The process of collecting children's opinions when formulating legislative documents on children in Vietnam

The process of collecting children's opinions when formulating legislative documents on children in Vietnam (Internet image)

1. Principles of collecting children's opinions when formulating legislative documents on children in Vietnam

- The agency in charge of drafting the document, the organization representing the voices and aspirations of children, the Vietnam Association for the Protection of Children's Rights (hereinafter referred to as the agency or organization that collects opinions of children) proactively organize the collection of children's opinions on the basis of children's voluntary participation; provide adequate information for children; The content and form of the consultation must be appropriate to the age, gender, ethnicity, circumstances, maturity level, and development of the child.

- Creating a safe, friendly, equal, non-discriminatory, non-punitive, and discriminatory environment when children express or do not express their opinions; ensuring the privacy of the children's private lives and personal secrets.

- Opinions and aspirations of children, the opinions of the Organization representing the voices and aspirations of children, and the Vietnam Association for the Protection of Children's Rights must be respected, listened to, received, and responded to by the agency in charge of drafting the document, fully, promptly, objectively, honestly, and for the right purpose.

- Persons who collect children's opinions must have appropriate knowledge, attitudes, and skills to work with children.

- The collection of children's opinions in the process of elaborating legislative documents on children or related to children shall comply with the provisions of the Law on Promulgation of legislative documents and Decree 34/2016/ND-CP, and guidance in Circular 36/2018/TT-BLDTBXH.

(Article 2 of Circular 36/2018/TT-BLDTBXH)

2. The process of collecting children's opinions when formulating legislative documents on children in Vietnam 

The process of collecting children's opinions when developing legislative documents on children in Vietnam includes the following steps:

(1) Step 1: Prepare to consult the children

- Develop a plan to collect children's opinions, including:

+ Purpose and requirements;

+ Time and place;

+ Subjects of children participating in the collection of opinions;

+ Content to be consulted;

+ Forms of opinion collection;

+ Funding;

+ Assignment of implementation.

- Explanation of the content of the document being drafted; the development of a toolkit for collecting children's opinions to be scientific, concise, simple, and suitable to the form of children's opinion collection.

- Select children to participate in the consultation to ensure that they are representative of the region, ethnic group, age, gender, religion, and children with special circumstances; consult the children or the representatives of the group of children directly affected by the text in accordance with the child's maturity and development.

- Training or providing information to the person who collects children's opinions on the purpose, requirements, content, and form of the consultation.

- Issue documents guiding or requesting cooperation in collecting opinions from children.

- Prepare conditions on facilities suitable to the form of children's opinion collection.

(Article 4 of Circular 36/2018/TT-BLDTBXH)

(2) Step 2: Organize children's opinions

- The agency in charge of drafting documents directly organizes the collection of children's opinions through one or more of the following forms:

+ Children's opinion form;

+ Forums, conferences, seminars and talks;

+ Via telephone;

+ Through the network environment;

+ Other forms in accordance with the provisions of law.

- Agencies and organizations collecting the opinions of children; The person who collects the children's opinions provides the children with the following basic information:

+ Purpose and request children's opinions;

+ Content that needs to be consulted by children;

+ Guide and explain to children information related to the content to be consulted and other content that children are interested in.

- In the process of collecting children's opinions, it is necessary to ensure the timely provision and explanation of information and support for children.

- In case the agency in charge of drafting documents does not directly organize the collection of children's opinions, it shall comply with the provisions of Clause 2, Article 49 of Decree No. 56/2017/ND-CP.

- Organizations representing children's voices and aspirations, such as the Vietnam Association for the Protection of Children's Rights, collect children's opinions through one or more prescribed forms in Clause 1 and Clause 2, Clause 3, Article 5 of Circular 36/2018/TT-BLDTBXH.

(Article 5 of Circular 36/2018/TT-BLDTBXH)

(3) Step 3: Synthesize, explain, and understand the children's opinions

- The agency in charge of drafting the document fully synthesizes the children's opinions into the explanation content, and receives the opinions of agencies, organizations, and individuals in the documents submitted for appraisal and verification; understands appropriate comments, supplements and amends the draft document before promulgating it or submitting it to a competent authority for promulgation; and explains unresolved comments.

- In case the organization representing the voices and aspirations of children, the Vietnam Association for the Protection of Children's Rights, collects the opinions of children at the request of the agency in charge of drafting the document, it should send a document summarizing the results of the children's opinion collection to the agency in charge of drafting the document. The agency in charge of drafting the document shall receive the summary document and comply with the above provisions.

(Article 6 of Circular 36/2018/TT-BLDTBXH)

(4) Step 4: Information and feedback on children's opinions

- The agency in charge of drafting information documents responds to the receipt of children's opinions through one or more of the following forms:

+ Forums, conferences, seminars, talks, press conferences;

+ Via telephone;

+ Through the network environment;

+ Mass media;

+ Send documents to schools, communities, and localities where children's opinions are collected for public posting;

+ Other forms in accordance with the provisions of law.

- In case the agency in charge of drafting documents collects opinions from children through an organization representing children's voices and aspirations or the Vietnam Association for the Protection of Children's Rights, send written information and feedback on the reception of children's opinions to the Organization representing the voices and aspirations of children, the Vietnam Association for the Protection of Children's Rights to provide information and feedback for children through one or more of the above methods.

(Article 7 of Circular 36/2018/TT-BLDTBXH)

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