Are 10-year-old children who must give up their studies to earn their living and fail to complete the universalization of lower secondary education considered disadvantaged children in Vietnam?
- Are 10-year-old children who must give up their studies to earn their living and fail to complete the universalization of lower secondary education considered disadvantaged children in Vietnam?
- Shall 10-year-old children who must give up their studies to earn their living and fail to complete the universalization of lower secondary education in Vietnam be protected by being sent to social assistance establishments?
- Is it strictly prohibited to abuse and exploit 10-year-old children who must give up their studies to earn their living and fail to complete the universalization of lower secondary education in Vietnam?
Are 10-year-old children who must give up their studies to earn their living and fail to complete the universalization of lower secondary education considered disadvantaged children in Vietnam?
Under Article 1 of the Law on Children 2016, a child is a human being below the age of 16.
In addition, at Point h, Clause 1, Article 10 of the Law on Children 2016 on disadvantaged children:
Disadvantaged children
1. Disadvantaged children include the following groups:
a) Double orphans;
b) Abandoned children;
c) Homeless children;
d) Children with disabilities;
dd) Children affected by HIV/AIDS;
e) Children committed illegal acts;
g) Children who are drug addicts;
h) Children who must give up their studies to earn their living and fail to complete the universalization of lower secondary education;
i) Children who suffered seriously physical and mental harm due to violence;
k) Exploited children;
l) Sexually abused children;
m) Trafficked children;
n) Children who have fatal disease or disease requiring long-term treatment and are children of poor or near poor households;
o) Immigrant and refugee children whose parents are not yet identified or those who have no caring person.
2. The Government shall promulgate regulations detailing groups of disadvantaged children and appropriate support policies for each group.
Under the above regulations, 10-year-old children who must give up their studies to earn their living and fail to complete the universalization of lower secondary education are considered disadvantaged children in Vietnam.
Shall 10-year-old children who must give up their studies to earn their living and fail to complete the universalization of lower secondary education in Vietnam be protected by being sent to social assistance establishments?
Under Article 47 of the Law on Children 2016 on the requirements on child protection:
Requirements on child protection
1. The child protection is implemented in according to the following three levels:
a) Prevention;
b) Support;
c) Intervention.
2. The implementation of the child protection must ensure the systematization, continuity, close and effective cooperation between competent authorities and sector managing agencies in the construction and implementation of policies and laws and the provision of child protective services.
3. Agencies, organizations, educational establishments, families and individuals assume child protection duties. The child protection must comply with the laws, processes and standards promulgated by competent state authorities.
4. The child protection at children’s families and families that perform the surrogate care is prioritized. The sending of children to social assistance establishments is only a temporary method when the care of children at their families or families performing the surrogate care is unsuccessful or for the best interests of children.
5. Parents, caregivers and children must provide information and state their opinions with competent authorities and individuals in making decisions on child protection intervention or support.
6. It should attach a special importance to the prevention of the risk of harm to children; make timely intervention for minimizing bad consequences; actively assist disadvantaged children with functional rehabilitation and social inclusion.
Under the above regulations, the child protection at children’s families and families that perform the surrogate care is prioritized. The sending of children to social assistance establishments is only a temporary method when the care of children at their families or families performing the surrogate care is unsuccessful or for the best interests of the children.
Thus, it is necessary to verify and facilitate 10-year-old children who must give up their studies to earn their living and fail to complete the universalization of lower secondary education to be protected and cared for at their facilities (if they have relatives).
The sending of children to social assistance establishments is only a temporary method when the care of children at their families or families performing the surrogate care is unsuccessful or for the best interests of the children.
Is it strictly prohibited to abuse and exploit 10-year-old children who must give up their studies to earn their living and fail to complete the universalization of lower secondary education in Vietnam?
Under Clause 3, Article 6 of the Law on Children 2016 on prohibited acts:
Prohibited acts
1. Deprive children of right to life.
2. Neglect, abandon or engage in children trafficking, kidnap, swap and appropriate children.
3. Involve in child sexual abuse, use violence against children, abuse or exploit children.
4. Organize, support, incite or force the child to engage in child marriage.
5. Use, persuade, incite, excite, entice or force children to commit violations against the law, or offend honor or dignity of other person.
6. Prevent children from exercising their rights and responsibilities.
7. Fails to provide or conceal or preclude the provision of information concerning children who are abused or threatened to be exploited or suffered violence to their families, educational establishments or competent agencies and officials.
8. Discriminate against children on the grounds of their personal characters, family background, sex, race, nationality, belief or religion.
9. Sell or facilitate children in drinking alcohol or beer, smoking and using addictive substances or other stimulants, and unsafe foods which may cause harm to children.
10. Provide internet service and other services; produce, reproduce, release, operate, disseminate, possess, transport, store and trade in publications, toys, games and other products whose contents cause adverse influence on children’s healthy development.
11. Announce or disclose information about the privacy or secret of the child without the consent of the child who is enough 07 years old or older, or the consent of the child’s parent or guardian.
12. Make corrupt use of the child surrogate care to harm such child; take advantage of state policies and aid granted by organizations or individuals to seek private profit.
13. Build service facilities, production establishments or warehouses storing goods that cause environmental pollution, toxic chemicals or inflammables near facilities providing children protection services, educational establishments, health establishments, cultural establishments, children’s entertainment and amusement centers or vice versa.
14. Encroach or use facilities that serve children’s study, entertainment and other children protection services for purposes other than those regulated or illegal purposes.
15. Refuse, fail to perform or perform in insufficient untimely manner the support, intervention or treatment for children who are threatened to be or in peril, and whose body, honor or dignity are harmed.
Thus, it is strictly prohibited to abuse and exploit 10-year-old children who must give up their studies to earn their living and fail to complete the universalization of lower secondary education in Vietnam.
Thư Viện Pháp Luật