Chương VI Luật trẻ em 2016: Trách nhiệm của cơ quan, tổ chức, cơ sở giáo dục, gia đình, cá nhân trong việc thực hiện quyền và bổn phận của trẻ em

Chapter VI

DUTIES OF AGENCIES, ORGANIZATIONS, EDUCATION ESTABLISHMENTS, FAMILIES AND INDIVIDUALS TO THE EXERCISE OF CHILDREN’S RIGHTS AND RESPONSIBILITIES

Section 1. DUTIES OF AGENCIES AND ORGANIZATIONS

Article 79. Duties of the National Assembly and people’s councils at all levels

1. The National Assembly and people’s councils of provinces and districts shall, within their authority, make decisions on socio-economic development plans, objectives, targets, policies and programs for exercising the children’s rights; supervise the exercise of the children's rights as regulated by the law; allocate annual state budget for ensuring the exercises of the children’s rights.

2. The Ethnic Council, the Committees of the National Assembly shall coordinate with the National Assembly’s Committee for Culture, Education, Youth, Adolescents and Children to consider and evaluate issues involving children in bills, draft ordinances and resolutions of the National Assembly and the Standing Committee of the National Assembly, and the combination of objectives and targets of the exercise of the children’s rights and the national socio-economic development plans; supervise the implementation of policies and laws relating to children and the exercise of the children’s rights.

3. People’s councils at all levels shall, within the ambit of their tasks and powers, promulgate resolutions on the implementation of policies and laws on children and supervise the implementation thereof.

4. Deputies of the National Assembly and people’s councils at all levels shall, on a regular and periodical basis, contact children or their representatives; receive, deliver and supervise the handling of proposals relating to children submitted by agencies or organizations.

Article 80. The Government

1. Carry out the consistent state management of children; promulgate, within its authority, and organize the implementation of policies, laws and programs involving children; ensure policies and measures for cooperation between ministries, ministerial-level agencies, the government-affiliated agencies and local government in the exercise of children’s rights and the handling of issues involving children.

2. Ensure the establishment and implementation of objectives and targets involving children in the national, sector and local long-term, medium-term and annual socio-economic development plans as regulated.

3. Direct ministries, ministerial-level agencies and the government-affiliated agencies to take the prime responsibility and cooperate, within their authority, in the inspection, handling of proposals, complaints and denunciations, and taking of actions against acts in violation of the children law.

4. Facilitate the organization representing the voice of children in its performance of duties regulated in Clause 2 Article 77 of this Law, and direct and appoint ministries, ministerial-level agencies, the government-affiliated agencies and provincial people’s committees to coordinate with this organization during the performance of its duties.

5. Submit annual or unscheduled reports to the National Assembly on the results of the exercise of the children's rights and the performance of duties to children by ministries, ministerial-level agencies, the government-affiliated agencies and local government.

Article 81. People’s Courts and People’s Procuracies

1. People’s courts at all levels shall always ensure the exercise of the children’s rights and responsibilities, the consideration of children’s requests and the application of judicial measures for handling acts in violation of the children’s rights, taking actions against children violating the law and pronouncing ruling for children or other judicial decisions involving children.

2. The Supreme People’s Court shall provide guidance to people’s courts at all levels on the adjudication or the pronouncement of ruling for children or other judicial decisions involving children, all for the best interests of children.

3. People's procuracies at all levels shall always ensure the exercise of the children’s rights and responsibilities, the consideration of children’s requests and the application of judicial measures for exercising the right to prosecution and supervising judicial activities for children or those involving children.

4. The Supreme People’s Procurary shall provide guidance to the people’s procuracies on the exercise of the right to prosecution and supervision of judicial activities for children or those involving children which must ensure the best interests of children.

5. Provide training courses in children’s rights, psychology and educational science relating to children to judges, people’s jurors and procurators who institutes legal proceedings on cases involving children.

Article 82. Ministry of Labor - Invalids and Social Affairs

1. Assume responsibility before the Government for the execution of the state management of children affairs; organize the exercise of children's rights; ensure the exercise of children's rights as assigned or authorized by the Government.

2. Submit written opinions about issues involving children to the drafting board for bills, draft ordinances and resolutions of the National Assembly and the Standing Committee of the National Assembly and other legislative documents; propose the combination of objectives and targets involving children in the national, sector and local socio-economic development plans.

3. Take the prime responsibility and coordinate with ministries, ministerial-level agencies, the government-affiliated agencies, local government and the organization representing the voice of children to prepare and submit annual or unscheduled reports to the National Assembly on the exercise of children's rights and the performance of duties involving children by ministries, ministerial-level agencies, the government-affiliated agencies and local government.

4. Take the prime responsibility and coordinate with ministries, ministerial-level agencies, the government-affiliated agencies and local government to prepare the national report on the implementation of the United Nations Convention on the Rights of the Child (or UNCRC).

5. Take the prime responsibility and coordinate with ministries, ministerial-level agencies, the government-affiliated agencies and local government to establish, guide and organize the implementation of policies and laws on child protection and the children’s participation in issues involving children.

6. Take the prime responsibility and coordinate with relevant agencies and organizations to guide and organize the performance of the protection of children from accidents and injuries, and the nurture of disadvantaged children.

Article 83. Ministry of Justice

1. Take the prime responsibility and coordinate with the Supreme People’s Court, the Supreme People’s Procuracy, and relevant ministries, ministerial-level agencies and the government-affiliated agencies to protect children during the handling of administrative violations.

2. Take the prime responsibility and provide guidance on the birth registration, and respond to issues involving children’s nationality and determination of children’s parents.

3. Take the prime responsibility and coordinate with relevant ministries, ministerial-level agencies and government-affiliated agencies to execute the state management of adoption.

4. Manage and guide the performance of legal assistance for children, and their parents and caregivers as regulated by the laws.

Article 84. Ministry of Health

1. Ensure the children’s access to high-quality healthcare services in medical facilities in a fair manner as regulated by the laws.

2. Provide guidance on the preparation of age-based regular check-up records; take care of and give advice on health and nutrition to pregnant women and children; carry out the consultancy, screening, diagnosis and treatment before birth and after birth; give advice and assistance to children to take care of their reproductive health in conformity with their age.

3. Take the prime responsibility and coordinate with relevant ministries, ministerial-level agencies and government-affiliated agencies to provide healthcare services to children with disabilities or injuries due to accidents and other disadvantaged children.

4. Cooperate with Ministry of Education and Training to guide and organize the execution of school healthcare for protecting the health of children at educational establishments; cooperate with Ministry of Labour - Invalids and Social Affairs and Ministry of Education and Training to protect children from accidents and injuries.

5. Take the prime responsibility and coordinate with Ministry of Labour - Invalids and Social Affairs to provide guidance to children’s parents and caregivers on knowledge and skills in healthcare, nutrition, hygiene and prevention of diseases for pregnant women and children, especially children under 36 months of age.

Article 85. Ministry of Education and Training

1. Ensure the exercise of children’s rights and responsibilities in schools and other educational establishments; formulate educational programs in conformity with each age level of children, and ensure that such educational programs must meet requirements on the comprehensive development of children; ensure that children must complete the universalized education program and facilitate children in attending training courses at higher levels.

2. Take the prime responsibility and coordinate with relevant ministries, ministerial-level agencies and government-affiliated agencies to formulate school’s standards for establishing a safe, health and friendly educational environment and regulations on school violence prevention and intervention, and submit them to the Government for promulgating detailed regulations as stated in Clause 4 Article 44 of this Law.

3. Educate and disseminate knowledge about children’s rights and responsibilities to pupils, teachers and educational managers, and provide skills training for pupils.

4. Organize the implementation of policies and laws, and apply suitable educational support measures to disadvantaged children, ethnic minority children; practice inclusive education for children with disabilities.

5. Take the prime responsibility and coordinate with relevant ministries, ministerial-level agencies and government-affiliated agencies to guide and organize the performance of school healthcare for ensuring the child healthcare in schools and other educational establishments, the education and comprehensive development of children in the educational system; impose measures for preventing children from accidents and injuries in schools and other educational establishments.

6. Take the prime responsibility and coordinate with relevant ministries, ministerial-level agencies and government-affiliated agencies to establish policies on training and improvement in talent for children; mobilize families and the society to discover and assist children to develop their talent.

7. Provide guidance on the children's participation in schools and other educational establishments as regulated in Article 76 of this Law.

8. Take the prime responsibility and coordinate with relevant ministries, ministerial-level agencies and government-affiliated agencies to provide education and guidance to children on the preservation and promotion of the national character and culture; provide information and guidance to children’s parents and caregivers on the knowledge and skills in the child nurture and education, especially kindergarteners.

9. Manage and instruct the use of equipment and toys in schools and other educational establishments within their authority.

Article 86. Ministry of Culture, Sports and Tourism

1. Ensure play and recreational activities, cultural, arts, sports and tourist activities for children.

2. Take the prime responsibility and coordinate with the Communist Youth Union of Ho Chi Minh City’s Central Committee to guide the development of sports and cultural facilities reserved exclusively or made available for children.

3. Take the prime responsibility and coordinate with relevant ministries, ministerial-level agencies, government-affiliated agencies and the Communist Youth Union of Ho Chi Minh City’s Central Committee to manage and guide the establishment of cultural and arts programs, acts and products, and the composition of literary and arts works; organize cultural, arts, sports and tourist events for children and those involving children.

4. Take the prime responsibility and coordinate with Ministry of Education and Training, Ministry of Information and Communications, and Ministry of Labour - Invalids and Social Affairs to provide guidance to children’s families on the exercise of children’s rights and responsibilities; provide education to children in the preservation and promotion of the national character and culture, and familial traditional values; facilitate children in using their ethnic languages.

5. Take the prime responsibility and coordinate with Ministry of Labour - Invalids and Social Affairs to guide the guarantee of children’s participation in familial issues as regulated in Article 75 of this Law.

Article 87. Ministry of Information and Communications

1. Ensure that children may access to information via information and communications channels; children’s images and information about their privacy and personal secrecy on mails, communications channels and other personal information exchange and storage forms shall be protected.

2. Manage and provide guidance on giving assistance to children to retrieve, obtain and disseminate information, state their opinions and expectations on information and communications channels as regulated by the law and in conformity with their age level, maturity level, demands and capacity.

3. Manage and give guidance on regulations on press, publishing, telecommunications, Internet, radio and television broadcasting and other forms of information provision and dissemination exclusive for children, those with the children’s participation, and those involving children; protect children on the Internet environment, computer network, telecommunications network, electronic devices and other means of communications.

4. Take the prime responsibility and cooperate with relevant ministries, ministerial-level agencies and government-affiliated agencies, the Communist Youth Union of Ho Chi Minh City’s Central Committee and Vietnam Journalists Association to develop press activities, information and publications exclusive for children and those with children’s participation; carry out measures for providing and disseminating information about knowledge and skills in ensuring the exercise of children’s rights and responsibilities to children’s families; provide for proportion of contents, time, amount of time of radio and television broadcasting, and publications for children as regulated in Clause 2 Article 46 of this Law.

Article 88. Ministry of Public Security

1. Take the prime responsibility and cooperate with Ministry of Labour - Invalids and Social Affairs, the Communist Youth Union of Ho Chi Minh City’s Central Committee, Vietnam Women’s Youth Union’s Central Committee and law enforcement agencies to guide and organize the implementation of measures for preventing violence against children, child exploitation, sexual abuse and trafficking, and crime relating to children.

2. Guide and organize the application of the principle of ensuring the exercise of children’s rights, children’s requests and child protective measures in the course of proceedings and handling of administrative violations to children who committed illegal acts, are crime victims and testifiers; provide training courses in children's rights, psychology and educational science to police officers, officials of reform schools and investigators who institute legal proceedings on cases involving children.

3. Take the prime responsibility and coordinate with relevant ministries, ministerial-level agencies and government-affiliated agencies to prevent, manage and educate children violating the law.

Article 89. Ministries, ministerial-level agencies and government-affiliated agencies

1. Perform their powers and duties relating to children as regulated by prevailing laws.

2. Submit annual or unscheduled reports on the exercise of children’s rights, within the ambit of their powers and duties, to Ministry of Labour - Invalids and Social Affairs for summarizing and reporting to the Government.

Article 90. People’s committees at all levels

1. Carry out the state management of children within their authority; organize the implementation of policies, laws, plans and programs involving children; promulgate, within their authority, policies and laws on the guarantee of the exercise of children's rights in conformity with local characteristics and conditions.

2. Direct and organize the exercise of children’s rights; arrange and mobilize resources for ensuring the exercise of children’s rights and protecting children as regulated in this Law; organize and manage activities of child protective service providers within their authority; appoint individuals in charge of child protection in their authority areas; fulfill their duties as regulated in Clause 2 Article 45 of this Law.

3. Submit annual reports to people’s councils at same level on the exercise of children’s rights and handling of issues involving children in their authority areas.

4. Communal people’s committees assign specific duties to the exercise of children's rights, and appoint communal officials or non-specialized individuals to be in charge of child protection affairs.

Article 91. The Vietnamese Fatherland Front and its affiliated agencies

1. Supervise, criticize, and give advice and proposals to state authorities to establish and implement policies and laws relating to children, and allocate resources for ensuring the children’s rights as regulated by the laws.

2. Propagate and mobilize members and trade-unionists in their agencies and the whole community to support and participate in the implementation of policies, programs, plans and services for exercising children’s rights, and prevent acts infringing the children’s rights.

3. Implement policies, programs, plans and services for exercising children’s rights upon the authorization and support granted by the Government, ministries, ministerial-level agencies and government-affiliated agencies; bear the inspection as regulated by the laws.

4. Apart from duties stated in Clause 1, 2 and 3 of this Article, the Communist Youth Union of Ho Chi Minh City’s Central Committee also discharge the following duties:

a) Take the prime responsibility and coordinate with relevant agencies and organizations to perform duties of the organization representing the voice of children as regulated in Clause 2 Article 77 of this Law;

b) Submit proposals to the Government about conditions for fulfilling duties of the organization representing the voice of children and supervising the exercise of children's rights according to children's opinions and expectations;

c) Coordinate with Ministry of Labour - Invalids and Social Affairs, relevant agencies and organizations, and provincial people’s committees to guide the children’s participation in issues involving children.

5. Apart from duties stated in Clause 1, 2 and 3 of this Article, the Vietnam Women’s Youth Union’s Central Committee must coordinate with the organization representing the voice of children to supervise the guarantee of children’s rights and interests.

Article 92. Social organizations

1. Mobilize their members and the community to assist and participate in the establishment and implementation of policies, laws, programs, plans and services for exercising children’s rights, and prevent acts infringing the children’s rights.

2. Implement policies and laws, and exercise the children’s rights in conformity with their principle, objectives, duties and powers as regulated by the laws; receive and collect information from their members and the community to respond, in a timely manner, or suggest, or give advice to agencies, organizations, educational establishments and individuals on the implementation of policies and laws.

3. Organize the provision of services for exercising children’s rights upon the authorization and support granted by the Government, local governments and regulatory bodies; bear the inspection of their operation as regulated by the laws.

4. Apart from the implementation of regulations in this Article, Vietnam Association for Protection of Children's Rights shall also contact and collect information and proposals from social organizations and those of children for giving advice on the establishment and implementation of policies and laws on children’s rights; participate in the supervision of the exercise of children’s rights; give its opinions and proposals to relevant agencies on issues involving children and the violation of children law.

Article 93. Economic organizations

1. During their production and business, they must carry out processes and standards for providing safe and friendly products and services which shall not cause harm to children, and must not infringe the children’s rights as regulated and guided by competent state authorities.

2. Employers must facilitate their employees in fulfilling duties of children’s parents and caregivers as regulated by the law.

3. Employers must facilitate children in practicing as apprentices, and arrange works for children in conformity with their capacity and age, the employer’s conditions and regulations of the laws.

4. Make contribution to and mobilize resources for exercising the children’s rights in conformity with the capacity, conditions and development of economic organizations.

Article 94. Intersectoral collaboration on children

1. Prime Minister shall establish an organization conducting the intersectoral collaboration on children in order to assist the Government and Prime Minister with study, direction, cooperation, speeding up and regulation between ministries, ministerial-level agencies and government-affiliated agencies; the coordination between the Government and agencies of the National Assembly, the Supreme People’s Court, the Supreme People’s Procuracy, Vietnamese Fatherland Front and its affiliated agencies, social organizations, socio-professional organizations; the coordination between local governments during the handling of issues involving children and the exercise of children’s rights.

2. Chairpersons of people’s committees at all levels shall, depending on actual demands and conditions in their authority areas, establish organizations conducting intersectoral collaboration on children in order to assist people’s committees and chairpersons of people’s committees at same level in cooperating, expediting and regulating the handling of issues involving children, and exercising children’s rights in their authority areas.

Article 95. Children’s support funds

1. Children’s support funds are established to mobilize the voluntary contributions of domestic and foreign agencies, organizations and individuals, international aids and funding from state budget for performing children-related objectives which are prioritized by the Government.

2. Children’s support funds must mobilize, manage and use mobilized amount for legitimate purposes as regulated by the laws.

Section 2: RESPONSIBILITIES OF FAMILIES, INDIVIDUALS AND EDUCATIONAL ESTABLISHMENTS

Article 96. Guarantee of children’s right to live with their parent(s)

1. Parents, caregivers and family members must facilitate children in living with their parent(s).

2. Parents, caregivers and family members must comply with the laws and decisions made by competent agencies and individuals on limitations on parental rights; separation of children from their parent(s) for protecting children’s safety and achieving best interests for children.

Article 97. Birth registration

Parents and caregivers must carry out birth registration procedures for children on schedule as regulated by the laws.

Article 98. Education and care of children

1. Parents, caregivers and family members must take care of, nurture, manage and educate children; create optimum conditions, depending on their capacity, for the continuous and comprehensive development of children, especially children under 36 years of age; contact and ask for guidance or support from relevant agencies, organization and individuals during the performance of their duties to the education and care of children.

2. Parents and caregivers must ensure the best nutrition in conformity with children’s mental and physical development at each age level.

3. Parents and caregivers must carry out initial health care and prevention of diseases for children.

4. Pregnant women must get access to health-care services in order to seek advice on screening and prevention of children from congenital anomalies.

5. Parents, guardians, caregivers and family members must build comfortable, equal, progressive and happy family; improve knowledge and skills in nurturing, caring and educating children, and create a health environment for the comprehensive development of children.

Article 99. Guarantee of children’s rights to study, talent development, play and recreational activities, cultural, arts, sports and tourist activities

1. Parents, teachers, caregivers and family members must be examples for children; improve knowledge and skills in educating children on morals, dignity, children’s rights and responsibilities; create a healthy environment for the comprehensive development of children.

2. Parents, teachers and caregivers must guarantee the children’s rights to study, and facilitate children in completing universalized education programs as regulated by the laws and attending training course at higher level.

3. Parents, teachers and caregivers discover, encourage, improve and develop children's talent.

4. Parents, teachers and caregivers must facilitate children in participating in play and recreational activities, cultural, arts, sports and tourist activities suitable for children’s age.

Article 100. Protection of human life, body, dignity, honor and privacy of children

1. Parents, teachers, caregivers and family members shall discharge the following duties:

a) Improve knowledge and skills in educating children on morals, dignity, children’s rights and responsibilities, create a safe environment for children and prevent children from accidents and injuries; prevent children from falling into disadvantaged circumstances, being abuse or prone to child abuse;

b) Comply with decisions, measures and regulations made by competent agencies and individuals to ensure the safety and protect human life, body, dignity, honor and privacy of children;

c) Ensure the children’s exercise of children's right to keep privacy and personal secrecy, except for the cases where actions are made for protecting children and for the best interests of children.

2. Parents, teachers, caregivers and individuals practicing medical examination and treatment shall be responsible for discovering, denouncing and reporting to competent agencies and individuals of acts harming children, cases where children are abused or threatened to be abused inside and outside children’s families.

3. Parents and guardians of children must themselves or hire defense counsels to defense for children during the proceeding as regulated by the laws.

Article 101. Guarantee of children's civil rights

1. Parents, guardians and family members are responsible for protecting lawful rights and interests of children; acting as children’s representatives in civil transactions as regulated by the laws; and shall be liable for illegal civil transactions carried out by children.

2. Parents and guardians must preserve and manage property of children, and hand over such property to children as regulated by the laws.

3. Child’s parent(s) or guardian must compensate for damage caused by acts of such child to other persons as regulated by the laws.

Article 102. Management and education of children on the exercise of children’s rights and responsibilities

1. Parents, teachers, caregivers and family members must manage, educate and assist children to understand and exercise children's rights and responsibilities regulated in Chapter II of this Law.

2. Parents, teachers, caregivers and family members must get close cooperation in managing, educating and assisting children with full awareness and exercise of children's rights and responsibilities regulated in Chapter II of this Law.