The surrogate family is a new form stipulated in Article 3 - Law on Child Protection, Care and Education 2004 "is a family or individual that takes care of and raises children in special circumstances", and between members also forms a relationship similar to a real family.
The State's viewpoint is that the care and upbringing of children in especially difficult circumstances is carried out mainly at home or in a foster home with a commitment to support individuals and families who adopt them. This support policy is for families and individuals who adopt orphans and abandoned children according to Decision No. 38/2004/QD-TTg. The conditions for implementation are that individuals and families who adopt children must ensure that children go to school, are cared for, treated equally, and must provide guardianship for children according to the provisions of law, strictly prohibiting child abuse and forcing children to work too hard. Adopting orphans and abandoned children must have the consent of the guardian (if the orphan is under 9 years old), and the consent of the child (9 years old or older). They receive a minimum support of 240,000 VND/month/child, for children under 18 months old the support level is 300,000 VND/month/child; adopting children under 18 months old with disabilities or HIV/AIDS is subsidized 360,000 VND/month [5].
From a legal perspective, the relationship between family members is most specifically expressed in the provisions on child support between family members based on blood, marriage or foster relationships. Those who are raising children according to the provisions of Articles 47 and 48 of the Law on Marriage and Family include: paternal and maternal grandparents who are raising orphans, in cases where there are no parents or siblings; biological brothers and sisters who are raising younger siblings in cases where there are no parents [6]. Financial assistance is considered when grandparents (paternal and maternal), biological brothers and sisters (who are the subjects according to the provisions on the obligation to provide child support) are not able to afford it.
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Regulations on the Care and Protection of Children in Difficult Circumstances -
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Managing child care and education activities at the Center for Comprehensive Social Protection and Social Work of Bac Kan province - 16 -
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to raise, to help families reduce financial difficulties in the process of caring for and raising children in especially difficult circumstances until they are 15 years old.
Formally, orphans and abandoned children are placed with foster families or assisted living facilities. Other groups in the group are also legally mandated to protect and care for their development.
Children with disabilities, handicapped children; and children who are victims of toxic chemicals due to physical or intellectual disabilities will be assisted, cared for by their families, the state and society, and given conditions for early detection, treatment and rehabilitation. They are also admitted to integrated classes at general schools in the education system for normal children. Classes for children with disabilities are also organized to meet their learning needs because for children with this disability, it requires special methods or equipment suitable to their circumstances (for example: sign language classes, cultural studies, vocational training, etc.). And they are encouraged to participate in social activities at school and in the community. What needs to be done to help children with disabilities and handicaps specifically is: raising awareness and responsibility of people, officials, civil servants at all levels and sectors about children with disabilities, handicapped children, children who are victims of toxic chemicals. The State implements social welfare policies, medical assistance, education, combined with community mobilization to support and provide alternative care for children. Support orthopedics and rehabilitation, support vocational training, create jobs for children in especially difficult circumstances at their place of residence, and cooperate with agencies and businesses on employment for children.
Children infected with HIV/AIDS must be guaranteed not to be discriminated against in the community. The law prohibits acts of discrimination against people infected with HIV and their families. The state and society also create conditions for children to receive treatment and do necessary tests. For children infected with HIV/AIDS, the form of care can be at the child's family. If the care at home is difficult, the children will be placed in child support facilities with more specialized equipment and caregivers, thus, the quality of care will be better for their health. Families and family members with children infected with HIV/AIDS are responsible for raising, caring for, and encouraging them, and coordinating with agencies, organizations and the community in HIV/AIDS prevention; at the same time, creating conditions and helping children infected with HIV/AIDS participate in activities to reintegrate into the community such as participating in peer education groups and clubs for people infected with HIV/AIDS. Decision 313/2005/QD-TTg dated December 2, 2005 of the Prime Minister stipulates the regime for children infected with HIV/AIDS as follows:
- Children infected with HIV/AIDS being cared for at State social protection facilities are entitled to a minimum subsidy of VND 210,000/month/child; and are supported with infection treatment at the level of VND 210,000/month/child.
130,000 VND/person/year (Decision No. 96/2007/QD-TTg dated June 28, 2007).
- Children infected with HIV/AIDS living in the community, managed by the commune or ward, receive a minimum regular allowance of 65,000 VND/month/child.
- Children infected with HIV/AIDS who are abandoned, homeless, and no longer able to take care of themselves will be cared for and raised at facilities.
social welfare facilities (also known as support facilities). Religious organizations, non-governmental organizations and other organizations are allowed to establish facilities to care for people living with HIV. Prevention of infection is an activity to protect children and protect the community from this disease of the century.
Children infected with HIV/AIDS under 6 years old are provided with primary health care and free anti-HIV drugs. Children aged 6 to under 16 years old infected with HIV/AIDS are given first priority in the provision of anti-HIV/AIDS drugs funded by the state budget; and are facilitated to access anti-HIV drugs through participation in appropriate projects and programs. Doctors and health workers are responsible for treating children, and must explain to them about the disease so that they can take care of their own health and prevent the infection from spreading to others.
Children who have to do hard, dangerous work, are exposed to toxic substances, and children who have to work far from their families are given the opportunity to learn a trade and do work suitable to their health and age; receive health care, education, and moral training; and must immediately stop doing work that is dangerous, hard, and harmful to their health. Children who live far from their families, based on their condition after overcoming the consequences of the violation, will be considered for creating conditions to continue living and doing work suitable to their age and health, or to return to their families, or to be placed in a support facility.
Children who are sexually abused are not only physically injured, but also psychologically injured. Therefore, this group needs to be helped with psychological counseling (reproductive health counseling, legal counseling, and counseling on preventing sexual abuse for children appropriate to their age); restore health for children who are victims of sexual abuse under the guidance of professional organizations; create conditions for them to have a life.
live a stable life. Families and local authorities organize propaganda, education, prevention on mass media, community activities..., promptly detect and denounce to competent state agencies for handling.
Children addicted to drugs: Families with drug addicts need to cooperate and comply with the doctor's instructions during the drug addiction treatment (voluntary or compulsory) for the child. When detecting any acts of seduction, deception, or enticement, it is necessary to immediately report to the local authorities to combat illegal drug-related activities... Care and drug addiction treatment are carried out at home or at a specialized drug addiction treatment facility. During the drug addiction treatment process, create conditions for participation in healthy activities. Drug addiction is very easy to relapse, so protecting children from drug sources is important.
Children in conflict with the law : the education of children in conflict with the law is mainly carried out in the community. In addition, children can be educated at special assistance facilities (reform schools). For children who have to serve a sentence under criminal law, or are subject to administrative or civil liability, after serving their sentence, they will return to the community and will be given conditions and assistance to continue their education, vocational training and support in finding a job.
- The provisions of the criminal law on the responsibility of children are stipulated in Article 12 and Article 69 (Penal Code 1999) for very serious intentional crimes (children from 14 years old but under 16 years old). Over 16 years old, children must bear criminal responsibility for all crimes they commit. Juveniles who commit crimes are mainly punished mainly to educate and help them correct their mistakes, develop healthily and become useful people for society. Criminal offenses of minors are applied according to the new Law, meaning "no life imprisonment"
life imprisonment or death penalty, and also no fine shall be imposed on juvenile offenders between the ages of 14 and 16.
- Children from 14 to under 16 years old who commit administrative violations will be subject to a warning. If the child is from 16 to 18 years old, the administrative violation of the child can be subject to an administrative penalty as per Article 12 of the 2002 Ordinance on Handling of Administrative Violations.
When children violate and cause damage, Articles 606 and 621 of the Civil Code stipulate that parents must compensate for all damages, except in the following cases: in the case of children under 15 years old who cause damage while studying at school, the school must compensate for the damage; in the case of people who have lost civil act capacity (disabled children, mentally disabled children) causing damage to others while being directly managed by a hospital or another organization, the hospital, organization, or guardian must compensate for the damage. If schools, hospitals, organizations, or guardians can prove that they are not at fault in management, they do not have to compensate for the damage. People who are 15 years old but under 18 years old who cause damage must compensate with their own property; if it is not enough, the parents must compensate for the remaining amount. In the case of minors or people who have lost civil act capacity causing damage, the guardian must use his or her own property to compensate.
This shows the desire to bring children back to integrate into the community, to help them live in the physical and mental development conditions of the state on the basis of ensuring the right to care, nurture and the right to live with their parents and family. Not all children in especially difficult circumstances are raised in support facilities, only those who are not cared for, nurtured, and have no place to rely on.
at home or a new family living in a child support facility. These facilities are established to protect, care for and educate children in special circumstances. The procedures and activities of this facility are in Chapter IV (pp. 211-214) to carry out the following tasks: organizing care and nurturing; medical consultation and treatment, inclusive education, vocational training, etc.
Finance for the care and protection of children in particularly difficult circumstances comes from two sources: the state budget and contributions from domestic and foreign organizations and individuals. The above financial sources are used to support management activities and provide direct assistance to children in two forms: regular support and ad hoc support.
Regarding regular support, according to Decree 67/2007/ND-CP, the source of regular support funds in the community, funding for nurturing, management, and basic construction investment of protection facilities (also known as support facilities as explained in the Law on Child Protection, Care and Education 2004) or social houses in the community at which level is guaranteed by the budget of that level according to the current decentralization of the State Budget Law. This regulation has enhanced the initiative and responsibility of agencies and individuals in managing and using state budget sources, and at the same time must grasp the changing situation of children in especially difficult circumstances in their locality.
For emergency support, Decree 67 also gives local authorities the right to proactively balance the budget. Assistance from domestic and foreign organizations and individuals can be provided directly to localities or through the Government or social organizations. In case the above funding source is not sufficient to carry out emergency relief, the Chairman of the People's Committee of the province or centrally-run city must report to the Ministry of Labor, War Invalids and Social Affairs.
and the Ministry of Finance submits to the Prime Minister for consideration and decision on additional support from the central State Budget.
Diversifying the above forms of support helps maximize resources to improve the quality of care and protection for children in especially difficult circumstances, aiming to achieve the goals expected by the Law on Child Protection, Care and Education 2004.
Subjects implementing care and protection for children in difficult circumstances
The State promulgates laws, and to enforce those regulations in society, there must be people to monitor, supervise, and handle violations when they occur. Regulations on child care and protection are also enforced by people (in a broad sense) to ensure that children's rights are realized in life. The Millennium Declaration of 2000 emphasized the responsibility of the world community for the implementation of children's rights: "...as leaders, we have responsibilities and duties towards the people of the world, especially towards the most vulnerable, especially children, whose future will depend on them "[25]. Implementing the provisions of international treaties that Vietnam has participated in, as well as the provisions of national law in the field of care and protection of children in especially difficult circumstances, has placed responsibility on the shoulders of all individuals, agencies and organizations because the subjects regulated by law are people in especially difficult circumstances and vulnerable in society.
The law always promotes and affirms the role of the family in the work of health care and protection of children, because children are members of that family, and there is a close relationship between family members in all aspects. The family has the first responsibility in raising and protecting children right from the beginning.