but without having selected individuals or families for substitute care, the Chairman of the People's Committee of the commune shall request the competent authority to issue a temporary decision to place the child in a social welfare facility and continue to select an appropriate substitute care form.

5. Child protection workers at the commune level are responsible for selecting, notifying, and providing information and files of children needing substitute care to individuals and families receiving substitute care.

6. Introducing children to individuals and families for substitute care must ensure the best interests of the child and requirements for substitute care as stipulated in Article 60 of the Law on Children.

7. The People's Committee of the commune where the individual or family receiving substitute care resides shall issue a decision on transferring and receiving children to individuals and families receiving substitute care according to Form No. 12 attached to this Decree; organize the transfer and reception of children between the People's Committee of the commune and individuals and families receiving substitute care within fifteen working days from the date of issuance of the decision.

8. In cases where the child's place of residence or the location of the incident involving child abuse or abandonment is different from the place of residence of the individual or family receiving substitute care, the People's Committee of the commune where the child resides or where the incident occurred involving child abuse or abandonment shall coordinate with the People's Committee of the commune where the individual or family receiving substitute care resides to implement the transfer and reception procedures and monitor the care situation of the child.

Article 43. Responsibility to Provide Information and Report on the Development Process of Children Receiving Substitute Care

1. Individuals and families receiving substitute care shall be responsible for providing complete and truthful information about the health, physical condition, mental state, and integration of children receiving substitute care when requested by the People's Committee of the commune or the child protection worker at the place of residence.

2. After one month and three months from the date individuals and families begin receiving substitute care, the child protection worker at the place where the individuals and families reside shall be responsible for monitoring and evaluating the living conditions, health, physical condition, mental state, and integration of children with the individuals and families receiving substitute care; reporting periodically every six months or when children must change the form of substitute care or change the individual or family providing substitute care to the People's Committee of the commune according to Form No. 13 attached hereto.

3. The People's Committee of the commune where individuals and families receiving substitute care reside shall be responsible for informing the People's Committee of the commune where the children receiving substitute care reside or where incidents of child abuse or abandonment occurred about the situation of children receiving substitute care upon request.

Section 2

PROCEDURE AND PROCEDURES FOR ACCEPTANCE AND TRANSITION OF SUBSTITUTE CARE FORMSSUBSTITUTE CARE

Article 44. Cases of Children Receiving Substitute Care at Social Assistance Facilities

1. Children specified in Clause 1, Article 67 of the Law on Children and Clause 4, Article 42 of this Decree shall be provided substitute care at social assistance facilities.

2. The People's Committee of the commune where the children reside or where incidents of child abuse or abandonment occurred shall be responsible for establishing files to propose that children be placed under substitute care at county-level or provincial-level social assistance facilities managed in accordance with Clause 3, Article 38 of this Decree.

3. Children receiving substitute care at social assistance facilities shall enjoy policies applicable to children in special circumstances.

Article 45. Transfer of Children Receiving Substitute Care at Social Assistance Facilities to Individuals and Families Receiving Substitute Care, or Adoptive Families

1. The head of the social assistance facility shall be responsible for compiling a list according to Form No. 14 attached hereto and the file of children seeking individuals or families for substitute care in accordance with Clause 3, Article 38 of this Decree, and sending it to the Department of Labor, Invalids, and Social Affairs for facilities under provincial management or the People's Committee of the county for facilities under county management.

2. Within ten working days, the Department of Labor, Invalids, and Social Affairs, or the People's Committee of the county shall be responsible for reviewing the file, comparing it with the list of individuals and families registered to provide substitute care to assess the suitability of the individuals and families registered to provide substitute care; if deemed suitable, the Department of Labor, Invalids, and Social Affairs, or the People's Committee of the county shall transfer the list and file to the People's Committee of the commune where the individuals and families registered to provide substitute care reside.

3. The head of the social assistance facility shall be responsible for coordinating with the People's Committee of the commune where the individuals and families receiving substitute care reside to inform the situation of the children to the individuals and families receiving substitute care, organizing meetings between the individuals and families receiving substitute care and the children, and transporting the children to the homes of the individuals and families receiving substitute care so that the children can become familiar with the new environment; collecting opinions and wishes of the children regarding the individuals and families receiving substitute care in cases where the children are seven years old or older.

4. Within fifteen working days, the People's Committee of the commune shall examine the conditions of the individuals and families receiving substitute care; if they meet the conditions, the People's Committee of the commune shall decide to entrust the children to the individuals and families receiving substitute care in accordance with Clause 1, Article 66 of the Law on Children. The People's Committee of the commune shall send the decision entrusting the children to the individuals and families receiving substitute care to the Department of Labor, Invalids, and Social Affairs or the People's Committee of the county or the competent authority to serve as the basis for terminating substitute care for the children at the social assistance facility. The transfer of children shall be carried out when there is a substitute care decision from the People's Committee of the commune and a decision to terminate substitute care at the social assistance facility.

5. Policies for children receiving substitute care and individuals and families receiving substitute care shall be implemented in accordance with laws on social assistance policies.

6. Procedures for transferring children to adoptive families shall be carried out in accordance with laws on adoption.

Article 46. Monitoring and evaluating children transferred from social assistance facilities to individuals or families providing substitute care

1. The head of the social assistance facility shall appoint a representative to coordinate with the child protection worker at the commune level to continue monitoring and assessing the living conditions, health status, physical and mental condition, and integration of children with the individual or family providing substitute care, in order to promptly propose appropriate support measures to relevant agencies, organizations, and individuals.

2. The child protection worker at the commune level shall be responsible for monitoring and evaluating the substitute care provided to children by individuals or families in accordance with Clause 2 of Article 43 of this Decree.

Article 47. Monitoring and evaluating substitute care for children at social assistance facilities

The Department of Labor, Invalids, and Social Affairs, and the labor, invalids, and social affairs agency at the district level shall be responsible for monitoring and evaluating substitute care at social assistance facilities under their management authority, and shall notify the People's Committee of the commune where the decision on substitute care for children was issued.

Article 48. Termination of substitute care for children

1. Individuals or representatives of families providing substitute care in accordance with point c, d of Clause 1 of Article 69 of the Law on Children shall submit a request to terminate substitute care using Model Form No. 15 attached to this Decree to the People's Committee of the commune that issued the decision on transferring children to individuals or families providing substitute care.

2. The Chairman of the People's Committee of the commune shall be responsible for issuing a decision to terminate substitute care and changing the form of substitute care based on the results of monitoring and evaluating the substitute care provided to children by individuals or families, or upon the request of individuals or families providing substitute care, or according to the wishes of the children as stipulated in Article 69 of the Law on Children using Model Form No. 16 attached to this Decree.

3. In cases where children are transferred from social assistance facilities to individuals or families providing substitute care, within five working days from the date of receiving the decision on transferring children to individuals or families providing substitute care from the People's Committee of the commune, the Director of the Department of Labor, Invalids, and Social Affairs or the Chairman of the People's Committee of the district or the authorized individual shall issue a decision to terminate the care of children at the social assistance facility and send this decision to the People's Committee of the commune to implement the transfer of children to individuals or families providing substitute care.

Chapter VI

RESPONSIBILITIES OF AUTHORITIES, ORGANIZATIONS, EDUCATIONAL INSTITUTIONS,FAMILIES, AND INDIVIDUALS TO ENSURE CHILDREN'S PARTICIPATION IN CHILDREN'S ISSUESPARTICIPATE IN CHILD-RELATED ISSUES

Article 49. Responsibilities of ministries, ministerial-level agencies, and government agencies

1. Ministries, ministerial-level agencies, and government agencies, during the process of drafting programs, policies, regulatory legal documents, plans, and development plans related to children or affecting children (hereinafter referred to as the main drafting agencies), must ensure the participation of children as follows:

a) Ensuring that children are informed about the content of the draft document requiring their opinions through one or more appropriate methods prescribed in Clause 2 of Article 74 of the Law on Children;

b) Elaborating the content of the draft document in a manner suitable for children to understand, provide comments, and express their wishes;

c) Receiving, considering, responding to children's opinions and wishes, or explaining and responding to children's opinions and wishes that were not accepted through one or more appropriate methods prescribed in Clause 2 of Article 74 of the Law on Children.

2. In cases where the main drafting agency does not directly organize the collection of children's opinions as prescribed in Clause 1 of this Article, the collection of children's opinions shall be carried out as follows:

a) Sending the draft document along with the content requiring children's opinions to the Organization representing children's voices and wishes or the Vietnam Children's Protection Association to organize the collection of children's opinions before the main drafting agency issues the document according to its authority or submits it to the competent authority for issuance;

b) Opinions and wishes of children collected through the Organization representing children's voices and wishes or the Vietnam Children's Protection Association must be studied, adopted, explained, and responded to by the main drafting agency to the Organization representing children's voices and wishes or the Vietnam Children's Protection Association to reflect back to the children.

3. The dossier issued according to the authority or submitted to the competent authority for review, examination, and issuance by the main drafting agency must include a summary, explanation, and adoption of children's opinions in the summary, explanation, and adoption of opinions of the agency, organization, or individual.

4. Ministries, ministerial-level agencies, and government agencies, during the process of guiding and implementing programs, policies, regulatory legal documents, plans, and development plans, if they receive opinions and wishes of children regarding issues affecting children, must receive, consider, and respond directly to children or the agency, organization submitting children's opinions and wishes.

5. The Ministry of Labor, Invalids, and Social Affairs shall guide, inspect, and supervise activities involving children's participation in children's issues; suspend or propose the competent authority to suspend activities involving children if they violate the law or are not in the best interests of children.

Article 50. Responsibilities of People's Committees at all levels

1. In the process of building decisions, programs, policies, regulatory legal documents, plans, and socio-economic development programs concerning children or related to children, People's Committees at all levels must involve children according to the provisions set out in points a, b, and c of Clause 1, Article 49 of this Decree.

2. During the implementation of programs, policies, regulatory legal documents, plans, and socio-economic development programs, if People's Committees at all levels receive opinions and wishes of children regarding issues affecting children, they must accept, consider, and directly respond to children or organizations sending the opinions and wishes of children.

3. Direct relevant agencies to guide, inspect, and audit activities involving children in matters concerning children within their jurisdiction; suspend or request competent authorities to suspend activities involving children if they violate the law or are not in the best interests of children; handle or request competent authorities to handle acts preventing children from accessing information, expressing opinions, wishes, and participating in appropriate social activities.

4. People's Committees at all levels are responsible for managing and creating conditions for children to participate in matters concerning children within the scope and forms prescribed in Article 74 and the requirements set out in Clause 1, Article 78 of the Law on Children.

Article 51. Responsibilities of Organizations Representing the Voice and Wishes of Children

1. The Communist Youth Union Central Committee shall perform the tasks of representing the voice and wishes of children as stipulated in Article 77 of the Law on Children.

2. Annually propose to the Government a plan to implement the task of representing the voice and wishes of children and supervise the implementation of children's opinions and wishes as provided for in point b of Clause 4, Article 91 of the Law on Children.

3. Take the lead and coordinate with ministries, ministerial-level agencies, government agencies, provincial People's Committees, the Vietnam Women's Union, the Vietnam Children's Protection Association, and relevant agencies and organizations in implementing the task of representing the voice and wishes of children and supervising the implementation of children's rights according to their opinions and wishes as approved by the Government.

Article 52. Responsibilities of Political-Social Organizations, Social Organizations, and Social-Professional Organizations

1. Propose the Vietnam Fatherland Front, political-social organizations, social organizations, and social-professional organizations (hereinafter referred to as organizations) to seek the opinions of children through appropriate methods when building and implementing decisions, programs, and activities concerning children or related to children, as provided for in Clause 2, Article 74 of the Law on Children.

2. Organizations must explain the contents of decisions, programs, and activities under construction or implementation that are suitable for children so that children can understand, provide comments, and express their wishes; opinions and wishes of children sent to organizations must be accepted, considered, and directly responded to children or organizations sending the opinions and wishes of children according to the organization's charter, objectives, functions, and responsibilities.

3. Organizations are responsible for forwarding opinions and wishes of children received by them to agencies, organizations, and individuals with the authority to examine and resolve these opinions and requests and monitor responses to these opinions and requests.

4. When organizing activities and events involving children, organizations must ensure safe conditions suitable for children; comply with guidance, inspections, audits, or suspension decisions made by competent authorities.

Article 53. Responsibilities of schools and other educational institutions

1. Schools shall create conditions for students to participate in appropriate social activities; express opinions and wishes on issues of concern to students through forms prescribed in Clause 2, Article 74 of the Law on Children.

2. The School Management Board shall be responsible for receiving opinions, suggestions, and wishes of students and examining and replying to issues within the scope of responsibility of the School Management Board within seven working days. The content of the reply shall clearly state whether the opinion, suggestion, or wish will be implemented or not, the time of implementation, and the reasons for not implementing the opinion, suggestion, or wish of the student.

3. The School Management Board shall be responsible for forwarding opinions, suggestions, and wishes of students to relevant agencies, organizations, or individuals with the authority to examine and resolve such matters if they fall outside the scope of responsibility of the School Management Board, and follow up on the responses to provide feedback to the students.

4. Teachers in charge of the Youth Union or the Youth League Secretary shall reflect or compile opinions, suggestions, and wishes of students and transfer them to the School Management Board or teachers when students do not want to directly report issues to the School Management Board or teachers; inform students about the reception, examination, and resolution of their opinions, suggestions, and wishes.

Article 54. Responsibilities of child protection service providers and social assistance institutions

1. Child protection service providers and social assistance institutions must disclose the following information upon request from children, parents, or caregivers:

a) Decision on establishment or registration of operation issued by the competent authority;

b) Functions, tasks, content of activities, and services provided;

c) Service fees (if applicable);

d) Measures and service provision regimes for children;

e) Responsibilities of parents, caregivers, or the children themselves during the service provision process.

2. Child protection service providers and social assistance institutions shall receive, examine, and directly reply or respond in writing to opinions, suggestions, and wishes of children, parents, caregivers, or related agencies and organizations regarding services provided by the institution.

Article 55. Responsibilities of mass media agencies and organizations providing services on online platforms

1. Mass media agencies and organizations providing services on online platforms shall be responsible for publishing opinions and wishes of children sent to them in accordance with the objectives and purposes of the agency or organization and legal regulations. In cases where publication does not occur, a response and explanation of the reasons must be given.

2. Send and request relevant agencies, organizations, or individuals to reply in writing to the opinions and wishes of children.

3. Mass media agencies and organizations providing services on online platforms have the right and obligation not to disclose private life information or personal secrets of children at the request of children, parents, or caregivers, or in cases where disclosure would harm the children, not in the best interests of the children according to Article 33 of this Decree.

Article 56. Family Responsibilities

Parents and other family members shall be responsible for:

1. Caring for and raising children.

2. Educating children.

3. Protecting children's safety.

4. Creating conditions for children to participate in cultural, artistic, sports, and appropriate social activities.

5. Creating conditions to guide children in accessing safe information sources that are suitable to their age, gender, and level of maturity.

6. Ensuring children's participation in family life in accordance with Article 75 and Clause 1 of Article 78 of the Law on Protection, Care, and Education of Children.

Chapter VII

IMPLEMENTING PROVISIONS

Article 57. Effectiveness

1. This Decree takes effect from July 1, 2017.

2. Decree No. 71/2011/NĐ-CP dated August 22, 2011 of the Government detailing and guiding the implementation of certain provisions of the Law on Protection, Care, and Education of Children ceases to be effective from the date this Decree takes effect.

Article 58. Responsibility for Implementation

The Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of provincial and municipal people's committees directly under the central government shall be responsible for enforcing this Decree./.