Chương V Nghị định 56/2017/NĐ-CP : chăm sóc thay thế cho trẻ em

Chapter V

ALTERNATIVE CARE FOR CHILDREN

Section 1. REGISTRATION ORDER AND PROCEDURES, LISTING, AND COORDINATION IN SELECTION, OF PERSONS AND FAMILIES TO PROVIDE ALTERNATIVE CARE

Article 38. Responsibility to seek persons and families to provide alternative care for children

1. Commune-level child protection officers shall compile dossiers of children in need of alternative care and seek persons or families to provide alternative care in accordance with Article 62 of the Law on Children.

2. Heads of social relief establishments shall compile dossiers of children nurtured at their establishments who are eligible for alternative care or adoption; and request competent agencies to seek alternative caregivers for them or settle their adoption.

3. A dossier of a child in need of an alternative caregiver must comprise:

a/ The birth certification, or birth certificate, or identity card, or citizen card or passport (if any);

b/ A health certificate issued by a health agency in accordance with law;

c/ Two 8 cm x 10 cm photos of the child in full figure, looking straight, taken within 6 months before the time of dossier compilation;

d/ The assessment report by the commune-level child protection officer on the circumstances, status, needs and aspirations of the child, made according to Form No. 10 in the Appendix to this Decree;

dd/ A written certification by the commune-level People’s Committee or public security agency of the locality where the child is abandoned;

e/ A copy of the decision temporarily separating the child from his/her parent(s) or caretaker and placing him/her in alternative care issued by the chairperson of the commune- level People’s Committee or the district-level People’s Court.

4. A dossier of a child in a social relief establishment in need of alternative care must comprise:

a/ The dossier prescribed in Clause 3 of this Article;

b/ A copy of the decision admitting the child into the social relief establishment issued by a competent agency;

c/ The assessment report on the circumstances, status, needs and aspirations of the child made by a competent person of the social relief establishment in accordance with Point d, Clause 3 of this Article.

Article 39. Registration for provision of alternative care

1. A person or the representative of a family that is willing and eligible to provide alternative care as prescribed in Clause 2, Article 63 of the Law on Children shall file an application made according to Form No. 08 in the Appendix to this Decree with the commune-level People’s Committee of his/her place of residence for making a list of registered alternative caregivers.

2. Persons and representatives of families registering to provide or receiving children for alternative care may receive counseling from child protection service providers on the laws on the rights and duties of children and child protection, and alternative care skills.

3. Foreigners and representatives of foreign families, apart from complying with Clauses 1 and 2 of this Article, must have resided in Vietnam for at least 6 months and be permitted to continue residing in Vietnam for at least 12 months from the time of registration.

4. Child adoption registration must comply with the law on child adoption.

Article 40. Listing of persons and families registering to provide alternative care

1. Commune-level People’s Committees shall receive, make and keep lists of persons and families wishing to provide alternative care according to Form No. 09 in the Appendix to this Decree; and quarterly update and send these lists to district-level labor, war invalids and social affairs agencies for coordination in the selection of alternative caregivers.

2. Conditions and procedures for alternative caregivers to receive monthly allowances must comply with the law on social relief.

Article 41. Dossier of a person or family selected to provide alternative care

1. The dossier of a person or representative of a family to provide alternative care who is not a relative of the child must comprise:

a/ An alternative care provision registration application;

b/ A health certificate issued by a health agency within 6 months before the date of dossier submission in accordance with law;

c/ Criminal record card issued by a competent agency, for a foreigner or foreign family representative.

2. For a caregiver who is a relative of the child, Clause 4, Article 65 of the Law on Children shall apply.

Article 42. Selection of forms of alternative care and alternative caregivers

1. Commune-level child protection officers shall select forms of alternative care and alternative caregivers suitable to the children; verify the conditions of alternative caregivers prescribed in Clause 2, Article 63 of the Law on Children according to Form No. 11 in the Appendix to this Decree; and provide information on alternative caregivers for children and consult children aged full 7 years or older.

2. Priority order of forms of alternative care for selection:

a/ Alternative care by relatives;

b/ Alternative care by persons or families other than relatives;

c/ Alternative care at social relief establishments.

3. Priority order of alternative caregivers for selection:

a/ Relatives;

b/ Persons or family representatives providing alternative care in children’s places of residence;

c/ Resident Vietnamese citizens;

d/ Resident foreigners in Vietnam.

4. In an emergency case requiring separation of a child from his/her parent(s) or alternative caregiver as prescribed in Article 32 of this Decree but an alternative caregiver has not been selected yet, the commune-level People’s Committee chairperson shall request a competent agency to issue a decision temporarily admitting the child into a social relief establishment and continue to select an appropriate form of alternative care for the child.

5. Commune-level child protection officers shall select, notify, and provide information on dossiers of children in need of alternative care to alternative caregivers.

6. The recommendation of children to alternative caregivers must be in the best interests of children and meet the requirements on alternative care prescribed in Article 60 of the Law on Children.

7. Commune-level People’s Committees of localities of residence of alternative caregivers shall issue decisions on handover of children to alternative caregivers according to Form No. 12 in the Appendix to this Decree; and, within 15 working days after issuing the decisions, organize the handover and receipt of children between commune-level People’s Committees and alternative caregivers.

8. In case the place where the child resides or is abused or abandoned is not the place of residence of the alternative caregiver, the commune-level People’s Committee of the locality where the child resides or is abused or abandoned shall coordinate with the commune-level People’s Committee of the locality where the alternative caregiver resides in carrying out the procedures for handing over the child and monitoring the child’s care.

Article 43. Responsibility to notify and report on development of children placed in alternative care

1. Alternative caregivers shall provide complete and truthful information on the health, physical strength, spirit and integration of children in alternative care when so requested by commune-level People’s Committees or commune-level child protection officers of their places of residence.

2. One month and 3 months after a person or family receives a child for alternative care, the commune-level child protection officer of the locality where the alternative caregiver resides shall monitor and assess the living conditions and health, physical strength, spirit and integration of the child with the person or family providing alternative care; and every 6 months or when there is a change in the form of alternative care or in the alternative caregiver, report to the commune-level People’s Committee according to Form No. 13 in the Appendix to this Decree.

3. The commune-level People’s Committee of the locality of residence of an alternative caregiver shall report to the commune-level People’s Committee of the locality where the child resides or is abused or abandoned on the status of the child when so requested.

Section 2. ORDER AND PROCEDURES FOR PROVIDING ALTERNATIVE CARE AND CHANGING FORMS OF ALTERNATIVE CARE

Article 44. Children eligible for alternative care at social relief establishments

1. Children specified in Clause 1, Article 67 of the Law on Children, and Clause 4, Article 42 of this Decree may receive alternative care at social relief establishments.

2. The commune-level People’s Committee of the locality where a child resides or is abused or abandoned shall compile a dossier of request for admission of the child into a district- or provincial-level social relief establishment for alternative care in accordance with Clause 3, Article 38 of this Decree.

3. Children in alternative care at social relief establishments are entitled to policies applicable to disadvantaged children.

Article 45. Transfer of children in alternative care at social relief establishments to persons or families providing alternative care or adoptive families

1. The head of a social relief establishment shall make a list according to Form No. 14 in the Appendix to this Decree and dossiers of children in need of alternative care in accordance with Clause 3, Article 38 of this Decree and send them to the provincial-level Labor, War Invalids and Social Affairs Department, for provincially managed social relief establishments, or to the district-level People’s Committee, for district-managed ones.

2. Within 10 working days, the provincial-level Labor, War Invalids and Social Affairs Department or district-level People’s Committee shall appraise dossiers, compare them with the list of registered alternative caregivers and consider and assess the suitability of these alternative caregivers; if finding them suitable, the provincial-level Labor, War Invalids and Social Affairs Department or district-level People’s Committee shall send the list and dossiers to commune-level People’s Committees of localities where registered alternative caregivers reside.

3. The head of a social relief establishment shall coordinate with the commune-level People’s Committee of the locality of residence of an alternative caregiver in notifying the status of the child, organizing contacts between the alternative caregiver and the child, and taking the child to the home of the alternative caregiver for the child to get used to the new environment; and getting the child’s opinions and expectations about the alternative caregiver if the child is full 7 years or older.

4. Within 15 working days, the commune-level People’s Committee shall consider conditions of an alternative caregiver, and if the alternative caregiver is qualified, shall issue a decision on handover of the child to the alternative caregiver in accordance with Clause 1, Article 66 of the Law on Children, and send this decision to the provincial-level Labor, War Invalids and Social Affairs Department, district-level People’s Committee or a competent agency or organization as a basis for termination of the child’s alternative care at a social relief establishment. The child shall be handed over when the decision on alternative care is issued by the commune-level People’s Committee and the decision on termination of alternative care is issued by the social relief establishment.

5. Policies for children in alternative care and alternative caregivers must comply with the law on social relief policies.

6. The procedures for transfer of children to adoptive families must comply with the law on child adoption.

Article 46. Supervision and assessment of children transferred from social relief establishments to alternative caregivers

1. The head of a social relief establishment shall assign a representative to coordinate with the commune-level child protection officer in supervising and assessing the living conditions and the health, physical strength, spirit and integration of a child with the person or family providing alternative care in order to promptly request related agencies, organizations and persons to take appropriate assistance and intervention measures.

2. Commune-level child protection officers shall supervise and assess the alternative care for children in accordance with Clause 2, Article 43 of this Decree.

Article 47. Supervision and assessment of alternative care for children at social relief establishments

Provincial-level Labor, War Invalids and Social Affairs Departments and district- level labor, war invalids and social affairs agencies shall supervise and assess alternative care for children at social relief establishments under their management and notify such to commune-level People’s Committees which issue decisions on alternative care for children.

Article 48. Termination of alternative care for children

1. A person or the representative of a family providing alternative care as prescribed at Point c or d, Clause 1, Article 69 of the Law on Children shall send a written request for termination of alternative care according to Form No. 15 in the Appendix to this Decree to the commune-level People’s Committee which has issued the decision on handover of the child to the alternative caregiver for carrying out the procedures for termination of alternative care.

2. The commune-level People’s Committee chairperson shall issue a decision on termination of alternative care and change of form of alternative care based on results of supervision and assessment of a child in alternative care, or at the request of the alternative caregiver, or as desired by the child as prescribed in Article 69 of the Law on Children, according to Form No. 16 in the Appendix to this Decree.

3. For a child transferred from a social relief establishment to an alternative caregiver, within 5 working days after receiving the decision on handover of the child to the alternative caregiver issued by the commune-level People’s Committee, the provincial-level Labor, War Invalids and Social Affairs Department director or district-level People’s Committee chairperson or a competent person shall issue a decision on termination of the child’s care at the social relief establishment and send it to the commune-level People’s Committee for handover of the child to the alternative caregiver.