Laws of Vietnam

Pursuant to the Law on Organization of the Government on the 30th of September, 1992;

Pursuant to the Law on the Protection, Care and Education of the Child on the 16th of August, 1991, and Decree No.374-HDBT on the 14th of November, 1991 of the Council of the Ministers (now the Government) detailing the implementation of the Law on the Protection, Care and Education of Children;

At the proposal of the Minister in charge of Child Protection and Care, and the Minister-Chairman of the Government Commission on Organization and Personnel.

Article 1.- The Vietnam Committee for Child Protection and Care is an agency attached to the Government, having the function of assisting the Government in the exercise of State management over the protection, care and education of children, guiding, controlling, supervising and organizing the cooperation of action among the State agencies, the people's and social organizations and the concerned economic organizations for the realization of the task of protecting, caring and educating children.

Article 2.- The Vietnam Committee for Child Protection and Care has the following tasks and powers:

1. To take the initiative and collaborate with the concerned agencies in elaborating the strategy, programs, projects and plan for caring, protecting and educating children on the national scale; and to organize and in collaboration with the State agencies, the people's and social organizations to implement these programs, projects and plan.

2. In collaboration with the concerned agencies to elaborate and submit to the Government draft bills, ordinances and policies regarding the protecting, care and education of children; to issue under its jurisdiction documents to guide and inspect the branches and localities in the implementation of the laws and policies of the State on the protection and care of children; to arrange the coordination among the ministries, branches and localities, mass organizations and the mass media, in the dissemination and explanation of the laws and policies of the State on the protection and care of children.

3. To coordinate with the State Planning Committee and the Ministry of Finance in elaborating and submitting to the Government the financial plan for the realization of the program of action for the benefits of children; to guide and control the use of the funds devoted to this program according to the approved targets and plans.

4. To report to the Government its participation in the international organizations, the signing and ratification of international treaties and conventions on children; to organize the implementation of international cooperation program for children according to Government regulations; to take part in international conferences and seminars on children with the consent of the Prime Minister.

5. To manage a number of internationally funded or aided programs and projects for the benefits of children according to the regulations of the Prime Minister.

6. To provide training and guidance in the management of the projects and programs of action for the benefits of children for the officials and workers assigned with the protection and care of children at all levels.

7. To manage and use the Child Support Fund at the Center, to guide and control the management of the use of the Child Support Fund at various levels and in various branches.

8. To carry out the function of inspecting the implementation of the Law on the Protection, Care and Education of Children; to coordinate with the concerned agencies in controlling the implementation of the laws and policies of the State regarding children, and propose measures of handling the violations of these laws and policies.

Article 3.- The Vietnam Committee for Child Protection and Care is composed of:

- The Chairman (or Chairwoman)

- The full-time Deputy Chairman (Chairwoman), the Deputy Chairmen or Chairwomen who are representatives of the Ministry of Education and Training, the Ministry of Health, the Central Committee of the Vietnam Women's Union, and the Central Committee of the Ho Chi Minh Communist Youth Union.

- The half-time Members who are representatives of the leadership of the various ministries, branches and mass organizations, i.e. the State Planning Committee, the Ministry of Finance, the Ministry of Foreign Affairs, the Ministry of Labor, War Invalids and Social Affairs, the Ministry of Justice, the Committee for Population and Family Planning, the Ministry of Defense, the Ministry of the Interior, the General Department for Physical Training and Sports, the General Statistics Department, the Vietnam Fatherland Front, the Vietnam General Confederation of Labor, the Vietnam Peasants Association, the VIetnam Red Cross, the Vietnam Union of Writers and Artists, and the Council of Ho Chi Minh Young Pioneers Organization.

Article 4.- Tasks and powers of the members of the Vietnam Committee for Child Protection and Care:

- The Chairman (Chairwoman) and the full-time Deputy Chairman (Chairwoman) are appointed and dismissed by the Prime Minister. The half-time Deputy Chairmen (Chairwomen) and half-time Members are appointed by the various agencies.

- The Chairman (Chairwoman) is responsible before the Prime Minister for the whole work of the Committee. The full-time Deputy Chairman (Chairwoman) assists the Chairman (Chairwoman). He/she is assigned by the Chairman (Chairwoman) the direction of a number of aspects of work and takes responsibility before the Chairman (Chairwoman) for the task assigned to him/her.

- The half-time Deputy Chairmen (Chairwomen) and Members of the Committee have the responsibility to take part in all meetings of the Committee, take part in the discussion and decision of the undertakings of the Committee, and take responsibility for the share of work assigned to his/her ministries, branches or mass organizations in the protection, care and education of children as assigned by the Committee.

A. Organization of the specialized apparatus of the Vietnam Committee for Child Protection and Care. It comprises:

1. The Office.

2. The Inspectorate of the Protection and Care of Children.

3. The Department for Planning-Finance and Management of Programs.

4. The International Relations Department.

B. The units directly under the Committee:

1. The Child Support Fund.

2. The magazine "Vi Tre Tho" (For the Young Generation).

The tasks, powers and working procedures of the above-named units shall be defined by the Chairman (Chairwoman) of the Committee.

Article 6.- Organization of the apparatus for the protection and care of children at different levels:

a/ In the Ministries having many activities related to the protection, care and education of children such as the Ministry of Health, the Ministry of Education and Training, the Ministry of Culture and Information, and the Ministry of Labor, War Invalids and Social Affairs, there should be a full-time official to assist the Minister in following up, supervising and inspecting the implementation of the Law on the Protection, Care and Education of Children, and in the implementation of the Government program of action on children.

b/ The provinces and cities directly under the Central Government shall set up the Committee for Child Protection and Care directly under the People's Committee. The President or Vice President of the People's Committee shall assume the post of Chairman (Chairwoman) of the Committee, or full-time Deputy Chairman (Chairwoman). The Members of the Committee for Child Protection and Care shall be nominated by the President of the People's Committee in consultation with the Central Committee for Child Protection and Care. The Committee at the provincial level shall have a full-time Deputy Chairman (Chairwoman) and a number of assistant specialists to be nominated by the President of the People's Committee.

c/ The district or equivalent administrative unit shall set up a Committee for Child Protection and Care, directly under the People's Committee, and headed by the President or Vice-President of the People's Committee. It shall have an assistant specialist posted at the Office of the People's Committee.

d/ The commune, ward and equivalent unit shall also set up its Committee for Child Protection and Care directly under the People's Committee, and headed by the President or Vice-President of the People's Committee, and with an assistant selected from among the administrative staff of the commune or ward.

e/ At the offices and enterprises, the protection and care of children should be incorporated into the work program of the unit, and put under the charge of a leading official of the unit assisted by the specialized services of the unit.

Article 7.- This Decree takes effect as from the date of its promulgation. Decree No.362-HDBT on the 6th of November, 1991 of the Council of Ministers, and other earlier regulations contrary to this Decree are now annulled.

Article 8.- The Chairman of the Vietnam Committee for Child Protection and Care, the ministers, the heads of ministerial-level agencies, the heads of the agencies attached to the Government and the presidents of the People's Committees of the provinces and cities directly under the Central Government shall have to implement this Decree.