Vietnam: Children who have no one to rely on shall need the surrogate care

Cases where children need the surrogate care

According to the Children Law 2016 of Vietnam, there are 04 cases where children need the surrogate care:

- Double-orphans, abandoned children, and homeless children.

- Children who cannot live with their natural parents for protecting children’s safety; children whose parents are unable to protect or nurture them or are child abusers.

- The protection of children who are affected by natural disasters and calamities or aimed conflict is prioritized.

- Refugee children whose parents are not yet identified.

Requirements on the implementation of surrogate care and conditions thereof

To avoid the case of substitute caregivers profiteering and taking advantage of children, the Children Law 2016 of Vietnam stipulates the requirements and conditions for providing substitute care as follows:

- Based on demands, background, sex, race, religion and language of children, and ensure children's rights.

- Ensure the children’s safety as well as the stability, continuity and attachment between children and their caregivers.

- Consider the opinions, expectations, feelings and attitude of children according to their age and maturity level. With regard to children from enough 07 years of age and older, their opinions must be considered carefully.

- The surrogate care taken by children’s kindred is prioritized. If children have siblings, they might live together with their siblings.

- Ensure the contact or reunion between children and their parents and other family members, if possible, except for the cases where the contact or reunion is unsafe for children or not for children's best interests.

- The surrogate care must be consented in writing by the children's guardians in cases of double-orphans, abandoned children, and homeless children.

- The approval or performance of the surrogate care for children whose parent(s) is (are) alive but they are unable to protect and take care of them must be carried out with the written content of their parent(s), except for the cases where:

+ Intervention measures are taken to protect children as regulated in Point b and Point c Clause 2 Article 50 and Clause 3 Article 52 of the Children Law 2016; or

+ Parental rights are limited as regulated by the Law on marriage and family of Vietnam.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE