To direct the inspection of social support facilities providing child protection services in Vietnam

To direct the inspection of social support facilitiess providing child protection services in Vietnam (Internet image)

The Ministry of Labor, War Invalids, and Social Affairs of Vietnam issued Official Dispatch 69/LDTBXH-TTr dated January 9, 2023 on the inspection and examination of the implementation of policies and laws on children and the prevention and control of child abuse. .

Specifically, direct the inspection of social support establishments providing child protection services as follows:

1. What are social support facilities?

Social support facilities refer to both public and private social support facilities (hereinafter referred to as the “facility").

- A public social support facility is established, managed and invested by a state agency that shall provide funding for all operations of this facility.

- A private social support facility is established, managed and invested by a domestic or foreign individual, or organization, or enterprise, that shall provide funding for all operations of this facility.

2. Types of social support facilitiess in Vietnam

Article 5 of Decree 103/2017/ND-CP stipulates the following types of social support facilitiess:

- Social protection facilities for caring the elderly.

- Social protection facilities for caring children with special circumstances.

- Social protection facilities for caring people with disabilities.

-. Social protection facilities for caring and rehabilitating people with mental health problems.

- General social protection facilities for caring social protection beneficiaries or persons in need of social assistance.

- Social work centers that provide advice or emergency care or social assistance for persons in such need with other necessities.

- Other types of social support facilities as prescribed by laws.

3. To direct the inspection of social support facilitiess providing child protection services in Vietnam

Some localities have not really focused on inspecting and examining the implementation of policies and laws on children and child abuse prevention and control, specifically:

- The remaining 04/63 Departments of Labour, Invalids, and Social Affairs have not yet carried out the inspection (Da Nang city, Long An Province, Tien Giang Province, Binh Duong Province); 25/59 inspection and examination by the Department of Labour, Invalids, and Social Affairs failed to ensure the implementation of at least 02 district-level units (accounting for 42.37%);

It is not guaranteed that 100% of the district People's Committee will carry out the inspection (have done 470/703 at district level, reaching a rate of 66.85%);

It is not guaranteed that all commune-level People's Committees conduct self-inspection (6,837/10,561 at the commune level, for a rate of 64.73%);

100% of social support facilitiess have not been inspected and approved (inspected and approved 265/439 establishments, reaching the rate of 60.4%).

- The quality of inspection and examination has not detected many shortcomings and mistakes to promptly correct and overcome, while in fact many cases of child abuse are happening: total number of shortcomings and violations detected: 645/8,577 units at district and commune level inspected and tested (average 0.075/unit);

28/59 inspections conducted by the Department of Labour, Invalids, and Social Affairs did not detect errors or omissions (accounting for 47.45%);

Most of the inspections by the District People's Committee and the self-inspection by the Commune People's Committee have not found any errors or omissions.

- A number of outstanding issues were discovered through inspection and examination: many child care and nurturing establishments operate in contravention of the law.
(detected 202/645 total errors and violations, accounting for 31.3%):

The conditions of personnel and establishments have not yet been ensured, the need for care and support has not been assessed, and the plan for care and support has not been developed for children; Periodic health checks for children have not been carried out, 28/265 establishments have not yet registered for operations (accounting for 10.5%);

As for the status of children who have not yet been granted birth certificates;

People's Committees of districts and communes: have not reviewed and made statistics on children at risk of abuse, have not assessed the extent of harm to abused children in order to have appropriate support and intervention plans.

- To ensure the implementation of children's rights and the responsibilities of People's Committees at all levels, branches, and mass organizations in the implementation of children's rights, the Ministry of Labour, Invalids, and Social Affairs,  the chairpersons of the People's Committees of provinces and centrally run cities are requested to continue directing the inspection and examination of the implementation of policies and laws on children and child abuse prevention and control in 2023 as follows:

+ Directing the Department of Labour, Invalids, and Social Affairs to conduct inspection in at least 01 district-level area; social support facilitiess established and organized by the province; and units that care for, nurture, and provide child protection services but are not registered for operation or are not licensed to operate have not been inspected in the year 2022.

The Department of Labor, Invalids, and Social Affairs of Da Nang City, Long An Province, Tien Giang Province, and Binh Duong Province, where the inspection has not been carried out in 2022, must inspect at least 03 district-level localities and social support facilitiess, organizations, and units that care for, nurture, and provide child protection services.

+ District People's Committees continue to inspect, Commune People's Committees carry out self-inspection and check on social support facilitiess established at the district and commune levels that have not been inspected in 2022.

+ Contents of central inspection and examination of policy implementation towards children with special circumstances; reviewing and making statistics on children at risk of abuse, abused children, and implementing interventions and support; comprehensively inspecting the operation of social support facilitiess and charity funds.

+ Assigning the Department of Labour, Invalids, and Social Affairs to summarize and report the inspection results of the whole province/city and send it to the Ministry of Labour, Invalids, and Social Affairs (via the Inspector of the Ministry of Labour, Invalids, and Social Affairs) before November 20, 2023 (report form posted at http://thanhtralaodong.gov.vn/tai-lieu).

More details can be found in Official Dispatch 69/LDTBXH-TTr dated 09/01/2023.

Ngoc Nhi

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