What are the conditions of the surrogate care for homeless children in Vietnam?
- What are the conditions of the surrogate care for homeless children in Vietnam?
- What is the dossier of a child in need of a surrogate caregiver in Vietnam?
- What is included in the dossier of family selected to provide surrogate care in Vietnam?
- What are the regulations on the rights and responsibilities of surrogate caregivers in Vietnam?
What are the conditions of the surrogate care for homeless children in Vietnam?
Pursuant to Clause 2, Article 63 of the 2016 Children Law Vietnam, the conditions for the surrogate care for homeless children are as follows:
- They must reside in the territory of Vietnam;
- They must be healthy, capable of civil acts and have good virtuous character.
- They do not have their rights to juvenile children limited.
- They also do not face criminal prosecution or administrative penalties for acts of child abuse.
- They must not be convicted of deliberate infliction of harm to human life, health, or dignity of the others, or maltreatment or abuse of one's grandparent, parent, spouse, child, grandchild, or caregiver, or persuading, forcing a minor to commit an offence, or harboring a minor committed an offence, or trafficking, or swapping, or appropriation of children;
- They must have suitable residence and economic conditions to ensure the nurture and education of children;
- They must voluntarily perform the surrogate care.
- All family members must agree with the receipt of surrogate care, and no one of family members must face the criminal prosecution or administrative penalties for acts of child abuse;
- Kindred who perform the surrogate care must be adults. In other cases, individuals who perform the surrogate care must be at least 20 years older than children.
What are the conditions of the surrogate care for homeless children in Vietnam?
What is the dossier of a child in need of a surrogate caregiver in Vietnam?
Pursuant to Clause 3, Article 38 of Decree 56/2017/ND-CP stipulating that the dossier of a child in need of a surrogate caregiver include:
- The birth certification, or birth certificate, or identity card, or citizen card or passport (if any);
- A health certificate issued by a health agency in accordance with law;
- 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;
- 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;
- A written certification by the commune-level People’s Committee or public security agency of the locality where the child is abandoned;
- A copy of the decision temporarily separating the child from his/her parent(s) or caretaker and placing him/her in surrogate care issued by the chairperson of the commune- level People’s Committee or the district-level People’s Court.
In case of a child in a social relief establishment in need of surrogate care, the following documents need to be added:
- A copy of the decision admitting the child into the social relief establishment issued by a competent agency;
- The assessment report on the circumstances, status, needs and aspirations of the child made by a competent person of the social relief establishment.
What is included in the dossier of family selected to provide surrogate care in Vietnam?
Pursuant to Article 41 of Decree 56/2017/ND-CP stipulating that dossier of family selected to provide surrogate care in Vietnam include:
The dossier of a person or representative of a family to provide surrogate care who is not a relative of the child must comprise:
- A surrogate care provision registration application;
- A health certificate issued by a health agency within 6 months before the date of dossier submission in accordance with law;
- Criminal record card issued by a competent agency, for a foreigner or foreign family representative.
What are the regulations on the rights and responsibilities of surrogate caregivers in Vietnam?
Pursuant to Article 64 of the 2016 Children Law Vietnam, the rights and responsibilities of surrogate caregivers are as follows:
- Surrogate caregivers shall assume the following responsibilities:
+ Ensure safe living conditions for children so that they can exercise their rights and responsibilities in conformity with conditions of surrogate caregivers;
+ Submit reports, after 06 months from the date on which they started their performance of the surrogate care or on annual basis, to people’s committees of communes where they reside on physical and mental health, and the integration of children. In cases where unexpected matters occur, unscheduled reports must be submitted on a timely manner.
- Surrogate caregivers shall have the following rights:
+ Surrogate caregivers are entitled to priority loans, vocational training and employment support and healthcare while they get into difficulties;
+ They are supported with expenditure for nurturing children as regulated by the law and are entitled to receive support from agencies, organizations, families and individuals to perform the surrogate care.
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