20/05/2024 09:49

What are children's rights? Summary of basic rights of children under the law in Vietnam

What are children's rights? Summary of basic rights of children under the law in Vietnam

What are children's rights? What rights do children have in Vietnam? I hope Lawnet can help me answer this question (Ms. Linh - Binh Phuoc)

Regarding this matter, LawNet would like to answer as follows:

1. What are children's rights?

Children are always a specially protected group under international law because they are particularly vulnerable and susceptible to harm and exploitation during armed conflicts or periods of economic and political instability. According to the provisions of Article 1 of the Children Law 201, a child is a human being below the age of 16.

Children's rights are the fundamental rights and freedoms that all children are entitled to, regardless of their race, gender, religion, nationality, social status, or any other factors.

2. What rights do children in Vietnam have under the Children Law 2016?

Children's rights are an indispensable part of human rights. Children in Vietnam have all 23 rights under the Children Law 2016, including:

(1) Right to life (Article 12 of the Children Law 2016)

Children have the right to protection of their life and are entitled to enjoy best conditions for living and development.

(2) Right to birth registration and nationality (Article 13 of the Children Law 2016)

Children have the right to be registered for birth or death, have the right to a legally registered full name and a nationality. Children also have the right to have their parents, ethnic groups and sex defined as regulated by laws.

(3) Right to healthcare (Article 14 of the Children Law 2016)

Children have the right to best healthcare services, are prioritized to access and use medical prevention, examination and treatment services.

(4) Right to be cared for and nurtured (Article 15 of the Children Law 2016)

Children have the right to be cared for and nurtured to develop comprehensively.

(5) Right to education, study and development of talent (Article 16 of the Children Law 2016)

- Children have the right to education and study so that they can have a comprehensive development and promote their ability in the best way.

- Children are granted with equal opportunities for study and education, and developing their talent, creation and invention.

(6) Right to engage in play and recreational activities (Article 17 of the Children Law 2016)

Children have the right to engage in play and recreational activities, are granted with equal opportunities for joining in cultural, arts, sports and tourist activities in conformity with their age.

(7) Right to preserve and promote characters (Article 18 of the Children Law 2016)

- Children are entitled to have their personal characteristics and value respected in conformity with their age and the national culture. They are also entitled to have their family relationship acknowledged.

- Children have the right to use the national language and script, preserve the national characters and promote the national cultural traditions, manners and customs.

(8) Right to freedom of belief or religion (Article 19 of the Children Law 2016)

Children have the right to freedom of belief or religion. They may follow or reject to follow a given religion and their safety and interests thereof must be ensured and protected in the best way.

(9) Right to freedom of belief or religion (Article 20 of the Children Law 2016)

Children have the right to freedom of belief or religion. They may follow or reject to follow a given religion and their safety and interests thereof must be ensured and protected in the best way.

(10) Right to privacy (Article 21 of the Children Law 2016)

- Children have the imprescriptible right to privacy and keep personal and family secrets, all are for the best interests of children.

- Children have their honor, dignity, personal prestige, mail, telephone and telegram security and other personal information exchange types protected by the law. They are protected from and may resist illegal interventions against personal information.

(11) Right to live with their parent(s) (Article 22 of the Children Law 2016)

Children have the right to live with their parent(s) and are provided with the protection, caring for and education of both parents, unless they must be separated from their parent as regulated by the law or for protecting their best interests.

In case of separation from parent(s), children must be assisted to stay in contact with their parent(s) and family, unless this might cause adverse influence on their best interests.

(12) Right to be reunited and stay in contact with parent(s) (Article 23 of the Children Law 2016)

Children have the right to know their natural parents, unless this might cause adverse influence on their best interests. They are entitled to stay in touch or contact with both parents when they or their parent(s) resides (reside) in different countries or are detained or expelled. They also have their immigration facilitated to be united with their parent(s). In addition, children are protected from illegal transport to the outside of the territory of Vietnam and provided with information when their parent(s) is (are) missing.

(13) Right to receive surrogate care and to be adopted (Article 24 of the Children Law 2016)

- Children can receive the surrogate care when their parents are dead or they cannot live with their natural parent or they are affected by natural disasters and calamities or aimed conflict in order that their safety and interests are ensured and protected in the best manner.

- Children are adopted as regulated by laws on adoption. 

(14) Right to be protected from sexual abuse (Article 25 of the Children Law 2016)

Children have the right to be protected, in any form, from sexual abuse.

(15) Right to be protected from labor exploitation (Article 26 of the Children Law 2016)

Children have the right to be protected, in any form, from the labor exploitation. They must not work when they are under the working age and they must not work overtime or do arduous, harmful or dangerous works as regulated by the law. They are protected from forcing to do jobs or arranging in working places where cause adverse influence on their personality and comprehensive development.

(16) Right to be protected against violence, neglect or abandonment (Article 27 of the Children Law 2016)

Children have the right to be protected, in any form, from violence, neglect or abandonment which harms their comprehensive development.

(17) Right to be protected from trafficking, kidnapping, swap and appropriation (Article 28 of the Children Law 2016)

Children have the right to be protected, in any form, from trafficking, kidnapping, swap and appropriation.

(18) Right to protection from narcotic substances (Article 29 of the Children Law 2016)

Children have the right to be protected from any form of illegal use, manufacturing, transport, sale, purchase and storage of narcotic substances.

(19) Right to be protected in the course of proceedings and taking of actions against administrative violations (Article 30 of the Children Law 2016)

Children have the right to be protected during proceedings and the taking of actions against administrative violations. They are entitled to defend themselves or be defended and have their lawful rights and interests protected. They are also entitled to legal aid, state their opinions and protected from illegal deprivation of the right to freedom. In addition, they are protected from torture, extortion of deposition, corporal punishment, defamation of the honor and dignity, acts violating their body, psychological pressure and other violations.

(20) Right to be protected while suffering from natural disasters and calamities, environmental pollution or armed conflict (Article 31 of the Children Law 2016)

Children have the right to all forms of special assistance and protection from impacts of natural disasters and calamities, environmental pollution and armed conflict.

(21) Right to social security (Article 32 of the Children Law 2016)

Children who are Vietnamese citizens shall have their social security benefits ensured as regulated by the law and in conformity with socio-economic conditions of regions where they are living and capacity of their parent(s) or caregivers.

(22) Right to access to information and social activities (Article 33 of the Children Law 2016)

Children are entitled to access to information in a sufficient, timely and appropriate manner. They have the right to retrieve and obtain information in all forms as regulated by the law and engage in social activities in conformity with their age level, maturity level, demands and capacity.

(23) Right to state opinions and attend meeting (Article 34 of the Children Law 2016)

Children have the right to state their opinions and expectations about children issues. They are entitled to attend meetings as regulated by the law in conformity with their age level, maturity level and development. They also have their opinions and legitimate expectations received, considered and responded by agencies, organizations, educational establishments, families and individuals.

(*) Rights of children with disabilities  (Article 35 of the Children Law 2016)

Children with disabilities have all children’s rights and rights of the disabled as regulated by the law. They are entitled to special assistance, caring and education so that they can receive rehabilitation, develop their self-reliance and get social inclusion.

(*) Rights of stateless children and refugee children (Article 36 of the Children Law 2016)

Stateless children residing in the territory of Vietnam and refugee children are protected and entitled to receive humanitarian assistance and search for their parents and families as regulated by the law of Vietnam and the international agreements to which the Socialist Republic of Vietnam is a signatory.

Above are all the rights of children under the Children Law 2016.

Best regards!

Le Nguyen Anh Vy
30


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