Guaranty for children to fully exercise their rights and perform their dutiesThe National Assembly promulgated the Law No. 102/2016/QH13. This Law prescribes the rights and duties of children; the principles and measures to guarantee children’s rights; and the responsibilities of agencies, organizations, educational institutions, families and individuals in realizing children’s rights and duties.
Subjects of application are Vietnamese state agencies, political organizations, socio-political organizations, socio-politico-professional organizations, social organizations, socio-professional organizations, economic organizations, non-business units, people’s armed force units, educational institutions, families and citizens; international agencies and organizations, and foreign organizations operating in the Vietnamese territory, foreigners residing in Vietnam (below referred collectively to as agencies, organizations, educational institutions, families and individuals).
The State shall adopt subsidy and assistance policies and promulgate standards and criteria for the care and nurture of children according to their age groups and of disadvantaged children.
2. The State shall encourage agencies, organizations, families and individuals to provide assistance to and care for children and disadvantaged children; provide land, tax and credit supports for organizations and individuals that provide child care and nurture services in accordance with law.
Assurance of healthcare for children:
+ The State shall adopt policies suitable to socio-economic development conditions in each period in order to assist children, ensuring that all children have access to healthcare, giving priority to disadvantaged children, children of poor or near-poor households, ethnic minority children, and children living in border and mountainous communes, on islands and in communes with extremely difficult socio-economic conditions.
+ The State shall ensure the application of various measures for regular medical examination of pregnant women and children according to their age groups; to provide nutritious care, primary healthcare and vaccinations for children; to prevent and control children’ accidents and injuries; to provide children with advice and assistance on reproductive healthcare and sexual health suitable to their age groups as prescribed by law.
+ To prioritize health and nutrition counseling, protection and care for pregnant women, mothers nursing children under 36 months old, and children, especially children under 36 months old and abused children, suitable to socio-economic development conditions in each period.
+ The State shall adopt policies and measures to provide prenatal and neonatal counseling, screening, diagnosis and treatment; to reduce the mortality rate among children, especially newborns; and to get rid of ill customs and practices detrimental to children’s health.
+ The State shall pay, or support the payment of, health insurance premiums for children as prescribed by the law on health insurance according to their age groups, categories and suitable to socio-economic development conditions in each period.
+ The State shall adopt policies and measures for children to have access to hygienic water and basic sanitation conditions, and food safety as prescribed by law.
+ The State shall encourage agencies, organizations, families and individuals to support and invest resources for child protection and healthcare, giving priority to disadvantaged children.
* Assurance of education for children:
+ The State shall adopt supporting policies to ensure that all children can go to school, minimizing the drop-out rates; adopt policies to support disadvantaged children, children of poor or near-poor households, ethnic minority children, children living in border and mountainous communes, on islands or in communes with extremely difficult socio-economic conditions to have access to general education, integration education, vocational training and placement into jobs suitable to their age groups and in accordance with the labor law.
+ The State shall prioritize investment in education and ensure equality in opportunities to access education for all children; integration education for children with disabilities; and adopt policies on school fee exemption and reduction for each group of children suitable to socio-economic development conditions in each period.
+ Education programs and contents must be suitable to each age group and each group of children, ensuring quality, meeting the requirements of all-sided development and integration requirements; must attach importance to education in historical traditions and national culture, development of the personality, life skills, talent and aptitude of children; and to gender and reproductive health education for children.
+ The State shall provide a safe, healthy and friendly education environment, prevent and control school violence.
+ The State shall adopt appropriate policies for universalization of preschool education among five-year children and supporting policies for children of eligible age to have preschool education, suitable to socio-economic development conditions in each period; and encourage and attract other investment sources for education and training development.
* Types of child protection service establishments:
+ A child protection service establishment is an establishment set up by an agency, organization or individual in accordance with law, having the functions and tasks of implementing or coordinating in or supporting, the implementation of, one or several child protection measures according to the prevention, assistance and intervention levels as prescribed in Articles 48, 49 and 50 of this Law.
+ A child protection service establishment shall be organized as a public establishment or a non-public establishment.
+ Child protection service establishments include:
a/ Establishments that provide child protection services as their sole function and task;
b/ Establishments that provide child protection services as part of their functions and tasks.
Guaranty for children to live with parents
+ Parents, care givers and family members shall ensure conditions for children to live with their parents.
+ Parents, care givers and family members shall observe the laws and decisions of competent agencies or persons on restriction of parental rights; separation of children from parents to ensure the safety and best interests of children.
+ Parents, caregivers and family members shall take care of, nurture, manage and educate children; spare the best conditions according to their capabilities for the continuous and all-sided development of children, especially children under 36 months old; to regularly contact responsible agencies, organizations and individuals for guidance and assistance in the course of performing the responsibility to take care of, nurture and educate children.Parents and caregivers shall ensure the nutritious regime suitable to the physical and spiritual development of children according to their age groups.
+ Parents and caregivers shall implement primary health care and disease prevention for children.
+ Pregnant women shall access health services for counseling on screening and prevention of inborn diseases for their children.
This Law takes effect on June 1, 2017. Law No. 25/2004/QH11 on Child Protection, Care and Education ceases to be effective on the effective date of this Law.
Transitional provisions: Child protection service establishments already set up by competent state agencies or granted operation registrations before this Law takes effect shall not be required to carry out establishment or re-registration procedures.
Handling of violations: Violators of the provisions of this Law shall be disciplined, administratively sanctioned or examined for penal liability in accordance with law, depending on the nature and severity of their violations.
Guaranty for children to fully exercise their rights and perform their duties
04/11/2016
The National Assembly promulgated the Law No. 102/2016/QH13. This Law prescribes the rights and duties of children; the principles and measures to guarantee children’s rights; and the responsibilities of agencies, organizations, educational institutions, families and individuals in realizing children’s rights and duties.
Subjects of application are Vietnamese state agencies, political organizations, socio-political organizations, socio-politico-professional organizations, social organizations, socio-professional organizations, economic organizations, non-business units, people’s armed force units, educational institutions, families and citizens; international agencies and organizations, and foreign organizations operating in the Vietnamese territory, foreigners residing in Vietnam (below referred collectively to as agencies, organizations, educational institutions, families and individuals).
The State shall adopt subsidy and assistance policies and promulgate standards and criteria for the care and nurture of children according to their age groups and of disadvantaged children.
2. The State shall encourage agencies, organizations, families and individuals to provide assistance to and care for children and disadvantaged children; provide land, tax and credit supports for organizations and individuals that provide child care and nurture services in accordance with law.
* Assurance of healthcare for children:
+ The State shall adopt policies suitable to socio-economic development conditions in each period in order to assist children, ensuring that all children have access to healthcare, giving priority to disadvantaged children, children of poor or near-poor households, ethnic minority children, and children living in border and mountainous communes, on islands and in communes with extremely difficult socio-economic conditions.
+ The State shall ensure the application of various measures for regular medical examination of pregnant women and children according to their age groups; to provide nutritious care, primary healthcare and vaccinations for children; to prevent and control children’ accidents and injuries; to provide children with advice and assistance on reproductive healthcare and sexual health suitable to their age groups as prescribed by law.
+ To prioritize health and nutrition counseling, protection and care for pregnant women, mothers nursing children under 36 months old, and children, especially children under 36 months old and abused children, suitable to socio-economic development conditions in each period.
+ The State shall adopt policies and measures to provide prenatal and neonatal counseling, screening, diagnosis and treatment; to reduce the mortality rate among children, especially newborns; and to get rid of ill customs and practices detrimental to children’s health.
+ The State shall pay, or support the payment of, health insurance premiums for children as prescribed by the law on health insurance according to their age groups, categories and suitable to socio-economic development conditions in each period.
+ The State shall adopt policies and measures for children to have access to hygienic water and basic sanitation conditions, and food safety as prescribed by law.
+ The State shall encourage agencies, organizations, families and individuals to support and invest resources for child protection and healthcare, giving priority to disadvantaged children.
* Assurance of education for children:
+ The State shall adopt supporting policies to ensure that all children can go to school, minimizing the drop-out rates; adopt policies to support disadvantaged children, children of poor or near-poor households, ethnic minority children, children living in border and mountainous communes, on islands or in communes with extremely difficult socio-economic conditions to have access to general education, integration education, vocational training and placement into jobs suitable to their age groups and in accordance with the labor law.
+ The State shall prioritize investment in education and ensure equality in opportunities to access education for all children; integration education for children with disabilities; and adopt policies on school fee exemption and reduction for each group of children suitable to socio-economic development conditions in each period.
+ Education programs and contents must be suitable to each age group and each group of children, ensuring quality, meeting the requirements of all-sided development and integration requirements; must attach importance to education in historical traditions and national culture, development of the personality, life skills, talent and aptitude of children; and to gender and reproductive health education for children.
+ The State shall provide a safe, healthy and friendly education environment, prevent and control school violence.
+ The State shall adopt appropriate policies for universalization of preschool education among five-year children and supporting policies for children of eligible age to have preschool education, suitable to socio-economic development conditions in each period; and encourage and attract other investment sources for education and training development.
* Types of child protection service establishments:
+ A child protection service establishment is an establishment set up by an agency, organization or individual in accordance with law, having the functions and tasks of implementing or coordinating in or supporting, the implementation of, one or several child protection measures according to the prevention, assistance and intervention levels as prescribed in Articles 48, 49 and 50 of this Law.
+ A child protection service establishment shall be organized as a public establishment or a non-public establishment.
+ Child protection service establishments include:
a/ Establishments that provide child protection services as their sole function and task;
b/ Establishments that provide child protection services as part of their functions and tasks.
Guaranty for children to live with parents
+ Parents, care givers and family members shall ensure conditions for children to live with their parents.
+ Parents, care givers and family members shall observe the laws and decisions of competent agencies or persons on restriction of parental rights; separation of children from parents to ensure the safety and best interests of children.
+ Parents, caregivers and family members shall take care of, nurture, manage and educate children; spare the best conditions according to their capabilities for the continuous and all-sided development of children, especially children under 36 months old; to regularly contact responsible agencies, organizations and individuals for guidance and assistance in the course of performing the responsibility to take care of, nurture and educate children.Parents and caregivers shall ensure the nutritious regime suitable to the physical and spiritual development of children according to their age groups.
+ Parents and caregivers shall implement primary health care and disease prevention for children.
+ Pregnant women shall access health services for counseling on screening and prevention of inborn diseases for their children.
This Law takes effect on June 1, 2017. Law No. 25/2004/QH11 on Child Protection, Care and Education ceases to be effective on the effective date of this Law.
Transitional provisions: Child protection service establishments already set up by competent state agencies or granted operation registrations before this Law takes effect shall not be required to carry out establishment or re-registration procedures.
Handling of violations: Violators of the provisions of this Law shall be disciplined, administratively sanctioned or examined for penal liability in accordance with law, depending on the nature and severity of their violations.