How does the local government in Vietnam protect the rights of children?
Currently, near my house, there is a case where both Quan (7 years old) and his younger sister (2 years old) have been abandoned by their parents. No one is taking care of them. Ms. Kieu, a distant relative of them, is the only person looking after the two children. She is unsure if the situation of the siblings qualifies for receiving local government's support and intervention. Which authority in Vietnam is responsible for determining protective measures for children? Thank you!
How does the local government in Vietnam protect the rights of children? - image from internet
Pursuant to Article 52 of the Law on Children in 2016 stipulating support and intervention plans of local government for children:
- The support and intervention plan is established for implementing one or certain child protective measures at the support or intervention level as regulated in Article 49 and Article 50 of this Law and applicable to each case of abused children or children threatened with violence, exploitation or abandonment and disadvantaged children.
- People’s committees of communes where children resides shall take the prime responsibility and coordinate with agencies, organizations and individuals in charge of child protection to establish, approve and implement support and intervention plans; arrange resources and individuals and/or organizations to implement or cooperate to implement and inspect the implementation of such support and intervention plans.
Therefore, the situation of the siblings in your story is a case that requires timely intervention and protective measures to be implemented by the local government.
Pursuant to Article 27 of the Decree 56/2017/ND-CP, after making an initial assessment of the risk and level of harm to a child, the commune-level child protection officer shall himself/herself or request the National Telephone Exchange for Child Protection and child protection service providers to help collect information and make detailed assessment of the risk, and prepare a report according to Form No. 03 in the Appendix to this Decree, stating:
- The physical, psychological and emotional state of the abused child, the child at risk of violence, exploitation or abandonment or disadvantaged child;
- Family circumstances and relationships of the child and child protection capacity of his/her parents and family members;
- Factors making the child abusable or further be abused or factors putting the child in an disadvantaged circumstance;
- Learning conditions and ability and self-protection ability of the child;
- Safety level and assistance ability of the community where the child lives;
- The child’s needs for health care and treatment of physical and mental harms; demand for social relief, education, training and vocational education support, legal aid, counseling, psychological therapy and other child protection services;
- Opinions and aspiration of the child;
- Opinions and aspirations of the child’s parents or caregiver, unless they themselves cause harm to the child.
In this case, the siblings need to be included in a support plan and receive intervention from the local government. The Chairman of the People's Committee at the commune level, where the siblings reside, should preside over a meeting with individuals and organizations responsible for child protection, as well as representatives from the local community where the children reside, to determine protective measures for the children. This includes organizing the development, approval, and implementation of the support plan and intervention, allocating resources, assigning individuals and organizations to carry out the plan, coordinating implementation, and monitoring compliance with the provisions of the Law on Children.
Best regards!
