Decree No. 71/2011/NĐ-CP detailing and guiding the implementation of certain provisions of the Law on Protection, Care, and Education of Children

DECREE

Regulations detailing and guiding the implementation of certain provisions of 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;

Considering the proposal of the Minister of Labor, Invalids, and Social Affairs,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1\. This Decree specifies and guides the implementation of certain provisions of the Law on Protection, Care, and Education of Children regarding acts violating children's rights; responsibilities to ensure basic rights of children; protection, care, and education of children in special circumstances; responsibilities of agencies, organizations, and individuals in protecting, caring for, and educating children;

2\. This Decree applies to agencies, organizations, and individuals both within and outside Vietnam.

Article 2. Subjects Enjoying Basic Rights of Children

1\. Vietnamese citizens who are children enjoy rights and fulfill obligations as prescribed by the Law on Protection, Care, and Education of Children and other relevant laws.

2\. Vietnamese citizens who are children residing abroad enjoy rights and fulfill obligations as prescribed by Vietnamese law, the law of the country where they reside, and international treaties to which both countries are parties.

3\. Foreigners who are children residing in Vietnam enjoy rights and fulfill obligations as prescribed by international treaties to which both countries are parties.

Chapter II

VIOLATIONS OF CHILDREN'S RIGHTS

Article 3. Parents Abandoning Their Children, Guardians Abandoning Children Under Their Custody

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

2\. Parents or guardians fail to fulfill their duty to support, sever emotional and material ties with the child, except in cases where the child is adopted or required to be separated from the child according to the law.

3\. Parents or guardians intentionally abandon the child in public places, leave the child unattended, force the child not to live with the family, neglect the child, and fail to care for, nurture, and educate the child, causing the child to fall into a special situation.

Article 4. Luring, Inducing, Forcing, Controlling Children to Beg, Exploiting Children Who Beg for Profit

1\. Speaking, writing, translating, reproducing books, newspapers, materials, pictures, photographs, recording audio and video, using money, material goods, reputation, or other benefits to lure, induce, force, or control children to leave home and beg in any form.

2\. Kidnapping children, gathering, harboring children, renting or lending children to beg, solicit alms, or engage in other activities for profit.

Article 5. Luring, Deceiving, Forcing Children to Buy, Sell, Transport, Store, Illegally Use Narcotics; Luring Children to Gamble; Selling, Providing Children with Alcohol, Tobacco, and Other Harmful Stimulants

1\. Speaking, writing, translating, reproducing books, newspapers, materials, pictures, photographs, recording audio and video to lure, induce children to buy, sell, transport, store, illegally use narcotics, gamble, use alcohol, tobacco, other harmful stimulants that affect children's health and development.

2\. Using money, material goods, reputation, or other benefits, using deceitful, fraudulent methods, using violence, threatening to use violence, or using authority to lure, induce children to buy, sell, transport, store, illegally use narcotics or to witness the illegal use of narcotics in any form.

3\. Using money, material goods, reputation, or other benefits to lure children to gamble; organizing gambling for children, allowing children to witness, participate in serving gambling in any form.

4\. Selling to children, allowing children to purchase, providing children with alcohol, tobacco, other harmful stimulants affecting children's health and development.

Article 6. Soliciting, deceiving, leading, harboring, forcing children to engage in prostitution; sexually abusing children

1. Using money, material goods, prestige, or other benefits, using deceitful methods, fraud, violence, threats of violence, or authority to solicit, lure, or force children to engage in prostitution or witness, participate in serving prostitution activities.

2. Leading, guiding, brokering, organizing, inciting, harboring, concealing, renting, lending, or arranging places for children to engage in prostitution, or for children to witness, participate in serving prostitution activities.

3. Exposing children to cultural products, information, media, toys, games, utensils with pornographic content; influencing the body of children to arouse sexual desire in children or to satisfy sexual needs.

Article 7. Exploiting, soliciting, forcing children to buy, sell, use violent, obscene cultural products; producing, copying, circulating, transporting, storing child pornography products; manufacturing, trading harmful toys, games for the healthy development of children

1. Using emotional relationships, prestige, dependence of children, lying, fraud, using money, material goods, prestige, or other benefits, using violence, threats of violence, or authority to solicit, lure, or force children to come into contact with, buy, sell, rent, use, disseminate, participate in producing cultural products, information, media, toys, games, utensils with violent, obscene, harmful content for children's development.

2. Writing, translating, copying, producing, circulating, transporting, trading, importing, storing, disseminating, advertising cultural products, information, media, toys, games, utensils with child pornography, violent, obscene content featuring children or involving children that are dangerous and harmful to children's healthy development.

3. Failing to report or failing to verify the age of children who should not be exposed to or use cultural products, information, media, toys, games, radio programs, television programs, arts, films with inappropriate content for children.

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

1. Violating the body, beating, treating poorly children; forcing children to go hungry, thirsty, wear rags, limit personal hygiene; confining children; forcing children to live in harmful, dangerous environments.

2. Causing mental harm, insulting dignity, reputation, humiliating, cursing, threatening, humiliating, isolating, neglecting affecting children's development.

3. Using punishment measures to teach children, causing physical and mental pain to children.

4. Using violence, threats of violence, or other means to appropriate, kidnap children, isolate children from parents, guardians.

5. Frequently threatening children with images, sounds, animals, objects that make children afraid, causing mental harm.

6. Buying, selling children in any form.

7. Swapping children for any purpose.

8. Inciting, provoking, deceiving children in any way to make them hate parents, guardians.

9. Inciting, provoking, deceiving 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 engaging children in other activities contrary to the provisions of labor laws.

Clause 1. Parents, guardians, or foster parents compel children to perform household work beyond their capacity, exceeding time limits, affecting their studies, play, and leisure, adversely impacting the development of children, or compelling them to engage in activities prohibited by law.

Clause 2. Persons providing vocational training to children compel them to perform work beyond their capacity, involving heavy labor, exceeding time limits, in hazardous environments, adversely impacting the development of children.

Clause 3. Employing child labor without payment or with inadequate compensation, without the consent of parents or guardians, without a labor contract as prescribed by law; compelling children to work beyond their capacity, exceeding time limits, performing heavy labor, in hazardous environments; employing children in activities contrary to the provisions of labor laws.

Clause 4. Using children in nightclubs, massage establishments, physical therapy centers, casinos, karaoke restaurants, bars, beer shops, or places that pose risks detrimental to the development of children.

Clause 5. Using children to purchase, sell, or transport counterfeit goods, prohibited items, or goods evading taxes.

Clause 6. Allowing children to participate in, or using children in the production, distribution, promotion of cultural products, information, communication, toys, games, and utensils containing violent, pornographic, dangerous, unsuitable, or harmful content for the development of children.

Article 10. Obstructing Children's Education

Clause 1. Misusing prestige, using violence, threatening to use violence, or using material inducements or authority to entice, lure, or coerce children to drop out of school or take leave from school.

Clause 2. Compelling or enticing children to drop out of school or take leave from school to exert pressure, file complaints, or stage illegal protests.

Clause 3. Disrupting or obstructing the operations of educational institutions, damaging educational facilities and teaching equipment at such institutions.

Clause 4. Deliberately failing to fulfill legal obligations to contribute to children's education, not ensuring sufficient time and conditions for children's education.

Clause 5. Destroying books, notebooks, and study materials of children.

Clause 6. Refusing to accept or pressuring to obstruct the acceptance of children with disabilities capable of learning, children infected, suspected of being infected, at risk, or whose parents are infected with HIV into educational institutions as prescribed by law.

Article 11. Applying Measures That Insult, Humiliate, or Debase the Dignity and Personality of Children Who Violate the Law

Clause 1. Insulting, cursing, compelling children to perform acts that insult, humiliate, or debase their dignity and personality.

Clause 2. Torturing, causing physical pain, confining in poor conditions, or applying measures that cause mental harm to children who violate the law.

Article 12. Establishing Production Facilities or Warehouses for Pesticides, Toxic Chemicals, or Flammable and Explosive Materials Near Child Care Facilities, Educational Institutions, Healthcare Facilities, Cultural Centers, or Entertainment Venues for Children

Clause 1. Establishing production facilities or warehouses for pesticides, toxic chemicals, or flammable and explosive materials within a range that affects the health and development of children, posing a risk to the lives of children at childcare facilities, educational institutions, healthcare facilities, cultural centers, or entertainment venues for children, or vice versa.

Clause 2. Establishing production or business facilities generating toxic waste or producing excessive noise beyond permissible limits within a range that affects the health, development, safety of children, and the operations of childcare facilities, educational institutions, healthcare facilities, cultural centers, or entertainment venues for children, or vice versa.

Article 13. Using material bases designated for children's education, living, playing, and entertainment for other purposes that affect children's interests.

1. Misusing the purpose, damaging material bases designated for children's education, living, playing, and entertainment.

2. Occupying land, constructions, houses, areas, time designated for children's education, living, playing, and entertainment.

3. Not implementing, implementing incorrectly, distorting the planning of material bases designated for children's education, living, playing, and entertainment that have been approved.

Chapter III

RESPONSIBILITY FOR ENSURING CHILDREN'S BASIC RIGHTS

Article 14. Registering births for children

1. Parents and guardians are responsible for registering the birth of children within the prescribed time limit. The registration of children's births shall be carried out in accordance with the provisions of the law on household registration.

2. People's Committees at all levels shall direct judicial agencies to cooperate with labor, social affairs agencies at the same level to promote awareness among parents, guardians, individuals or organizations currently fostering children to register their births in compliance with the law; organize implementation of measures to register children's births in compliance with regulations in areas with difficult travel conditions where people are still influenced by outdated customs and practices.

Article 15. Determining parents for children

1. Children who have not yet identified their parents, if there is a request from the child through the guardian or from the guardian themselves, including cases where the parents have died, shall have their parents determined by the Court according to the provisions of the law. The determination of parents for children must be based on the best interests of the child.

2. Parents, guardians, labor, social affairs agencies at all levels, Women's Union at all levels, and other agencies, organizations, or individuals as stipulated by civil procedure law have the right to request the Court to determine parents for children.

3. Labor, social affairs agencies at all levels, Women's Union at all levels, upon receiving requests to determine parents for children, shall be responsible for investigating, verifying, considering the interests of the child, and requesting the Court to determine parents for children.

Article 16. Ensuring the interests of children when they must live apart from their parents.

1. When parents are under temporary detention, pre-trial detention, or serving a prison sentence, children must live apart from their parents and be cared for by substitutes. In cases where the mother is nursing a child under thirty-six months old but is serving a prison sentence, appropriate time shall be arranged for her to care for and raise the child. The Department of Labor, Invalids, and Social Affairs in the area with detention centers, prisons shall designate social welfare facilities, children's assistance facilities to receive and care for children aged thirty-six months and above when their parents are detainees or prisoners in those detention centers or prisons if there are no relatives to foster or care for them.

2. When parents are decided by the Court to have their rights to their children restricted, during the execution of the Court's decision, children shall be assisted and protected; in cases where the Court decides not to allow parents to care for, raise, and educate their children, children must live apart from their parents and be cared for by substitutes.

3. People's Committees at all levels shall be responsible for organizing substitute care, education, and raising for children who must live apart from their parents through the following forms: entrusting relatives, substitute care families, social welfare facilities, children's assistance facilities in the locality to provide substitute care.

4. Labor, invalids, and social affairs agencies at all levels shall be responsible for verifying the living conditions, economic capacity of relatives, substitute care families, social welfare facilities, children's assistance facilities to propose relatives, families, substitute care facilities for children who must live apart from their parents; inspect the living conditions of children who must live apart from their parents after being entrusted to relatives, families, substitute care facilities. Placing children who must live apart from their parents in children's assistance facilities, social welfare facilities shall only be considered a last resort when no relatives or substitute care families can be found.

5. During the period when children are in children's assistance facilities, social welfare facilities, educational schools, drug rehabilitation centers, parents of children shall be responsible for regularly visiting, encouraging, and assisting children; children's assistance facilities, social welfare facilities, educational schools, drug rehabilitation centers shall create conditions for children to maintain contact with their families and access services for protecting, caring for, and educating children.

Article 17. Protection of children in cases where parents commit acts violating children's rights as stipulated in Chapter II of this Decree

1. The court shall decide to limit the rights of parents towards their child who is a minor if the parents commit acts violating the child's rights, thereby harming the normal development of the child according to the nature and extent of the violation.

2. Responsibilities for ensuring safety and normal development of children in cases where parents' rights towards their child who is a minor are limited:

a) The labor, social affairs, and war invalids agencies at all levels and the Women's Union at all levels, in accordance with civil procedural laws, have the right to request the court or propose the prosecution agency to request the court to limit the rights of parents towards their child who is a minor. Other organizations and individuals, in accordance with civil procedural laws, have the right to propose the prosecution agency to examine and request the court to limit the rights of parents towards their child who is a minor.

b) In urgent situations, when it is necessary to protect the life, body, dignity, honor, and legitimate interests of the child before a decision of the court, the labor, social affairs, and war invalids agencies at all levels, the Women's Union at all levels, and other agencies, organizations, and individuals in accordance with civil procedural laws have the right to request the competent court to issue a temporary decision entrusting the child to relatives for care, education, and upbringing; in cases where there are no relatives, the child may be entrusted to a substitute family for care or to a child assistance facility or a social welfare institution.

c) After the court's decision to limit the rights of parents towards their child who is a minor or in urgent situations, the organization of care, education, and substitute upbringing for the child shall be carried out in accordance with Clause 3 and Clause 4 of Article 16 of this Decree.

Article 18. Responsibilities for protecting the life, body, dignity, and honor of children

1. Agencies, organizations, and individuals have the responsibility to inform the labor, social affairs, and war invalids agencies at all levels, the People's Committees at all levels, and specialized civil servants responsible for labor, social affairs, and war invalids at the commune level upon discovering risks or acts of abuse and harm to the life, body, dignity, and honor of children.

2. The People's Committees at all levels, the labor, social affairs, and war invalids agencies at all levels, and specialized civil servants responsible for labor, social affairs, and war invalids at the commune level have the responsibility to accept and verify the information stipulated in Clause 1 of this Article; coordinate with relevant agencies, organizations, and individuals to implement measures to prevent and promptly address risks and acts of abuse and harm to the life, body, dignity, and honor of children.

3. The labor, social affairs, and war invalids agencies at all levels shall take the lead and coordinate with relevant agencies at the same level to direct and guide the dissemination and education on skills for protecting children, preventing abuse, harm, violence, and punishment of children for parents, guardians, specialized civil servants responsible for labor, social affairs, and war invalids at the commune level, teachers in educational institutions, and children.

4. Parents, guardians, child-rearing facilities, educational institutions, healthcare facilities, cultural facilities, sports facilities, production, business, and service facilities have the responsibility to implement preventive measures against accidents causing injuries to children.

5. The Ministry of Labor, War Invalids, and Social Affairs shall take the lead and coordinate with relevant agencies to organize activities for disseminating and guiding the prevention of accidents causing injuries to children; develop and publicize safety standards and preventive measures against accidents causing injuries to children in families and public places.

Article 19. Responsibility to ensure children's right to access appropriate information in accordance with their development

1. Parents, guardians, mass media agencies, childcare facilities, educational, cultural institutions, social organizations, service providers operating in the field of child protection, care, and education shall create all conditions for children to access information sources suitable to their age, gender, and development.

2. Childcare facilities, educational, cultural institutions, social organizations, service providers operating in the field of child protection, care, and education shall publicly disclose information about their organization and activities through appropriate forms.

3. Information that children have access to and are provided must be for the benefit of children, without harming or affecting their development.

Article 20. Responsibility to ensure children's right to express opinions and wishes on matters of interest to them

1. Parents, guardians, mass media agencies, childcare facilities, educational, cultural institutions, social organizations, service providers operating in the field of child protection, care, and education shall create all conditions for children to express their opinions and wishes on matters of interest to them.

2. Law-making and policy-making agencies concerning children or related to children must study and refer to children's opinions. The Children's Forum is an activity for children's representatives to voice their opinions and wishes or for agencies and organizations to seek children's opinions on issues related to children.

3. Opinions and wishes of children sent to relevant agencies, organizations, and facilities must be responded to, explained, and addressed within the scope of responsibilities and authorities of those agencies, organizations, and facilities.

4. Activities for children to express opinions and wishes must be in the best interests of children and consistent with their development.

5. Such activities shall not be exploited for purposes of exerting pressure, filing complaints, demonstrating, or engaging in illegal business operations.

Article 21. Responsibility to ensure children's right to participate in social activities

1. Parents, guardians, childcare facilities, educational, cultural institutions, social organizations, service providers operating in the field of child protection, care, and education shall create conditions for children to participate in social activities appropriate to their capabilities, age, and gender.

2. Social activities of children must be in the best interests of children and society and should not affect the normal development of children.

3. It is prohibited to exploit children's participation in social activities or social activities involving children for purposes of exerting pressure, filing complaints, demonstrating, engaging in illegal business operations, exploiting, or harming children.

Article 22. Guidance and inspection of activities involving children

The Ministry of Labor, Invalids and Social Affairs, People's Committees at all levels shall be responsible for directing relevant agencies to guide and inspect activities involving children's access to information, expression of opinions, participation in social activities, and other activities involving children; suspend or recommend competent authorities to suspend activities involving children that are not in the best interests of children, abuse, or harm children; handle or recommend competent authorities to handle according to the provisions of the law acts preventing children from accessing appropriate information, expressing opinions and wishes on related matters, and participating in social activities.

Chapter IV

PROTECTION, CARE AND EDUCATION OF CHILDREN IN SPECIAL CIRCUMSTANCES

Article 23. Protection, Care, and Education Work for Children with Special Circumstances at Facilities

The People's Committee of communes shall organize the implementation of protection, care, and education work for children with special circumstances within their jurisdiction, including:

1. Establishing files to monitor developments and develop support plans for recovery and integration for each case of children with special circumstances.

2. Mobilizing agencies, organizations, families, and individuals to voluntarily support the care and education of children with special circumstances; adopting children without shelter or sources of support as foster children, substitute care families, or guardians; in cases where children with special circumstances are not cared for or nurtured in their families or substitute care families, procedures shall be carried out to send such children to child assistance facilities or social welfare institutions.

3. Promoting, educating, and guiding parents, guardians, family members, and those involved in caring for and nurturing children with special circumstances on measures to resolve, mitigate special circumstances, recover physical and mental health, educate morals, and reintegrate appropriately according to the special circumstances of the children.

4. Implementing policies for the protection, care, and education of children with special circumstances; coordinating with child protection, care, and education services; collaborating with competent authorities to prevent risks of violating children’s rights; identifying, verifying, and handling behaviors that lead children into special circumstances; supporting and recovering children with special circumstances in accordance with the law.

Article 24. Management and Assistance for Children with Special Circumstances

People's Committees at all levels shall organize the implementation of management and assistance tasks for children with special circumstances, including:

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

2. Developing plans and guiding the coordination of organizations to implement protection, care, and education work for children with special circumstances, ensuring that every child with special circumstances receives assistance, has opportunities to recover physical and mental health, moral education, and integrate into family and society.

3. Building and implementing policies and support systems for children with special circumstances.

4. Implementing preventive measures, stopping, and promptly addressing violations of children’s rights; reducing and mitigating special circumstances of children; recovering physical and mental health and moral education for children with special circumstances.

5. Inspecting and auditing the implementation of systems, policies, measures, standards, professional procedures, technical processes, and other regulations in the work of protecting, caring for, and educating children with special circumstances.

Article 25. Management and Assistance for Children Who Have Completed Legal Education or Punishment Periods

1. The People's Committee of communes, relevant agencies, and social organizations where children who have completed legal education or punishment periods reside shall implement specific measures to manage and assist these children to progress and reintegrate into family and society.

2. Children who have completed legal education or punishment periods without a place to stay shall be placed in child assistance facilities for special circumstances.

3. People's Committees at all levels shall take the lead and coordinate with relevant agencies, social organizations, and individuals to mobilize experienced volunteers with educational methods and understanding of children's psychology to educate, mentor, provide substitute care, or organize and manage child assistance facilities for children who have completed legal education or punishment periods.

4. People's Committees at all levels shall take the lead and coordinate with relevant agencies to mobilize agencies, organizations, businesses, and individuals to provide financial support for children and child assistance facilities to enable children to study culture, learn trades, or find suitable employment. Provincial People's Committees shall have policies to encourage agencies, organizations, businesses, and individuals to accept children for education and work or to provide financial support for children and child assistance facilities.

5. Parents or guardians shall be responsible for contributing part of the funding agreed upon with child assistance facilities for children who have completed legal education or punishment periods but cannot immediately reintegrate into their families despite having a place to stay; they shall contribute part of the funding agreed upon with agencies, organizations, or businesses accepting children for cultural studies or vocational training if requested.

Article 26. Child Assistance Facilities

1. Child assistance facilities operating under specific content:

a) Child assistance facilities operating under specific content shall implement specialized care and education for children: caring for and educating disabled children who are unable to participate in integrated education; educating children who violate laws; detoxifying drug-addicted children; nurturing and educating children belonging to social welfare recipients.

b) The organization and operation of child assistance facilities operating under specific content shall be carried out in accordance with the provisions of the Law on Protection, Care, and Education of Children and relevant legal regulations.

c) The Ministry of Labor, Invalids and Social Affairs, the Ministry of Education and Training, the Ministry of Health, and the Ministry of Public Security, within their respective functions, tasks, and authorities assigned, shall have the responsibility to manage and guide the issuance of permits, construction, and publication of technical standards, professional guidance for child assistance facilities under their management.

2. Child assistance facilities operating under industry-specific content:

a) Child assistance facilities operating under industry-specific content belong to the following industries and fields: medical examination and treatment; functional recovery; education; vocational training and job creation; culture and sports.

b) The organization and operation of child assistance facilities operating under industry-specific content shall be carried out in accordance with the provisions of the Law on Protection, Care, and Education of Children and legal regulations applicable to the respective industries and fields.

c) Ministries and agencies equivalent to ministries managing industries and fields shall have the responsibility to manage and guide the issuance of permits; construction and publication of technical standards; professional guidance for child assistance facilities under their management.

3. Child assistance facilities operating under mixed content:

a) Child assistance facilities operating under mixed content shall engage in professional activities related to multiple industries and fields; provide support, care, and substitute education for various groups of children in special circumstances; advise on knowledge and skills for children, parents, guardians, and caregivers; assist in medical treatment; psychological therapy; integration education, vocational training, and job creation; organize social activities.

b) The organization and operation of child assistance facilities operating under mixed content shall be carried out in accordance with the provisions of the Law on Protection, Care, and Education of Children and relevant legal regulations concerning the content of child assistance activities.

c) The Ministry of Labor, Invalids and Social Affairs shall take the lead and coordinate with relevant agencies to have the responsibility to manage and guide the issuance of permits; construction and publication of technical standards; professional guidance for child assistance facilities operating under mixed content, ensuring that all child assistance facilities are managed and operate in accordance with the law.

Article 27. State Management of Child Assistance Facilities

1. People's Committees at all levels shall take the lead and coordinate with relevant agencies to carry out state management over child assistance facilities within their jurisdiction according to the following provisions:

a) Develop and direct the implementation of general planning to ensure that various types of child assistance facilities are suitable for different categories of children in the area, creating conditions for all children in special circumstances to have opportunities to recover their health and spirit and receive moral education; children in special circumstances without a place to rely on can be cared for and nurtured in substitute family care or at child assistance facilities.

b) Inspect and audit the organization and operation of child assistance facilities within the area, ensuring that all child assistance facilities operate in accordance with their intended purpose and legal regulations.

2. Ministries and agencies equivalent to ministries, within the scope of their functions, tasks, and authorities assigned, shall carry out state management over child assistance facilities under their management according to the following provisions:

a) Develop and direct the implementation of planning and development plans for child assistance facilities operating for the purpose of protecting and realizing children's rights.

b) Develop and submit to competent authorities for promulgation or promulgate within their authority systems, policies, technical standards, and professional guidance for assisting children in special circumstances and those protecting, caring for, and educating such children.

c) Provide information, professional guidance, and train staff for child assistance facilities.

d) Decide on the establishment, issuance of operating permits, dissolution, and suspension of operations for child assistance facilities.

đ) Inspect, audit, resolve complaints and denunciations, and handle violations according to the law regarding the organization and operation of child assistance facilities; conduct mid-term reviews on the organization and operation of child assistance facilities.

Article 28. Child Support Fund

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

2. The Child Support Fund is established at which level shall be managed and utilized by the Labor - Invalids and Social Affairs agency at that level 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 being non-profit; respecting the purpose of contributions; publicly disclosing sources of income and expenditures; utilizing capital according to the approved operational plan, as required by sponsors; and shall not use the Fund for illegal activities.

4. The Child Support Fund may be used to provide support for: orphaned children without shelter, 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 their families; vagrant children; sexually abused children; drug-addicted children; children who violate laws; children suffering from serious, life-threatening diseases requiring high-cost treatment; mountainous area children, remote region children, revolutionary base area children, disaster-stricken area children, and children from impoverished families; management of the Fund.

Chapter V

RESPONSIBILITIES OF AUTHORITIES AND ORGANIZATIONS

Article 29. Responsibilities of the Ministry of Labor, Invalids and Social Affairs

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

2. Submit to the Government and the Prime Minister for issuance of strategies, programs, plans, and measures for child protection and care; take the lead and coordinate with ministries, ministerial-level agencies, political-social organizations, and central-level social organizations to implement strategies, programs, plans, measures, and models for child protection and care.

3. Submit to competent state agencies for issuance or issue within their authority and organize the implementation of legal normative documents concerning child protection and care.

4. Promote, disseminate, and educate about laws and policies on child protection and care.

5. Organize the collection, processing, and publication of information and data on child protection and care and the realization of children's rights nationwide as prescribed by law; organize scientific research, application of scientific progress, and technology transfer in the field of child protection and care and the realization of children's rights; implement international cooperation on child protection and care and the realization of children's rights within the scope of state management as prescribed by law.

6. Develop and publish professional standards, technical standards, and quotas on child protection and care within the scope of management; on the operations of child assistance facilities and social welfare facilities with child nurturing and care within the scope of management.

7. Take the lead and coordinate with the Ministry of Education and Training to develop vocational training programs related to children; guide provincial People's Committees in planning and building networks of vocational training facilities related to children.

8. Take the lead and coordinate with relevant agencies and organizations to direct, guide, and organize the prevention and intervention of children in special circumstances, assist children in special circumstances to recover and reintegrate into family and society.

9. Take the lead and coordinate with the Ministry of Education and Training, the Ministry of Culture, Sports and Tourism, and the Ministry of Information and Communications to direct and guide the education of children on their duties, prohibited actions, and life skills.

10. Take the lead and coordinate with the Ministry of Finance and other relevant agencies to inspect and audit the management and use of the Child Support Fund.

11. Coordinate with the Ministry of Public Security in developing vocational education programs and guiding the organization of vocational training in rehabilitation schools.

12. Take the lead and coordinate with relevant agencies to inspect and audit the implementation of laws and policies on child protection and care; handle complaints and accusations and address violations of laws on child protection and care within their authority.

翻译第1行：已经完成。

翻译第2至4行：已经完成。

翻译第5行：需要翻译。

翻译第6至10行：已经完成。

Article 31. Responsibilities of the Ministry of Finance

1. Allocate budgetary funds to implement policies, programs, projects, and activities related to the protection, care, and education of children according to the classification of the State Budget Law.

2. Take the lead and coordinate with the Ministry of Labor, Invalids and Social Affairs to guide the management and utilization of the Child Welfare Fund.

翻译第15至16行：需要翻译。

翻译第17至18行：需要翻译。

翻译第19至20行：需要翻译。

翻译第21行：需要翻译。

Article 32. Responsibilities of the Ministry of Health

1. Guide the consolidation and improvement of the quality of the network of medical examination and treatment services for children; provide professional and technical guidance on disease prevention, medical examination, and treatment for children; gradually implement regular health check-ups and establish health monitoring records for children; pay special attention to malnourished children, disabled children, children affected by chemical toxins, children infected with HIV, sexually abused children, drug-addicted children, and children who have suffered accidents or injuries.

Article 33. Responsibilities of the Ministry of Education and Training

1. Guide provincial People's Committees in planning and constructing networks of preschool educational institutions and general education schools within the national education system.

2. Develop and promulgate regulations on the organization and operation of preschool educational institutions and general education schools to ensure necessary conditions for nurturing and educating children.

3. Take the lead and coordinate with the Ministry of Labor, Invalids and Social Affairs to develop programs for disseminating knowledge about the protection, care, and education of children among students, teachers, and educational institution managers; develop vocational training programs; formulate policies on tuition fee exemptions and reductions, and appropriate assistance measures for children from special circumstances to facilitate their integration into learning; specify educational programs for educational institutions serving children with disabilities.

4. Take the lead and coordinate with relevant ministries and sectors to specify educational programs for schools and classes specializing in talents for children.

5. Take the lead and coordinate with the Ministry of Health to develop and implement school health programs; direct the implementation of regulations on health activities in preschool educational institutions and general education schools.

6. Take the lead and coordinate with the Ministry of Justice to develop and implement legal education programs in preschool educational institutions and general education schools.

7. Take the lead and coordinate with the Ministry of Labor, Invalids and Social Affairs, the Ministry of Culture, Sports and Tourism, and the Ministry of Information and Communications to guide and instruct on educating children about their duties, prohibited actions, cultural heritage preservation and promotion, family culture, and life skills in educational institutions.

8. Coordinate with the Ministry of Labor, Invalids and Social Affairs and the Ministry of Science and Technology to manage toys for children in the field of education and training under the scope of state administration of the Ministry in accordance with the law. Take the lead and coordinate with relevant ministries, agencies, and provincial People's Committees to inspect educational institutions in the provision, management, and use of toys for children in the field of education and training in accordance with the law.

Article 34. Responsibilities of the Ministry of Culture, Sports and Tourism

1. To take the lead and coordinate with the Ministry of Labor, Invalids and Social Affairs, the Ho Chi Minh Communist Youth Union, and relevant agencies and organizations to build and direct the implementation of planning and priority plans to encourage investment that meets cultural, literary, artistic, physical education, sports, recreational, entertainment, and tourism needs suitable for children's development and socio-economic conditions.

2. To manage and organize literary and artistic creation and build programs and artistic performances, theatrical productions, music concerts, and performances for children and about children; to stipulate the proportion of products for children in the total number of works, cultural products, programs, and performances carried out annually; to manage and guide the use of physical education and sports equipment for children.

3. To direct and guide the use of libraries, clubs, cultural houses, theaters, cinemas, recreational venues, physical education and sports facilities for children; in cases where there are no dedicated facilities for children on the premises, to stipulate that at least 20% of the time must be allocated for shared facilities to serve children's appropriate needs or designate a specific area for children with suitable equipment. In public sports activity budgets, allocate a portion of the budget for children's public sports activities. Implement preferential policies for children visiting scenic spots, traveling, and using physical education and sports facilities.

4. To stipulate cultural products, artistic programs, theatrical productions, music concerts, and performances not intended for children or only for certain age groups of children.

5. To direct and guide the organization of cultural, recreational, physical education, sports, and tourism activities suitable for children's age groups and their physical, intellectual, and spiritual development.

6. To take the lead and coordinate with the Ministry of Labor, Invalids and Social Affairs, the Ministry of Education and Training, and the Ministry of Information and Communications to direct and guide the education of children regarding the preservation and promotion of national cultural identity and family culture.

7. To publish certain national statistical indicators related to families, culture, physical education, sports, and tourism concerning children as prescribed by law.

8. To inspect, audit, and handle violations of laws in the fields of culture, family, physical education, sports, and tourism for children or related to children within the Ministry's jurisdiction to ensure educational, psychological, physiological age requirements, and safety for children.

Article 35. Responsibilities of the Ministry of Information and Communications

1. To take the lead and coordinate with the Ministry of Labor, Invalids and Social Affairs, the Ho Chi Minh Communist Youth Union, the Vietnam Journalists Association, and relevant ministries, sectors, and organizations to build and direct the implementation of planning and priority plans for the development of press, publishing, and information for children within its jurisdiction, meeting children's information, educational, recreational, and opinion expression needs suitable for their development.

2. To build and issue, and inspect the implementation of national technical standards for press, publishing, telecommunications, internet, radio, and television for children or related to children within its jurisdiction to ensure benefits for children and prevent abuse and harm to children.

3. To inspect, audit, and handle violations of laws concerning information and communication for children or related to children within its jurisdiction.

Article 36. Responsibilities of the Ministry of Public Security

1. To take the lead and coordinate with the Ministry of Labor, Invalids and Social Affairs, the Ho Chi Minh Communist Youth Union, the Vietnam Women's Union, and law enforcement agencies and relevant organizations to build plans to guide and organize the implementation of measures to prevent and stop acts of child abuse and children violating the law.

2. To take the lead and coordinate with relevant agencies to manage and educate children who violate the law and are placed in rehabilitation schools or temporary detention centers, ensuring necessary material and spiritual conditions for children in rehabilitation schools, temporary detention centers, and prisons; to cooperate with People's Courts and People's Procuratorates to strictly handle acts violating children's rights and interests according to the law.

3. To direct the implementation of state management of residence to create favorable conditions for children to exercise their rights at their place of residence.

4. To coordinate with the Ministry of Education and Training and the Ministry of Labor, Invalids and Social Affairs to stipulate educational programs for rehabilitation schools.

Article 37. Responsibilities of the Ministry of Justice

1. Direct and organize the registration of civil status and nationality for children, ensuring that children are registered at birth in accordance with the provisions of the law.

2. Direct and organize the provision of legal aid to children in special circumstances in accordance with the provisions of the law on legal aid.

3. Take the lead and coordinate with the Ministry of Labor, Invalids and Social Affairs, the Ministry of Foreign Affairs, the Ministry of Public Security, and other relevant agencies to implement state management of adoption.

4. Serve as the coordinating body to organize and implement the dissemination and education of laws concerning the protection, care, and education of children.

Article 38. Responsibilities of the Ministry of Natural Resources and Environment

1. Take the lead and coordinate with the Ministry of Labor, Invalids and Social Affairs, and relevant ministries and sectors to guide ministries, sectors, and local people's committees in the development of land use plans and programs, determining land requirements for the construction of educational, health, cultural, service, recreational, entertainment, and sports facilities for children in accordance with the provisions of the law on land.

2. Coordinate with relevant ministries and agencies at the level of ministries to develop and promulgate national technical standards for the environment of educational, health, cultural facilities, child assistance centers, recreational, entertainment, and sports venues for children in accordance with the provisions of the law.

Article 39. Responsibilities of the Ministry of Construction

Develop, promulgate, and inspect the implementation of national technical standards for the planning of educational, health, cultural, service, recreational, entertainment, and sports facilities for children; national technical standards for the safety of construction projects for children and public buildings suitable for children.

Article 40. Responsibilities of the Ministry of Transport

Develop, promulgate, and inspect the implementation of policies prioritizing children when using public transportation; national technical standards for transportation means and infrastructure suitable for children.

Article 41. Responsibilities of Other Ministries and Sectors

Other ministries and sectors, based on their assigned functions, tasks, and authorities, coordinate with the Ministry of Labor, Invalids and Social Affairs to carry out work related to the protection, care, and education of children.

Article 42. Responsibilities of People's Committees at all levels

1. Implement state management over the protection, care, and education of children within their respective localities.

2. Be responsible for implementing targets for the protection, care, and education of children in their localities; organize coordination with relevant agencies and organizations in the locality in carrying out work related to the protection, care, and education of children.

3. Issue certain policies and systems appropriate to the characteristics of the locality to carry out work related to the protection, care, and education of children.

4. Organize the implementation of measures appropriate to the economic and social conditions of the locality to carry out work related to the protection, care, and education of children. Allocate sufficient civil servants and staff to work on the protection and care of children in the locality; coordinate with political-social organizations and social organizations to research and build networks of collaborators and volunteers for the protection and care of children at the grassroots level. Allocate, manage, and use funds to ensure the achievement of goals for children and the rights of children in the locality.

5. Mobilize resources to carry out work related to the protection, care, and education of children in the locality.

6. Inspect, audit, evaluate, and periodically review and summarize the implementation of work related to the protection, care, and education of children in the locality.

Chapter IV

IMPLEMENTING PROVISIONS

Article 43. Effective Date

1. This Decree takes effect from October 10, 2011.

2. This Decree replaces Government Decree No. 36/2005/NĐ-CP dated March 17, 2005, detailing the implementation of certain articles of the Law on Protection, Care, and Education of Children.

Article 44. Responsibility for Implementation

1. Ministers, Heads of ministerial-level agencies, within the scope of their functions, tasks, and authorities, are responsible for guiding the implementation of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairmen of provincial and centrally-administered city People's Committees, and relevant organizations and individuals are responsible for implementing this Decree./.