Chương VI Nghị định 56/2017/NĐ-CP : trách nhiệm của cơ quan, tổ chức, cơ sở giáo dục, gia đình, cá nhân trong việc bảo đảm để trẻ em được tham gia vào các vấn đề về trẻ em

Chapter VI

RESPONSIBILITIES OF AGENCIES, ORGANIZATIONS, EDUCATIONAL INSTITUTIONS, FAMILIES AND INDIVIDUALS FOR INVOLVING CHILDREN IN CHILDREN’S MATTERS

Article 49. Responsibilities of ministries, ministerial-level agencies and government- attached agencies

1. In the course of formulating programs, policies, legal documents, socio-economic development master plans and plans on children or related to children, ministries, ministerial-level agencies and government-attached agencies (below referred to as document drafting agencies) shall involve children in the formulation as follows:

a/ To ensure that children be informed of contents of draft documents requiring the collection of opinions of children in one or more than one appropriate form prescribed in Clause 2, Article 74 of the Law on Children;

b/ To explain contents of draft documents in a manner understandable to children and enabling them to express their opinions and aspirations;

c/ To receive, consider and reply children’s opinions and aspirations or give explanations or answers to children’s opinions and aspirations which have been received in a form other than those prescribed in Clause 2, Article 74 of the Law on Children.

2. A drafting agency which does not directly collect opinions of children as prescribed in Clause 1 of this Article shall collect opinions of children as follows:

a/ To send the draft document together with the contents requiring the collection of opinions of children to the organization representing the voice and aspirations of children or the Vietnam Child Right Protection Association for organizing the collection of opinions of children before the document drafting agency promulgates according to its competence or proposes a competent agency to promulgate the document;

b/ To study and assimilate opinions and aspirations of children expressed through the organization representing the voice and aspirations of children or the Vietnam Child Protection Association, and give explanations and feedback to the latter for notification to the children.

3. Dossiers issued according to competence or sent to competent agencies for appraisal, verification and issuance by document drafting agencies must include the summarization, explanation and assimilation of children’s opinions and aspirations in the general summarization, explanation and assimilation of opinions collected from agencies, organizations and individuals.

4. If receiving children’s opinions and aspirations on matters that have effects and influence on children in the course of guiding and organizing the implementation of programs, policies, legal documents and master plans and plans on socio-economic development, ministries, ministerial-level agencies and government-attached agencies shall consider them and directly give answers to children or agencies and organizations that forward these opinions and aspirations.

5. The Ministry of Labor, War Invalids and Social Affairs shall guide, examine and inspect activities involving children in their matters; and suspend or propose competent agencies to suspend those activities which violate the law or are not in the best interests of children.

Article 50. Responsibilities of People’s Committees at all levels

1. In the course of preparing decisions, programs, policies, legal documents and socioeconomic development master plans and plans on children or related to children, People’s Committees at all levels shall involve children in the preparation process in accordance with Points a, b and c, Clause 1, Article 49 of this Decree.

2. If receiving children’s opinions and aspirations on matters that have effects and influence on children in the course of organizing the implementation of programs, policies, legal documents and master plans and plans on socio-economic development, People’s Committees at all levels shall consider them and directly give answers to children or agencies and organizations that forward these opinions and aspirations.

3. To direct related agencies to guide, examine and inspect activities involving children in children’s matters in their localities; to suspend or propose competent agencies to suspend those activities which violate the law or are not in the best interests of children; to handle or propose competent agencies to handle acts of obstructing children to access information, express their opinions and aspirations or participate in relevant social activities.

4. People’s Committees at all levels shall manage and create conditions for children to be involved in children’s matters within the scope and forms prescribed in Article 74, and according to the requirements prescribed in Clause 1, Article 78, of the Law on Children.

Article 51. Responsibilities of the organization representing the voice and aspirations of children

1. The Ho Chi Minh Communist Youth Union Central Committee shall perform the tasks of the organization representing the voice and aspirations of children prescribed in Article 77 of the Law on Children.

2. To annually propose to the Government plans on performance of the tasks of representing the voice and aspiration of children and oversee the implementation of children’s opinions and aspirations in accordance with Point b, Clause 4, Article 91 of the Law on Children.

3. To assume the prime responsibility for, and coordinate with ministries, ministerial- level agencies, government-attached agencies, provincial-level People’s Committees, the Vietnam Women’s Union Central Committee, the Vietnam Child Right Protection Association and related agencies and organizations in, performing the tasks of representing the voice and aspirations of children and overseeing the exercise of the child rights according to children’s opinions and aspirations under plans approved by the Government.

Article 52. Responsibilities of socio-political organizations, social organizations and socio-professional organizations

1. To request the Vietnam Fatherland Front, socio-political organizations, social organizations and socio-professional organizations (below refereed to as organizations) to collect opinions of children in one or more than one appropriate form prescribed in Clause 2, Article 74 of the Law on Children when formulating and implementing decisions, programs and activities concerning children.

2. To explain contents of decisions, programs and activities under formulation or implementation in a manner understandable to children and enabling them to express their opinions and aspirations; receive and consider children’s opinions and aspirations and give answers directly to children or to agencies and organizations that forward these opinions and aspirations according to the guidelines, goals, functions and tasks of the organizations.

3. To forward children’s opinions and aspirations they receive to agencies, organizations and persons having the functions, tasks and competence to consider and settle them and supervise the reply to those opinions and proposals.

4. When carrying out activities and organizing events involving children, to ensure conditions of safety and suitability for children; and comply with the guidance, submit to inspection and examination by or abide by termination decisions of competent agencies.

Article 53. Responsibilities of schools and other educational institutions

1. Schools shall create conditions for their students to participate in relevant social activities and to express opinions and aspirations about matters of their concern through the forms prescribed in Clause 2, Article 74 of the Law on Children.

2. School boards shall receive opinions, proposals and aspirations of students and consider and give answers on matters under their responsibilities within 7 working days. The answers must specify the implementation and implementation time, or non-implementation of students’ opinions, proposals and aspirations and reasons therefor.

3. School boards shall send students’ opinions, proposals and aspirations beyond their settlement competence to agencies, organizations and persons having the function and competence to consider and settle them and supervise their reply in order to give feedback to students.

4. Teachers in charge of activities of Ho Chi Minh Vanguard Teenager Union chapters or secretaries of the Ho Chi Minh Communist Youth Union chapters shall report or summarize students’ opinions, proposals and aspirations and send them to school boards or teachers in case students do not wish to directly reflect them to school management boards or teachers; and inform students of the receipt, consideration and settlement of their opinions, proposals and aspirations.

Article 54. Responsibilities of child protection service providers and social relief establishments

1. Child protection service providers and social relief establishments shall disclose the following information at the request of children, parents and caregivers:

a/ Establishment decision or operation registration certificate issued by a competent agency;

b/ Functions, tasks, contents of operation and licensed services;

c/ Service charge rates (if any);

d/ Measures and regimes for provision of services to children;

dd/ Responsibilities for participation of parents, caregivers or children themselves in the course of service provision.

2. Child protection service providers and social relief establishments shall receive, consider and answer verbally or in writing opinions, proposals and aspirations of children, parents, caregivers and related agencies and organizations about the establishments’ services.

Article 55. Responsibilities of mass media agencies and agencies and organizations providing services in the Internet environment

1. To publish children’s opinions and aspirations sent to them in line with their guidelines and goals and in accordance with law. In case of not doing so, they shall give a reply clearly stating the reason.

2. To forward children’s opinions and aspirations to responsible agencies, organizations and persons and request them to give written replies.

3. Not to disclose private information of children at the request of children, their parents and caregivers, or in case the disclosure of such information will harm children and is not in the best interests of children as prescribed in Article 33 of this Decree.

Article 56. Responsibilities of families

Parents and family members shall:

1. Care for and nurture children.

2. Educate children.

3. Protect and ensure safety for children.

4. Create conditions for children to participate in cultural, arts, sports and relevant social activities.

6. Ensure children’s participation in families’ affairs in accordance with Article 75, and Clause 1, Article 78, of the Law on Children.