Requirements on protection of children in the course of proceeding, taking of actions against administrative violations, rehabilitation/ recovery and social inclusion in Vietnam

Requirements on protection of children in the course of proceeding, taking of actions against administrative violations, rehabilitation/ recovery and social inclusion in Vietnam (Internet image)

Regarding this matter, LawNet would like to answer as follows:

1. Requirements on protection of children in the course of proceeding, taking of actions against administrative violations, rehabilitation/ recovery and social inclusion in Vietnam

Requirements on protection of children in the course of proceeding, taking of actions against administrative violations, rehabilitation/ recovery and social inclusion in Vietnam according to Article 70 of the Law on Children 2016 are as follows:

- Children must be respected and treated in a fair and equal manner in conformity with their age and maturity level.

- Cases relating to children affairs shall be promptly handled for minimizing mental and physical harm to children.

- Ensure the assistance of parents, guardians and other legal representatives for children in the course of proceeding and taking of actions against administrative violations for protecting children’s lawful rights and interests.

- Presiding officers, competent individuals for taking actions against administrative violations, lawyer and legal assistants must have necessary knowledge of child psychology and educational science. Their language must be friendly and understandable to children.

- Ensure the children’s rights to defense and legal assistance.

- Actively prevent children’s illegal acts and recidivism by means of giving timely support and intervention to correct justifications and factors for their illegal acts, and assisting children with rehabilitation/recovery and social inclusion.

- Provide safe, continuous, sufficient and flexible prevention, support and intervention measures in a timely manner and in conformity with demands, background, age level and psychological and physiological features of each child on the basis of careful consideration and respect for opinions, expectations, feeling and attitude of that child.

- Ensure the close and timely connection between agencies, organizations, child protective service providers, families, educational establishments and presiding authorities and competent authorities for taking actions against administrative violations.

- Prioritize the imposition of prevention, support and intervention measures, or edification at the commune, ward or town, or measures substituting administrative penalties on children violating the laws. Coercive actions and limitations on freedom are only taken when other prevention and education measures are not appropriate.

- Ensure children’s privacy and apply necessary measures for limiting the children’s appearance in the public during the proceeding.

2. Regulations on support for rehabilitation/recovery and social inclusion of children who committed illegal acts

Regulations on support for rehabilitation/recovery and social inclusion of children who committed illegal acts according to Article 73 of the Law on Children 2016 are as follows:

- Detention facilities and reform schools must coordinate with people’s committees of communes where children reside to implement the following measures for the purpose of preparing and enhancing the social inclusion of children violating the law:

+ Maintain the contact between children and their family;

+ Organize educational classes, vocational training classes and skill training classes for children;

+ Consider and evaluate the compliance with the children’s compulsory study and training at detention facilities and reform schools, and request competent authorities to reduce the period of serving the sentence or terminate the compulsory education at reform schools as regulated by the law.

- The detention facility or the reform school where the child is serving his sentence or the compulsory education must, within 02 months before the child completes his sentence or 01 month before the child finishes the compulsory education at the reform school, inform and provide relevant information to the people’s committee of commune where the child will return to live to prepare the receipt and support for the social inclusion of that child.

- Chairpersons of people’s committees of communes where children reside shall direct the establishment and implementation of support and intervention plans and the application of measures for protecting children who committed illegal acts as regulated in Clause 1 Article 71 of the Law on Children 2016.

- Agencies of labour - invalids and social affairs, judicial agencies, police agencies, organizations of the Communist Youth Union of Ho Chi Minh City, and agencies of Vietnam Women’s Youth Union at district level shall coordinate with relevant agencies and organizations to guide and assist communal people’s committees with the implementation of support and intervention plans, and the imposition of other suitable protective measures on children.

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