Chương II Nghị định 56/2017/NĐ-CP : Các nhóm trẻ em có hoàn cảnh đặc biệt và chính sách hỗ trợ

Chapter II

GROUPS OF DISADVANTAGED CHILDREN AND ASSISTANCE POLICIES

Section 1. GROUPS OF DISADVANTAGED CHILDREN

Article 3. Orphans

1. Orphans who have no caregiver.

2. Orphans who are nurtured by child protection service providers or social relief establishments.

3. Orphans who live with their relatives.

4. Orphans who receive alternative care from individuals or families other than their relatives, unless they are adopted.

Article 4. Abandoned children

1. Abandoned children who have no alternative care.

2. Abandoned children who have alternative care.

Article 5. Children who have no one to rely on

1. Children who have one parent die and the other declared as missing as prescribed by law.

2. Children who have one parent die and the other taken care of by a social relief establishment or no longer capable of caring for and nurturing his/her children.

3. Children who have one parent die and the other currently serving an imprisonment sentence or confined to a compulsory educational institution or compulsory rehabilitation establishment.

4. Children who have both parents declared as missing as prescribed by law.

5. Children who have one parent declared as missing as prescribed by law and the other taken care of at a social relief establishment.

6. Children who have one parent declared as missing as prescribed by law and the other serving an imprisonment sentence or confined to a compulsory educational institution or compulsory rehabilitation establishment.

7. Children who have both parents no longer capable of taking care of them.

8. Children who have both parents taken care of by a social relief establishment.

9. Children who have both parents serving an imprisonment sentence or confined to a compulsory educational institution or compulsory rehabilitation establishment.

10. Children who have one parent taken care of by a social relief establishment and the other serving an imprisonment sentence or confined to a compulsory educational institution or compulsory rehabilitation establishment.

11. Children who have both parents in child age.

12. Children who have both parents restricted from exercising the parents’ rights or who are temporarily separated from their parents as prescribed by law.

Article 6. Children with disabilities

1. Children with extremely serious disabilities.

2. Children with serious disabilities.

3. Children with mild disabilities.

Article 7. HIV/AIDS-infected children

HIV/AIDS-infected children as prescribed by law.

Article 8. Juvenile delinquents

1. Juvenile delinquents who are serving the administrative measure of education at a commune, ward or township or of confinement to a reformatory; or who are placed under family-based management in replacement of an administrative sanction.

2. Juvenile delinquents whose stable places of residence are not yet identifiable and who are serving the administrative measure of education at a commune, ward or township or of confinement to a child protection service provider or social relief establishment.

3. Juvenile delinquents who are serving the judicial measure of education at a commune, ward or township or of confinement to a reformatory; or who are serving non-custody reform, a term imprisonment, or a suspended term imprisonment.

4. Children who have completely served a term imprisonment or completely served the measure of confinement to a reformatory.

Article 9. Narcotic-addicted children

1. Narcotic-addicted children in rehabilitation establishments.

2. Narcotic-addicted children who receive family- or community-based addiction rehabilitation or treatment.

Article 10. Children who have dropped out of school for livelihood and have not yet finished lower secondary education

1. Children who have dropped out of school for livelihood and have not yet finished lower secondary education and have no caregiver.

2. Children who have dropped out of school for livelihood and have not yet finished lower secondary education and are living together with their parent(s) or caregiver.

Article 11. Children suffering serious physical and mental harms due to violence

Children who, due to violence, suffer mental or behavioral disorders or have limited ability to communicate and learn or to meet their daily-life personal needs according to the assessment of the level of harm caused to these children made by an assessment body or a health establishment or a professional at the request of a competent agency, organization or person.

Article 12. Exploited children

1. Children who are forced to work in contravention of the labor law.

2. Children who are enticed, incited, provoked, taken advantage of, dragged, seduced or forced to participate in performance activities or who are employed in producing pornographic products.

3. Children who are enticed, incited, provoked, taken advantage of, dragged, seduced or forced to participate in tourist activities and are sexually abused; or who are given, received or supplied for prostitution activities.

4. Children who are enticed, incited, provoked, taken advantage of, dragged, seduced or forced to participate in transporting, trading, manufacturing or storing habit-forming substances and other prohibited commodities as prescribed by law.

5. Children who are enticed, incited, provoked, taken advantage of, dragged, seduced or forced to participate in other self-seeking activities.

Article 13. Sexually abused children

1. Raped children.

2. Child victims of coercive sexual intercourse.

3. Child victims of sexual intercourse.

4. Child victims of sexual contact.

5. Children employed for prostitution or pornographic purposes in any form.

Article 14. Trafficked children

1. Trafficked children who are repatriated to live with their parents.

2. Trafficked children who are repatriated and receive alternative care.

Article 15. Children of poor households or households living just above the poverty line who suffer a dangerous disease or a disease requiring long-term treatment

1. Children of poor households who suffer a dangerous disease or a disease requiring long-term treatment as prescribed by competent agencies.

2. Children of households living just above the poverty line who suffer a dangerous disease or a disease requiring long-term treatment as prescribed by competent agencies.

Article 16. Migrant, displaced and refugee children whose parents have not yet been identified or who are unaccompanied

1. Vietnamese children who migrate or are displaced in the country whose parents have not yet been identified or who are unaccompanied.

2. Foreign children who migrate, are displaced or seek refuge and are unaccompanied.

3. Children whose citizenship has or parents have not yet been identified or who are unaccompanied and migrate, are displaced or seek refuge in Vietnam.

Section 2. ASSISTANCE POLICIES

Article 17. Requirements on formulation and implementation of assistance policies for disadvantaged children

1. Guaranteeing the exercise of the rights and performance of the duties of children defined in Article 5, and meeting the child protection requirements specified in Article 47, of the Law on Children.

2. The age group of disadvantaged children eligible for, and levels, time limit and methods of implementation of, assistance policies must comply with the laws on relevant issues and are suitable to socio-economic development conditions.

Article 18. Health care policies

1. The State shall pay, or support the payment of, health insurance premiums for disadvantaged children in accordance with the law on health insurance.

2. The State shall pay, or support the payment of, medical examination and treatment or medical assessment expenses for disadvantaged children in accordance with the law on medical examination and treatment.

3. Disadvantaged children are entitled to other healthcare policies as prescribed by law.

Article 19. Social relief policies

1. The State shall provide monthly allowances for individuals and families that give alternative care; and support the payment of expenses for funerals and provide other allowances and supports for disadvantaged children in accordance with the law on social relief policies.

2. The State shall support meal, accommodation and travel expenses under the law on social relief policies for abused children and disadvantaged children currently under emergency protection prescribed in Clause 1, Article 31 of this Decree.

Article 20. Education, training and vocational education support policies

Disadvantaged children are entitled to school fee exemption or reduction and support of learning expenses in accordance with the laws on education, training and vocational education.

Article 21. Policies on legal aid, counseling, psychological therapy and other child protection services

1. Disadvantaged children are entitled to legal aid in accordance with the law on legal aid.

2. Disadvantaged children are entitled to counseling, psychological therapy and other child protection services prescribed in Articles 48, 49 and 50 of the Law on Children.