Chương V Luật trẻ em 2016: Trẻ em tham gia vào các vấn đề về trẻ em

Chapter V

CHILDREN’S PARTICIPATION IN ISSUES INVOLVING CHILREN

Article 74. Scope and types of children’s participation in issues involving children

1. The participation by children or Organization representing the voice of children, depending on the age level of children, is required in the following issues involving children directly or indirectly:

a) The establishment and implementation of programs, policies and legislative documents and socio-economic development plans;

b) The establishment and implementation of decisions, programs and activities of socio-political organizations, social organizations and social-professional organizations;

c) Decisions and activities of schools, other educational establishments and child protective service providers;

d) The application of measures for nurturing, educating and protecting children by their families.

2. Children may participate in issues involving children via one of the following forms:

a) Forums, meetings, seminars, talks, contests or events;

b) Through the Organization representing the voice of children; activities of Ho Chi Minh Young Pioneer Organization and the Communist Youth Union of Ho Chi Minh City; socio-professional organizations that operate for children’s interests;

c) Activities of children’s clubs, teams and groups which are established under the laws;

d) Consultation, survey and taking of children’s opinions;

dd) Expression of children’s opinions and expectations in direct manner or via channels of the mass media, social media and other means of communications.

Article 75. Guarantee of children's participation in family issues

Parents and family members shall discharge the following duties:

1. Respect, listen, consider and respond to children’s opinions and expectations in a manner in conformity with children's age level and development, and their family’s conditions and background.

2. Facilitate and provide guidance to children on the access to sources of information in a safe manner conformable to children’s age level and comprehensive development.

3. Facilitate children in stating their opinions and expectations about family’s decisions and issues relating to children.

4. Do not obstruct the children's participation in suitable social activities, except for the cases where the obstruction is made for the children’s best interests.

Article 76. Guarantee of children's participation in schools and educational establishments

Schools and educational establishments shall discharge the following duties:

1. Organize and facilitate children in participating in activities of Ho Chi Minh Young Pioneer Organization, the Communist Youth Union of Ho Chi Minh City, children’s clubs, teams and groups in schools and other educational establishments; extra-curricular activities and social activities;

2. Provide information about policies, laws and regulations on education in connection with pupils; announce the information about educational and training plans, policies on the nurture and contributions as regulated;

3. Facilitate children in proposing and stating their opinions and expectations about teaching and learning quality; legitimate rights and interests of children in education and issues of their concern;

4. Receive opinions, proposals and expectations of children, and respond to those within their competence or submit them to competent agencies or organizations for consideration and inform children of results thereof.

Article 77. Organization representing the voice of children

1. The Communist Youth Union of Ho Chi Minh City’s Central Committee is the organization representing the voice of children and functioned to supervise the exercise of children’s rights on the basis of children’s opinions and expectations.

2. The organization representing the voice of children shall discharge the following duties:

a) Get opinions and expectations of children; facilitate children in contacting deputies of the National Assembly and People's Councils;

b) Receive and summarize children’s opinions and expectations in a regular basis;

c) Send children’s opinions and expectations to competent authorities for handling;

d) Follow the handling of children’s opinions and expectations and inform children of results thereof;

dd) Take the prime responsibility and coordinate with relevant agencies and organizations to supervise the exercises of children's rights on the basis of children's opinions and expectations;

e) Submit annual reports to the National Assembly’s Committee for Culture, Education, Youth, Adolescents and Children and the Ministry of Labour - Invalids and Social Affairs on the performance of responsibilities for handling of children’s opinions and proposals by agencies and organizations.

Article 78. Guarantee of children’s participation in issues involving children

1. Agencies, organizations, educational establishments, families and individuals shall ensure the children's participation in issues involving children regulated in Article 74 of this Law and guarantee the following requirements:

a) Create a safe, friendly and fair environment for children;

b) Provide sufficient information with suitable contents about issues involving children and issues of children’s concern in appropriate forms and methods;

c) Encourage the children's participation; do not victimize or discriminate against children while they state their opinions and expectations;

d) Ensure that the children's participation is voluntary and active in conformity with their age level, sex and development.

dd) Receive and respond to children’s opinions and expectations, and those stated by the organization representing the voice of children in a sufficient, timely, objective and honest manner.

2. People’s committees at all levels shall take the prime responsibility and coordinate with relevant agencies and organizations to organize annual talks for getting children's opinions and expectations about issues of their concern.

3. The Government shall promulgate regulations on responsibilities of agencies, organizations, educational establishments, families and individuals for the guarantee of children’s participation in issues involving children.

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