Nghị định 71/2011/ND-CP

Decree No. 71/2011/ND-CP of August 22, 2011, detailing and guiding a number of articles of the law on child protection, care and education

Decree No. 71/2011/ND-CP detailing and guiding a number of articles of the law đã được thay thế bởi Decree 56/2017/ND-CP detailing the Law on Children và được áp dụng kể từ ngày 01/07/2017.

Nội dung toàn văn Decree No. 71/2011/ND-CP detailing and guiding a number of articles of the law


THE GOVERNMENT
-------

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
---------

No. 71/2011/ND-CP

Hanoi, August 22, 2011

 

DECREE

DETAILING AND GUIDING A NUMBER OF ARTICLES OF THE LAW ON CHILD PROTECTION, CARE AND EDUCATION

THE GOVERNMENT

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

Pursuant to the June 15, 2004 Law on Child Protection, Care and Education;

At the proposal of the Minister of Labor, War Invalids and Social Affairs,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation and subjects of application

1. This Decree details and guides a number of articles of the Law on Child Protection, Care and Education concerning acts of violating children's rights; responsibilities to ensure children's fundamental rights; the protection, care and education of disadvantaged children; and responsibilities of agencies, organizations and individuals for child protection, care and education.

2. This Decree applies to domestic and foreign agencies, organizations and individuals in Vietnam.

Article 2. Subjects entitled to fundamental rights of children

1. Children being Vietnamese citizens enjoy the rights and perform the duties provided in the Law on Child Protection, Care and Education and other relevant laws.

2. Children being Vietnamese citizens living overseas enjoy the rights and perform the duties provided by the Vietnamese law and the laws of the foreign countries where they are living, and treaties to which such foreign countries and Vietnam are contracting parties.

3. Children being foreigners residing in Vietnam enjoy the rights and perform the duties provided in treaties to which their country and Vietnam are contracting parties.

Chapter II

ACTS OF VIOLATING CHILDREN'S RIGHTS

Article 3. Abandoning children by their parents or guardians

1. Parents abandon their children after birth without caring for or nurturing them.

2. Parents or guardians do not perform the obligation of nurturing their children, break up all emotional and material ties with their children, except cases in which they allow their children to be adopted or must be separated from their children in accordance with law.

3. Parents or guardians deliberately leave their children in public places, leave their children alone or force them to live away from their families or leave them to live on their own without caring for, nurturing and educating them, letting them fall into disadvantageous circumstances.

Article 4. Seducing, enticing, forcing, controlling children to live a street life, abusing street children for self-seeking purposes

1. Talking, writing, translating or reproducing books, newspapers, documents, pictures and photos; audio-recording, video-recording, using money, material benefits, prestige or other benefits to seduce, entice, force or control in any form children to live a street life.

2. Forcing, gathering or harboring children, hiring out or lending for self-seeking purposes children to live a street life, go begging or carry out other activities.

Article 5. Seducing, deceiving, forcing children to illegally buy, sell, transport, store or use narcotics: enticing children to gamble; selling to children or letting them drink liquor and beer, smoke cigarettes or use other stimulants harmful to their health

1. Talking, writing, translating or reproducing books, newspapers, documents, pictures or photos; audio-recording or video- recording in order to seduce or entice children to illegally buy. sell, transport, store or use narcotics, gamble, drink liquor and beer, smoke cigarettes or use other stimulants harmful to their health and development.

2. Using money, material benefits, prestige or other benefits, using such tricks as lying or cheating, using force or threatening to use force or using power to seduce or entice children to illegally buy, sell, transport, store or use narcotics or letting children witness the illegal use of narcotics in any form.

3. Using money, material benefits, prestige or other benefits to entice children to gamble; organizing gambling for children, letting children witness or serve gambling in any form.

4. Selling to children liquor, beer, cigarettes or other stimulants harmful to their health and letting children buy, sell or drink liquor and beer, smoke cigarettes or use other stimulants harmful to their health and development.

Article 6. Seducing, deceiving, leading, harboring or forcing children into prostitution; sexually abusing children

1. Using money, material benefits, prestige or other benefits, using such tricks as lying or cheating, using force or threatening lo use force or using power to seduce, entice or force children into prostitution or to witness or serve prostitution activities.

2. Leading, guiding, brokering, organizing, enticing, harboring, covering up, leasing, lending or arranging places for children to engage in prostitution or using children in prostitution, letting children witness or .serve prostitution activities.

3. Exposing children lo pornographic cultural, information and communication products, toys, games or items; touching their body to sexually stimulate them or satisfy one's sexual needs.

Article 7. Abusing, seducing or forcing children to buy, sell or use violence-provoking or debauched cultural products; making, reproducing, circulating, transporting or storing child-pornographic cultural products; producing or trading in toys or games harmful to the healthy development of children

1. Using one's emotional ties with children or one's prestige or the dependence of children, lying, cheating or using money, material benefits, prestige or other benefits, using force or threatening to use force or using power to seduce, entice or force children to contact, buy. sell, hire, borrow, use, distribute or participate in producing violence-provoking or debauched cultural, information and communication products, toys, games or items harmful to the development of children.

2. Writing, translating, reproducing, making, circulating, transporting, trading in, importing, storing, distributing or advertising child-pornographic, violence-provoking or debauched cultural, information and communication products, toys, games or items containing child images or with the participation of children which are dangerous or harmful to the healthy development of children.

3. Hailing to notify or define the age of children disallowed lo come into contact with or use cultural, information and communication products, toys, games, radio or television broadcasts, artistic or cinematographic programs with contents unsuitable for children.

Article 8. Torturing, maltreating, humiliating, appropriating, kidnapping, trafficking in or fraudulently exchanging children; abusing children for self-seeking purposes; inciting children to hale their parents or guardians or to infringe upon others' life, body, dignity or honor

1. Infringing upon children's body, beating or maltreating children; forcing children to abstain from eating and drinking, leaving them in raggedness, restricting their personal hygiene; detaining children; forcing children to live in a hazardous or dangerous environment.

2. Hurting children spiritually, hurting children's dignity or honor, humiliating, scolding, intimidating, segregating or neglecting children, thus affecting their development.

3. Using punitive measures to teach children, hurting them physically and spiritually.

4. Using force or threatening to use force or other tricks to appropriate, kidnap children or segregate children from their parents or guardians.

5. Regularly intimidating children by means of images, sounds, animals or items, thus frightening them and hurting them spiritually.

6. Buying, selling children in any form.

7. Fraudulently exchanging children for any purpose.

8. Enticing, inciting or deceiving children in any form to hate their parents or guardians.

9. Enticing, inciting or deceiving children to infringe upon others' life, body, dignity or honor.

Article 9. Abusing child labor, employing children for heavy or dangerous jobs, jobs in exposure to toxic substances or other jobs in contravention of the labor law

1. Parents, guardians or nurturers of children force them to do housework beyond their strength or for too long, thus affecting their learning, recreation, entertainment and badly affecting their development, or force children to do jobs forbidden by law.

2. Job trainers force their child trainees to do jobs beyond their strength or for too long, do heavy jobs or do jobs in a hazardous or dangerous environment badly affecting their development.

3. Employing children without payment or with underpayment, without their parents' or guardians' commitment, without labor contracts as required by law; forcing children to work beyond their strength or for too long, do heavy jobs or jobs in a hazardous or dangerous environment; employing children for jobs in contravention of the labor law.

4. Employing children in dance halls, massage parlors, physio-therapy establishments, casinos, karaoke bars, pubs or beer restaurants or other places at risk of adversely affecting their development.

5. Employing children to buy, sell or transport counterfeit, banned or contraband goods.

6. Letting children participate in. employing children in the production, trading or circulation of violence-provoking, debauched or dangerous cultural, information and communication products, toys, games or items unsuitable or harmful to their development.

Article 10. Obstructing children's learning

1. Abusing one's prestige, using force or threatening to use force or using material benefits or power to seduce, entice or force children to give up or stop their schooling.

2. Forcing or seducing children to give up or stop their schooling in order to put pressure, initiate lawsuits or go on demonstrations unlawfully.

3. Disturbing or obstructing activities of educational institutions, destroying physical foundations, learning and teaching equipment and facilities of educational institutions.

4. Deliberately declining to perform the law-prescribed obligation to make contributions to children's learning, failing to ensure learning time and conditions for children.

5. Destroying children's books, notebooks and learning aids.

6. Refusing to admit, or putting pressure to obstruct the admission of, children with disabilities who have learning ability, HIV-infected children, children suspected of or at risk of HIV infection or with HIV-infected parents, to educational institutions as required by law

Article 11. Applying measures that offend or debase the honor or dignity of, or applying corporal punishments to. juvenile delinquents

1. Humiliating or scolding juvenile delinquents, forcing them to do jobs which offend or debase their honor or dignity.

2. Torturing or inflicting corporal pains to juvenile delinquents, detaining them in miserable conditions or applying measures hurting them spiritually.

Article 12. Setting up establishments for the production or storage of pesticides, toxic chemicals, flammables or explosives near children-nurturing establishments or educational, medical, cultural, recreation or entertainment establishments for children

1. Locating establishments for the production or storage of pesticides, toxic chemicals, flammables or explosives within areas that affect the health and development of children or at the risk of endangering the life of children at children-nurturing establishments or educational, medical, cultural, recreation or entertainment establishments for children, or vice versa.

2. Locating production and business establishments that discharge hazardous wastes or cause noises in excess of allowable limits within areas that affect the health, development and safety of children and activities of children- nurturing establishments or educational, medical, cultural, recreation or entertainment establishments for children, or vice versa.

Article 13. Using physical foundations reserved for children's learning, recreation and entertainment for other purposes affecting children's interests

1. Using for improper purposes and damaging physical foundations reserved for children's learning, recreation and entertainment.

2. Encroaching land, works, houses, areas and space and misusing the time for children's learning, recreation and entertainment.

3. Failing to implement, incorrectly implementing or distorting approved master plans on physical foundations reserved for children's learning, recreation and entertainment.

Chapter III

RESPONSIBILITIES FOR ENSURING CHILDREN'S FUNDAMENTAL RIGHTS

Article 14. Birth registration for children

1. Parents or guardians have the responsibility to register the birth of their children in time as prescribed. Birth registration for children shall be made in accordance with the law on civil status registration.

2. People's Committees at all levels shall direct justice agencies to coordinate with labor, war invalids and social affairs agencies of the same level to urge parents, guardians and persons or organizations nurturing children to register the birth of their children in accordance with law; organize the implementation of measures for child birth registration according to regulations in difficult-to-access areas where inhabitants still follow backward customs and practices.

Article 15. Identification of parents for children

1. For children whose parents are unidentifiable yet, if there is a request to identify their patents through or by their guardians, even in case their parents have died, courts shall identify their parents in accordance with law. Identification of parents for children must be considered in the best interests of children.

2. Parents or guardians of children: labor, war invalids and social affairs agencies and women's unions at all levels and other agencies, organizations and individuals defined by the civil procedures law have the right to request courts to identify parents for children.

3. Labor, war invalids and social affairs agencies and women's unions at all levels shall, when receiving requests for identification of parents for children, examine, verify and consider the children's interests, then request courts to identify parents for such children.

Article 16. Assurance of the interests of children separated from their parents

1. If their parents are held in custody or detention or have to serve imprisonment sentences, children must be separated from their parents and receive surrogate care. For mothers with children under 36 months old who have to serve imprisonment sentences, they will be given appropriate time to take care of and nurture their children. Provincial-level Labor, War Invalids and Social Affairs Departments of the localities in which detention camps or prisons are located shall designate social relief or child support establishments to receive and nurture children of 36 months or older of detainees or inmates in such detention camps or prisons if such children have no relatives to take care of or nurture.

2. If parents have their parental rights toward minor children restricted under court decisions, during the time of executing court decisions, their children shall be given help and protection. In case the courts decide to disallow parents to take care of, nurture and educate their children, such children must be separated from their parents and receive surrogate care.

3. The People's Committees at all levels shall organize the surrogate care, education and nurturing of children who have to be separated from their parents in the following forms: handing them to their relatives, surrogate families or local social relief establishments or child support establishments for surrogate care.

4. The labor, war invalids and social affairs agencies at all levels shall verify the living conditions and circumstances as well as economic capabilities of children's relatives, surrogate families or social relief establishments or child support establishments in order to propose the care and nurturing of children who have to be separated from their parents, and regularly inspect the living conditions of children who are separated from their parents and handed to surrogate caretakers. The sending of children who have to be separated from their parents to live in social relief establishments or child support establishments must be regarded as the last resort when their relatives or surrogate families cannot be found.

5. When children stay in social relief establishments, child support establishments, reformatories or detoxification establishments, their parents have the responsibility to regularly visit, encourage and support (hem: social relief establishments, child support establishments. reformatories and detoxification establishments shall create conditions for children to keep in touch with their families and have access to child protection, care and education services.

Article 17. Protection of children in case their parents violate children's rights provided in Chapter II of this Decree

1. Courts shall decide to restrict the parental rights to minor children when the parents violate their children's rights and harm the normal development of their children, depending on the nature and seriousness of such violations.

2. Responsibilities for assuring the safety and normal development of children in case their parents have their parental rights to minor children restricted:

a/ The labor, war invalids and social affairs agencies and women's unions at all levels may, pursuant to the civil procedure law, request courts or propose procuracies to request courts to restrict the parental rights to minor children. Other organizations and individuals may, pursuant to the civil procedure law, propose procuracies to consider and request courts to restrict the parental rights to minor children.

b/ In case of emergency to protect the lives, bodies, dignity, honor and lawful interests of children pending decisions of courts, the labor, war invalids and social affairs agencies or women's unions at all levels and other agencies, organizations and individuals may, pursuant to the civil procedure law, request competent courts to issue decisions to temporarily hand over such children to their relatives for nurturing, care and education. In case such children have no relatives, they shall be handed to surrogate families or child support establishments or social relief establishments.

c/ After courts issue decisions to restrict the parental rights to minor children or in case of emergency, surrogate care for, education and nurturing of such children shall be organized under Clauses 3 and 4, Article 16 of this Decree.

Article 18. Responsibility for protecting the lives, bodies, dignity and honor of children

1. When detecting risks and acts of maltreating or infringing upon the lives, bodies, dignity and honor of children, agencies, organizations and individuals shall report them to the labor, war invalids and social affairs agencies or People's Committees at any level or commune-level civil servants specializing in labor, war invalids and social affairs.

2. The labor, war invalids and social affairs agencies or People's Committees at any level or commune-level civil servants specializing in labor, war invalids and social affairs shall receive and verify reported information mentioned in Clause 1 of this Article; and coordinate with related agencies, organizations and individuals in taking measures to promptly prevent and handle risks and acts of maltreating or infringing upon the lives, bodies, dignity and honor of children.

3. The labor, war invalids and social affairs agencies at all levels shall assume the prime responsibility for, and coordinate with related same-level agencies in, directing and guiding the provision of public information on and education in skills of child protection and prevention of child maltreatment, abuse. violence and punishment for parents, guardians and commune-level civil servants specializing in labor, war invalids and social affairs, teachers at educational institutions and children.

4. Parents, guardians, children-nurturing establishments, educational, health, cultural, physical training and sports establishments and production, business and service establishments shall implement measures to prevent injuries for children.

5. The Ministry of Labor, War Invalids and Social Affairs shall assume the prime responsibility for, and coordinate with related agencies in, organizing public information activities and guiding the prevention of injuries for children; and develop and announce safety standards to prevent injuries for children in their homes and public places.

Article 19. Responsibility for assuring children's right to access information suitable to their development

1. Parents, guardians, mass media agencies, children-nurturing establishments, educational and cultural establishments, social organizations and service establishments engaged in child protection, care and education shall create every condition for children to access information sources suitable to their age, gender and development.

2. Children-nurturing establishments, educational and cultural establishments, social organizations and service establishments engaged in child protection, care and education shall make public information on their organiza­tion and activities through appropriate forms.

3. Information accessible and supplied to children must be in the interests of children, neither harming nor affecting their development.

Article 20. Responsibility for assuring children's right to express their opinions and aspirations on issues of their concern

1. Parents, guardians, mass media agencies, children-nurturing establishments, educational and cultural establishments, social organizations and service establishments engaged in child protection, care and education shall create every condition for children to express their opinions and aspirations on issues of their concern.

2. Agencies making laws and policies on or related to children shall study and consult opinions of children. Children's forums arc for children's representatives to voice children's opinions and aspirations or for agencies and organizations to consult children on matters related to children.

3. Opinions and aspirations of children sent to related agencies, organizations and establishments shall be responded to, explained and satisfied within the scope of responsibilities and powers of these agencies, organizations and establishments.

4. Activities of expressing children's opinions and aspirations must be in the interests of children and suitable to their development.

5. It is prohibited to abuse activities of expressing children's opinions and aspirations for the purposes of putting pressure, initiating lawsuits, organizing demonstrations or doing business in contravention of law.

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

1. Parents, guardians, mass media agencies, children-nurturing establishments, educational and cultural establishments, social organizations and service establishments engaged in child protection, care and education shall create conditions for children to participate in social activities suitable to their abilities, age and gender.

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

3. It is prohibited to abuse the participation in social activities of children and social activities involving children for the purposes of putting pressure, initiating lawsuits, organizing demonstrations or doing business in contravention of law, abusing and harming children.

Article 22. Guidance on and examination of activities involving children

The Ministry of Labor, War Invalids and Social Affairs and People's Committees at all levels shall direct related agencies in guiding and examining children's activities of accessing information, expressing opinions and participating in social activities and other activities involving children; stopping or proposing competent authorities to stop activities involving children which are not in the interests of children, abusing or harming them; handling or proposing competent authorities to handle under law acts that hinder children from accessing information, expressing their opinions and aspirations on related matters and participating in social activities.

Chapter IV

PROTECTION, CARE FOR AND EDUCATION OF DISADVANTAGED CHILDREN

Article 23. Protection, care for and education of disadvantaged children at grassroots level

Commune-level People's Committees shall organize the protection, care for and education of disadvantaged children in their localities, including:

1. Compiling dossiers to monitor developments of every disadvantaged child and making plans to support, rehabilitate and integrate them into their communities.

2. Mobilizing agencies, organizations, families and individuals to voluntarily support the care for and education of disadvantaged children, to adopt, sponsor or act as surrogate families of those who have nobody to rely on no nurturing sources. For those who are neither cared for nor nurtured at their families or surrogate families, compiling dossiers for sending them to child support establishments or social relief establishments.

3. Providing public information on, educating in measures and guiding skills for parents, guardians, family members and caretakers and nurturers of disadvantaged children to solve or and mitigate disadvantageous circumstances of these children, restore their health and spirit, educate them morally and reintegrate them, which are suitable to the disadvantageous circumstance of each child.

4. Organizing the implementation of policies on the protection, care for and education of disadvantaged children, contacting child protection, care and education services; coordinating with competent agencies, organizations and persons in preventing risks of violating children's rights; detecting, verifying and handling acts of letting children fall into disadvantageous circumstances; and supporting and rehabilitating disadvantaged children in accordance with law.

Article 24. Management of and assistance for disadvantaged children

The People's Committees at all levels shall perform the task of managing and assisting disadvantaged children, including:

1. Organizing and managing the collection, processing and analysis of information and data on disadvantaged children by group, extent of disadvantageous circumstance and form of support; making reports on the situation of disadvantaged children.

2. Planning and guiding coordination in the protection, care for and education of disadvantaged children, ensuring that every disadvantaged child receive support, have opportunity to recover physically and spiritually, be educated morally and integrate into their families and community.

3. Developing and implementing policies and regimes in support of disadvantaged children.

4. Taking measures to promptly prevent, stop and handle acts of violating children's rights; limiting and mitigating disadvantageous circumstances of children: restoring their health and spirit and educating them morally.

5. Examining and inspecting the implementation of regimes, policies, measures, criteria, professional and technical processes and other regulations applicable to the protection, care for and education of disadvantaged children.

Article 25- Management of and support for juvenile delinquents who have completely served their reformation terms or penalties

1. Commune-level People's Committees, related agencies and social organizations in localities in which live juvenile delinquents who have completely served their reformation terms or penalties shall take concrete measures to manage and support them to make progress and reintegrate into their families and society.

2. Juvenile delinquents who have completely served their reformation terms or penalties but have nobody to rely on shall be sent to disadvantaged children support establishments.

3. The People's Committees at all levels shall assume the prime responsibility for, and coordinate with related agencies, social organizations and individuals in, mobilizing people who are experienced, have proper education methods and understand children's psychology to voluntarily educate, sponsor and take care of or organize and manage child support establishments for juvenile delinquents who have completely served their reformation terms or penalties.

4. The People's Committees at all levels shall assume the prime responsibility for, and coordinate with related agencies in. mobilizing agencies, organizations, enterprises and individuals to support funding for children and child support establishments to admit or create conditions for children to study, learn jobs or have appropriate jobs. Provincial-level People's Committees shall adopt policies to encourage agencies, organizations, enterprises and individuals to admit children for study or work or support funding for children and child support establishments.

5. With regard to juvenile delinquents who have completely served their reformation terms or penalties and who. though still having someone to rely on, cannot immediately reintegrate into their families, they shall be sent to child support establishments and their parents shall contribute part of funding for their nurturing and education as agreed with child support establishments, and contribute part of funding as requested by and agreed with agencies, organizations or enterprises admitting their children for study or learning jobs.

Article 26. Child support establishments

1. Child support establishments with particular activities:

a/ Particular activities include care for and education of children according to specialized contents: care for and education of children with disabilities who are unable to participate in integration education; education of juvenile delinquents; detoxification for narcotic-addicted children; nurturing and education of children eligible for social relief.

b/ The organization and operation of child support establishments with particular activities comply with the Law on Child Protection, Care and Education and relevant laws.

c/ The Ministry of Labor. War Invalids and Social Affairs, the Ministry of Education and Training, the Ministry of Health and the Ministry of Public Security shall, within the ambit of their assigned functions, tasks and powers, manage, and guide the licensing and building of, and notification of technical regulations and technical and professional knowledge for. child support establishments under their respective management.

2. Child support establishments operating in specific sectors:

a/ Specific sectors include medical examination and treatment, functional rehabilitation, general education, vocational training, job generation, culture and sports.

b/ The organization and operation of child support establishments operating in specific sectors comply with the Law on Child Protection. Care and Education and laws applicable to relevant sectors.

c/ The ministries and ministerial-level agencies managing specific sectors shall manage, and guide the licensing and building of, and notification of technical regulations and technical and professional knowledge for, child support establishments under their respective management.

3. Child support establishments with mixed activities:

a/ Mixed activities include professional activities related to different sectors; support, surrogate care for and education for different groups of disadvantaged children: knowledge and skill consultancy for children and parents, guardians and child caretakers and educators; support for medical treatment: psychological therapy: integration education, vocational training, job generation, organization of social activities.

b/ The organization and operation of child support establishments with mixed activities comply with the Law on Child Protection, Care and Education and laws concerning relevant child support activities.

c/ The Ministry of Labor, War Invalids and Social Affairs shall assume the prime responsibility for, and coordinate with related agencies in, managing, and guiding the licensing and building of, and notification of technical regulations and technical and professional knowledge for, child support establishments with mixed activities, ensuring that all child support establishments be managed and operate in accordance with law.

Article 27. State management of child support establishments

1. The People's Committees at all levels shall assume the prime responsibility for, and coordinate with related agencies in, performing the state management of child support establishments in their localities according to the following provisions:

a/ Elaborating, and directing the implemen­tation of. master plans to ensure suitable types of child support establishments for target groups of children in their localities, creating conditions for all disadvantaged children to have opportunity to restore their health and spirit and receive moral education, and disadvantaged children who have nobody to rely on to be cared for and nurtured in surrogate families or child support establishments.

b/ Examining and inspecting the organization and operation of all child support establishments in their localities, ensuring that they lawfully operate for proper purposes.

2. The ministries and ministerial-level agencies shall, within the ambit of their assigned functions, tasks and powers, perform the state management of child support establish-ments under their respective management according to the following provisions:

a/ Elaborating, and directing the implementation of, master plans and plans on development of child support establishments which operate for the purpose of protecting, and ensuring the exercise of. children's rights.

b/ Elaborating and submitting to competent agencies for promulgation, or promulgating according to their competence regimes, policies, technical regulations and professional guidance for activities in support of disadvantaged children and their protectors, caretakers and educators.

c/ Providing information, professional guidance and personnel training for child support establishments.

d/ Deciding on the establishment, licensing, dissolution and termination of the operation of child support establishments.

e/ Examining, inspecting and settling complaints and denunciations, and handling violations under law related to the organization and operation of child support establishments: conducting preliminary and final reviews of the organization and operation of child support establishments.

Article 28. Child support funds

1. Child support funds arc set up for mobilizing voluntary contributions of domestic and foreign agencies, organizations and individuals, international aid and state budget supports for the cause of child protection, care and education.

2. Child support funds set up at a certain level shall be managed and used by the labor, war invalids and social affairs agencies of such level for child protection, care and education but not for other purposes.

3. Child support funds shall operate not for profits: respect the purposes of contributions; publicize their revenues and expenditures; exploit, receive, develop and use their funding sources according to approved plans of action and requirements of donors: it is prohibited to use these funds for illegal activities.

4. Child support funds shall be used to provide support for orphaned children having nobody to rely on, abandoned children, handicapped and disabled children; children who are toxic chemical victims; HIV/AIDS-infected children; children doing heavy or dangerous jobs or jobs in exposure to hazardous substances: children working far from their families; street children: sexually abused children; narcotic-addicted children; juvenile delinquents; children suffering dangerous diseases in need of high treatment costs, children in mountainous, deep-lying, remote, revolutionary base and natural disaster-stricken or epidemic-hit areas; children of poor families; and for their management work.

Chapter V

RESPONSIBILITIES OF AGENCIES AND ORGANIZATIONS

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

1. To perform the state management of child protection, care and education according to the assigned state management contents.

2. To submit to the Government and the Prime Minister for promulgation child protec­tion and care strategies, programs, plans and measures; to assume the prime responsibility for, and coordinate with the ministries, ministerial-level agencies, socio-political organizations and social organizations at the central level in, organizing the implementation of child protection and care strategies, programs, plans, measures and models.

3. To submit to competent state agencies for promulgation or promulgate according to its competence legal documents on child protection and care, and organize the implementation thereof.

4. To propagate, disseminate and educate about the laws and policies on child protection and care.

5. To organize the collection, processing and notification of information and data on child protection and care and the exercise of children's rights nationwide in accordance with law: to Organize scientific research and application of scientific advances and technology transfer in the field of child protection and care and exercise of children's rights: to enter into international cooperation on child protection and care and exercise of children's rights within the scope of its state management as provided by law.

6. To develop and notify professional regulations and standards and norms for child protection and care activities under its management: and for activities of child support establishments and social relief establishments nurturing and caring for children under its management.

7. To assume the prime responsibility for, and coordinate with the Ministry of Education and Training in, developing training programs for vocational training schools related to children: and to guide provincial-level People's Committees in planning and building networks of these schools.

8. To assume the prime responsibility for, and coordinate with related agencies and organizations in, directing, guiding and implementing the prevention of children from falling into disadvantageous circumstances and supporting disadvantaged children to rehabilitate and integrate into their families and society.

9. To assume the prime responsibility for, and coordinate with the Ministry of Education and Training, the Ministry of Culture, Sports and Tourism and the Ministry of Information and Communications in. directing and guiding the education of children about their obligations, prohibited acts and living skills.

10. To assume the prime responsibility for, and coordinate with the Ministry of Finance and other related agencies in, examining and inspecting the management and use of child support funds.

11. To coordinate with the Ministry of Public Security in developing career orientation education programs and guiding vocational training in reformatories.

12. To assume the prime responsibility for, and coordinate with related agencies in. examining and inspecting the implementation of the laws and policies on child protection and care; and to settle complaints and denunciations and handle violations of the law on child protection and care according to their competence.

Article 30. Responsibilities of the Ministry of Planning and Investment

1. To assume the prime responsibility for, and coordinate with the Ministry of Labor. War Invalids and Social Affairs in. guiding and examining the materialization of planned targets of child protection, care and education.

2. To assume the prime responsibility for, and coordinate with related ministries and sectors in. mobilizing international aid and loans for child protection, care and education.

3. To announce national statistical indexes regarding child protection, care and education in accordance with law.

Article 31. Responsibilities of the Ministry of Finance

1. To arrange funds for the implementation of child protection, care and education policies, programs, projects and activities according to the decentralization under the Law on the State Budget.

2. To assume the prime responsibility for, and coordinate with the Ministry of Labor, War Invalids and Social Affairs in, guiding the management and use of child support funds.

Article 32. Responsibilities of the Ministry of Health

1. To guide the strengthening and quality improvement of the network of medical examination and treatment for children; to provide professional and technical guidance on medical prevention, examination and treatment for children; to step by step provide regular medical check-ups for and compile books to monitor the health of children; to pay special attention to malnourished children, children with disabilities, children who arc toxic chemical victims, HIV-infected children, sexually abused children, narcotic-addicted children and injured children.

2. To ensure supply of sufficient quality medicines for medical prevention and treatment of children, conditions and quality of medical prevention and examination, disease diagnosis, detection, treatment, first aid and emergency transportation, physical foundations, medical equipment and facilities as well as quantity and quality of pediatricians.

3. To assume the prime responsibility for, and coordinate with the Ministry of Labor, War Invalids and Social Affairs and the Ministry of Education and Training in, guiding and organizing medical prevention, examination and treatment for children; to ensure that under-6 children have medical examination and treatment under the law on health insurance; to provide regular medical check-ups for people working in regular contact with children; to guide parents and guardians in preventing diseases for children.

4. To announce national statistical indexes regarding child health and medical care in accordance with law.

Article 33. Responsibilities of the Ministry of Education and Training

1. To guide provincial-level People's Committees in planning and building the networks of preschools and general education schools in the national educational system.

2. To elaborate and promulgate regulations on organization and operation of preschools and general education schools to ensure necessary conditions for the nurturing and education of children.

3. To assume the prime responsibility for, and coordinate with the Ministry of Labor. War Invalids and Social Affairs in. working out programs on propagation, education and popularization of knowledge about child protection, care and education for pupils, teachers and administrators of educational institutions, to develop career orientation programs; to formulate policies on school fee exemption and reduction and appropriate measures for disadvantaged children to follow integration learning: to provide education programs for educational institutions exclusively for children with disabilities.

4. To assume the prime responsibility for, and coordinate with related ministries and sectors in, determining education programs for gifted children's schools and classes.

5. To assume the prime responsibility for, and coordinate with the Ministry of Health in, formulating and implementing the school health program; to guide the implementation of regulations on healthcare activities in preschools and general education schools.

6. To assume the prime responsibility for, and coordinate with the Ministry of Justice in, formulating and implementing the law education program in preschools and general education schools.

7. To assume the prime responsibility for, and coordinate with the Ministry of Labor, War Invalids and Social Affairs and the Ministry of Science and Technology in. managing children's toys in education and training under its management as provided by law. To assume the prime responsibility for, and coordinate with related ministries, sectors and agencies as well as provincial-level People's Committees in, examining educational institutions in the equipment, management and use of children's toys in education and training in accordance with law.

8. To assume the prime responsibility for, and coordinate with the Ministry of Labor. War Invalids and Social Affairs, the Ministry of Culture. Sports and Tourism and the Ministry of Information and Communications in. directing and guiding the education of children about their obligations and prohibited acts, the conservation and promotion of national cultural identity, familial culture and living skills at educational institutions.

9. To announce national statistical indexes regarding child-related education and training in accordance with law.

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

1. To assume the prime responsibility for, and coordinate with the Ministry of Labor, War Invalids and Social Affairs, the Ho Chi Minh Communist Youth Union and related agencies and organizations in. elaborating and directing the implementation of master plans and plans to prioritize and encourage investment to meet children's demands for culture, literature, arts, physical training, sports, physical strengthening, recreation, entertainment and tourism suitable to children's development and the situation of socio-economic development.

2. To manage and organize the creation of literature and arts and development of artistic, theatrical, musical and performance programs and items for children and about children; to set percentages of products for children of total works, cultural products, programs and items annually created or performed; and to manage and guide the use of physical training and sports instruments for children.

3. To direct and guide the use of libraries, clubs, cultural houses, theaters, cinemas, recreation and entertainment facilities for children, and physical training and sports establishments for children; in localities which lack conditions for building separate facilities for children, to provide that at least 20% of the use time of common-use facilities must be reserved to meet children's appropriate demands or such facilities must have areas with appropriate equipment for children. To earmark a portion of funds for mass sports movements for children's mass sports activities. To adopt policies to prioritize children's visits to scenic places, tours and use of physical training and sports establishments.

4. To define cultural products and artistic, theatrical, musical and performance programs and items which are not appropriate for children or only appropriate for a certain age group of children.

5. To direct and guide the organization of cultural, recreation, entertainment, physical training, sports and tourist activities for children suitable to their ages as well as their physical, intellectual and spiritual development.

6. To assume the prime responsibility for, and coordinate with the Ministry of Labor, War Invalids and Social Affairs, the Ministry of Education and Training and the Ministry of Information and Communications in, directing and guiding the education of children about the conservation and promotion of national cultural identity and family culture.

7. To announce national statistical indexes regarding family, culture, physical training, sports and tourism related to children in accordance with law.

8. To examine, inspect and handle illegal acts in the field of culture, family, physical training, sports and tourism for or related to children under its competence to ensure requirements of education, psychology and physiology of and safety for children.

Article 35. Responsibilities of the Ministry of Information and Communications

1. To assume the prime responsibility for, and coordinate with the Ministry of Labor, War Invalids and Social Affairs, the Ho Chi Minh Youth Communist Union, Vietnam Journalists Association and related ministries, sectors and mass organizations in, formulating, and directing the implementation of, master plans and plans on development of press, publication and information activities for children within its competence, meeting children's needs for information, education and entertainment and expression of opinions suitable to their development.

2. To formulate, promulgate and examine the implementation of, national technical regulations on press. publication, telecommunications, internet, radio and television for or related to children within its competence to ensure the interests of children and not to abuse and harm children.

3. To examine, inspect and handle acts in violation of the law on information and communications for or related to children within its competence.

Article 36. Responsibilities of the Ministry of Public Security

1. To assume the prime responsibility for, and coordinate with the Ministry of Labor, War Invalids and Social Affairs, the Ho Chi Minh Communist Youth Union, the Vietnam Women's Union and law enforcement agencies as well as related agencies and organizations in, working out plans to guide and organize the application of measures to prevent and stop acts of harming children and children's illegal acts.

2. To assume the prime responsibility for, and coordinate with related agencies in. managing and educating juvenile delinquents at reformatories, detention camps or prisons; to ensure necessary physical and spiritual conditions for children at reformatories, detention camps and prisons; to coordinate with the People's Courts and People's Procuracies in severely handling under law acts of violating children's rights and interests.

3. To direct the state management of residence to create conditions for children to exercise children's rights in their places of residence.

4. To coordinate with the Ministry of Education and Training and the Ministry of Labor, War Invalids and Social Affairs in providing education programs for reformatories.

Article 37. Responsibilities of the Ministry of Justice

1. To direct and organize civil status and nationality registration for children, and ensure children's birth registration in accordance with law.

2. To direct and organize legal assistance for disadvantaged children in accordance with the legal aid law.

3. To assume the prime responsibility for, and coordinate with the Ministry of Labor. War Invalids and Social Affairs, the Ministry of Foreign Affairs and the Ministry of Public Security in. performing the state management of child adoption.

4. To act as the focal point in organizing and performing the dissemination of and education about the law on child protection, care and education.

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

1. To assume the prime responsibility for, and coordinate with the Ministry of Labor. War Invalids and Social Affairs and related ministries and sectors in, guiding ministries, sectors and local People's Committees in elaborating master plans and plans on land use and identifying needs for land areas to build education, healthcare, cultural and service establishments and recreation, entertainment and physical training and sports facilities for children in accordance with the land law,

2. To coordinate with related ministries and ministerial-level agencies in formulating and promulgating national technical regulations on environment applicable to educational, healthcare, cultural and service establishments and recreation, entertainment and physical training and sports facilities for children in accordance with law.

Article 39. Responsibilities of the Ministry of Construction

To formulate and promulgate, and examine the observance of, national technical regulations on the planning and construction of educational, healthcare, cultural and service establishments and recreation, entertainment, physical training and sports facilities for children, and national technical regulations on safety of construction works for children, and public works suitable for children.

Article 40. Responsibilities of the Ministry of Transport

To formulate and promulgate, and examin the implementation of. priority policies for children using public means of transport; and national technical regulations on means and works of transport suitable for children.

Article 41. Responsibilities of other ministries and sectors

Other ministries and sectors shall, within the ambit of their respective functions and tasks, coordinate with the Ministry of Labor. War Invalids and Social Affairs in performing the work of child protection, care and education.

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

1. To perform the state management of child protection, care and education in their localities.

2. To achieve the objectives of child protection, care and education in their localities; to organize coordination among related local agencies and organizations in the work of child protection, care and education.

3. To promulgate policies and regimes suitable to local characteristics so as to perform the work of child protection, care and education.

4. To implement measures suitable to local socio-economic conditions to perform the work of child protection, care and education. To arrange sufficient civil servants and public employees for the work of child protection and care in their localities; to coordinate with socio­political organizations and social organizations in studying and building grassroots networks of collaborators and volunteers in child protection and care. To arrange, manage and use of funds for the achievement of the objectives for children and their rights in their localities.

5. To mobilize resources for the work of child protection, care and education in their localities.

6. To examine, inspect, evaluate and periodically review the work of child protection, care and education in their localities.

Chapter VI

IMPLEMENTATION PROVISIONS

Article 43. Effect

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

2. This Decree replaces the Government's Decree No. 36/2005/ND-CP of March 17, 2005, detailing a number of articles of the Law on Child Protection, Care and Education.

Article 44. Implementation responsibilities

1. Ministers and heads of ministerial-level agencies shall, within the ambit of their respective functions, tasks and powers, guide the implementation of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of provincial-level People's Committees shall implement this Decree.

 

 

ON BEHALF OF THE GOVERNMENT
PRIME MINISTER




Nguyen Tan Dung

 

Đã xem:

Đánh giá:  
 

Thuộc tính Văn bản pháp luật 71/2011/ND-CP

Loại văn bảnNghị định
Số hiệu71/2011/ND-CP
Cơ quan ban hành
Người ký
Ngày ban hành22/08/2011
Ngày hiệu lực10/10/2011
Ngày công báo...
Số công báo
Lĩnh vựcVăn hóa - Xã hội
Tình trạng hiệu lựcHết hiệu lực 01/07/2017
Cập nhật4 năm trước
Yêu cầu cập nhật văn bản này

Download Văn bản pháp luật 71/2011/ND-CP

Lược đồ Decree No. 71/2011/ND-CP detailing and guiding a number of articles of the law


Văn bản bị sửa đổi, bổ sung

    Văn bản sửa đổi, bổ sung

      Văn bản bị đính chính

        Văn bản đính chính

          Văn bản bị thay thế

            Văn bản hiện thời

            Decree No. 71/2011/ND-CP detailing and guiding a number of articles of the law
            Loại văn bảnNghị định
            Số hiệu71/2011/ND-CP
            Cơ quan ban hànhChính phủ
            Người kýNguyễn Tấn Dũng
            Ngày ban hành22/08/2011
            Ngày hiệu lực10/10/2011
            Ngày công báo...
            Số công báo
            Lĩnh vựcVăn hóa - Xã hội
            Tình trạng hiệu lựcHết hiệu lực 01/07/2017
            Cập nhật4 năm trước

            Văn bản được dẫn chiếu

              Văn bản hướng dẫn

                Văn bản được hợp nhất

                  Văn bản hợp nhất

                    Văn bản gốc Decree No. 71/2011/ND-CP detailing and guiding a number of articles of the law

                    Lịch sử hiệu lực Decree No. 71/2011/ND-CP detailing and guiding a number of articles of the law