Chương I Luật Bảo vệ, chăm sóc và giáo dục trẻ em 2004: Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1.- Children

Children prescribed in this Law are Vietnamese citizens aged under 16 years.

Article 2.- Scope of regulation and subjects of application

1. This Law prescribes the fundamental rights and duties of children; responsibilities of the family, State and society in child protection, care and education.

2. This Law applies to the Vietnamese State's agencies, political organizations, socio-political organizations, political-social-professional organizations, social organizations, socio-professional organizations, economic organizations, non-business units, people's armed force units, families and citizens (hereinafter referred to collectively as agencies, organizations, families and individuals); foreign organizations operating in the Vietnamese territory, foreigners residing in Vietnam. In cases where international agreements which the Socialist Republic of Vietnam has signed or acceded to contain different provisions the provisions of such international agreements shall apply.

Article 3.- Interpretation of terms

In this Law, the following terms and phrases shall be construed as follows:

1. Disadvantaged children mean children with physically or mentally abnormal conditions, who are unable to exercise their fundamental rights and integrate with the family and community.

2. Street children mean children, who leave their families and earn a living by themselves with unfixed places of livelihood and residence; children wandering with their families.

3. Surrogate families mean the families or individuals that undertake to care for and bring up disadvantaged children.

4. Child-support establishments mean organizations set up to protect, care for and educate disadvantaged children.

Article 4.- Non-discrimination against children

Children, whether female or male, in or out of wedlock, biological or adopted, born to one party or both parties to a marriage; irrespective of their nationality, belief, religion, social background and position as well as political opinions of their parents or guardians, are all protected, cared for and educated, and enjoy rights prescribed by law.

Article 5.- Responsibilities for child protection, care and education

1. The child protection, care and education rest with the families, schools, State, society and citizens. In all children-related activities of agencies, organizations, families or individuals, the interests of children must be of primary concern.

2. The State encourages and creates conditions for agencies, organizations, families and individuals at home and abroad to contribute to the cause of child protection, care and education.

Article 6.- Exercise of children's rights

1. Children's rights must be respected and exercised.

2. All acts of infringing upon children's rights, causing harms to the normal development of children shall be severely punished by law.

Article 7.- Prohibited acts

The following acts are strictly prohibited:

1. Abandoning children by their parents or guardians;

2. Seducing, enticing children to live a street life; abusing street children to seek personal benefits;

3. Seducing, deceiving, forcing children to illegally buy, sell, transport, store and/or use drugs; enticing children to gamble; selling to children or letting them use liquors, beers, cigarettes or other stimulants harmful to their health;

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

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

6. Torturing, maltreating, affronting, appropriating, kidnapping, trafficking in or fraudulently exchanging children; abusing children for personal benefits; inciting children to hate their parents or guardians or to infringe upon the life, body, dignity or honor of others;

7. Abusing child labor, employing children for heavy or dangerous jobs, jobs in exposure to noxious substances or other jobs in contravention with the provisions of the labor legislation;

8. Obstructing children's study;

9. Applying measures that offend or lower the honor or dignity of, or applying corporal punishments to, juvenile offenders;

10. Locating establishments for the production or storage of pesticides, toxic chemicals, inflammables and/or explosives near child-rearing establishments or educational, medical, cultural and recreation establishments for children.

Article 8.- State management responsibilities for child protection, care and education

1. The Government shall exercise the uniform State management over child protection, care and education.

2. The Population, Family and Child Committee shall assist the Government in exercising the uniform State management over child protection, care and education according to its functions, tasks and powers; assume the prime responsibility for, and coordinate with the ministries, the ministerial-level agencies, the agencies attached to the Government, Vietnam Fatherland Front and its member organizations in, child protection, care and education.

3. The Ministry of Education and Training, the Ministry of Health, the Ministry of Culture and Information, the Physical Training and Sports Committee, the Ministry of Labor, War Invalids and Social Affairs and the concerned ministries and branches shall exercise the function of State management over child protection, care and education under the Government's assignment

4. The People's Committees at all levels shall exercise the State management over child protection, care and education in localities under the Government's decentralization.

Article 9.- Financial sources for the work of child protection, care and education

Financial sources for the work of child protection, care and education include the State budget, international aids, supports from domestic and foreign agencies, organizations and individuals, and other lawful sources.

Article 10.- International cooperation on child protection, care and education

1. The State shall adopt policies to expand international cooperation on child protection, care and education with other countries and international organizations on the basis of equality, respect for national sovereignty and conformity with the laws of each country as well as international practices.

2. Contents of international cooperation include:

a/ Elaborating and implementing programs and projects, and conducting activities for child protection, care and education;

b/ Joining in international organizations; signing and acceding to international agreements in child protection, care and education;

c/ Researching into, applying sciences to, and transferring modern technologies in service of, the work of child protection, care and education;

d/ Training and fostering human resources; exchanging information and experiences on child protection, care and education.

3. The State encourages and creates conditions for overseas Vietnamese as well as foreign organizations and individuals to take part in the work of child protection, care and education.

4. Overseas international organizations involved in child protection, care and education may operate on the Vietnamese territory under the provisions of Vietnamese laws.