Vietnam: Is children's opinion required when determining children eligible for substitute care?

Is children's opinion required when determining children eligible for substitute care in Vietnam?

Article 5 Circular 14/2020/TT-BLDTBXH stipulates the criteria for determining children eligible for substitute care in Vietnam:

Children are eligible for substitute care when they meet the following criteria:

1. The children fall under the categories stipulated in Article 62 of the Law on Children;

2. The children are included in the list approved by the Department of Labor, War Invalids and Social Affairs, and the District People's Committee as prescribed for children being raised and cared for at social assistance facilities;

3. The children have complete documentation as specified in Clauses 3 and 4, Article 38 of Decree No. 56/2017/ND-CP;

4. There is written consent from the parents as stipulated in point b, clause 1, Article 36 of the Law on Children or from the guardian in cases specified in clause 1, Article 62 of the Law on Children.

5. In cases where the children are 7 years old or older, their opinions must be sought.

Thus, according to current regulations, when determining children eligible for substitute care in Vietnam, the opinions of children aged 7 or older are required.

What does the documentation for children requiring substitute care in Vietnam include?

According to Clause 3, Article 38 of Decree 56/2017/ND-CP, the documentation for children requiring substitute care in Vietnam includes:

a) Birth certificate or identity card or citizen identification card or passport (if any);

b) Health check-up record issued by a medical institution as prescribed by law;

c) Two full-body, front-facing photos, size 8 cm x 10 cm, taken within six months prior to the time of preparing the documentation;d) An assessment report by the commune-level child protection officer on the circumstances, condition, and needs, wishes of the child as per Form No. 10 in the Appendix issued with this Decree;

d) A verification record issued by the commune-level People's Committee or commune-level police where the abandoned child was found;

e) A copy of the provisional decision to temporarily separate the child from their parents or caregiver and apply substitute care measures by the Chairman of the Commune-level People's Committee or District People's Court.

Sincerely!