Participation in Medical Care by Individuals and Organizations for Patients Under 18 Years Old

To be specific, according to the guidelines provided in Circular 02/2018/TT-TANDTC, the following individuals are required to be present at the trial according to the decision of the Court:

- Representatives of individuals under the age of 18;- Representatives of the school where the individual under the age of 18 studies;- Representatives of the agency or organization where the individual under the age of 18 works or participates.

In the event that these individuals are absent for the first time or the second time due to force majeure or objective obstacles, the Court must postpone the trial.

In the event that these individuals are absent for the second time not due to force majeure or objective obstacles but to ensure the best interests of the individual under the age of 18, the Court may also postpone the trial.

Furthermore, this Circular specifically provides that the victim under the age of 18 or their parents, legal representatives, or guardians have the right to request the following individuals to protect the rights and legal interests of the victim under the age of 18:

- Lawyers;- Legal aid providers;- People's advocates;- Other individuals.

The Court must inform the victim under the age of 18 or their parents, legal representatives, or guardians of their right to request the above-mentioned individuals to protect the rights and legal interests of the victim under the age of 18.

In the event that they cannot choose a person to protect the rights and legal interests of the victim but have a written request, the Court will require the Bar Association to assign a law practice organization to appoint a lawyer, or the Legal Aid Center to appoint a legal aid provider or lawyer, or the Vietnam Fatherland Front Committee and its member organizations to appoint a people’s advocate to protect the rights and legal interests of the victim under the age of 18.

The person protecting the rights and legal interests of the victim under the age of 18 has the following rights:

- To participate in proceedings from the time of prosecution, to be present when the procedural authorities take statements from the person they are protecting;- To appeal the part of the judgment or decision of the Court related to the rights and obligations of the person they are protecting;- To request changes to procedural officers, examiners, interpreters, translators, and asset valuators in accordance with the provisions of the Criminal Procedure Code.

See more guidelines at: Circular 02/2018/TT-TANDTC effective as of December 1, 2018.

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