Regulations on the Care and Protection of Children in Difficult Circumstances

legitimate and legal rights of children and ensure that children's rights and obligations are implemented in the best way and in accordance with the provisions of law.

The principle of diversifying and socializing activities to care for and protect children in difficult circumstances. Originating from the differences in the causes leading to children's difficult circumstances, leading to a diversity of care and protection needs depending on subjective, objective, or economic, social causes... Each cause will form groups of subjects with different care and protection needs. There are groups that need spiritual care and protection, and there are groups that need material care and protection. Even within each group of subjects, the needs for care and protection are not always the same. Therefore, care and protection for children in especially difficult circumstances must be carried out in a diversified manner to ensure the goal of caring for and protecting children.

Based on the blood relationship, the implementation of child care and protection belongs first of all to the family, then the responsibility of the school, the state, society and citizens (Article 5 - Law on Child Protection, Care and Education). However, with the function of managing and officially representing the whole society, with the task of creating political stability, developing the economy - culture - education to make the country more and more progressive, the State needs to have policies to care for the lives of all people in society, especially children in especially difficult circumstances - a vulnerable group in society. The State's care for children in special circumstances is also only carried out to a certain extent, in accordance with the ability to respond and the socio-economic conditions of the country. Therefore, the role of the community is emphasized. Determining the socialization of activities to care for and protect children in difficult circumstances is inevitable and suitable to reality. Guarantee of mechanisms, policies,

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and material guarantees from the state, along with maximum mobilization of other resources in society, not only promote the effectiveness of caring for and protecting children in difficult circumstances but also help members of society have closer relationships with each other, promoting the tradition of mutual love and support of the community.

2.1.3. Regulations on care and protection of children in difficult circumstances

Activities to care for children in especially difficult circumstances focus on overcoming the consequences by promptly resolving and alleviating the special circumstances and difficulties of the children.

Care, expressed first of all, is to ensure the safety of life, to ensure the right to survival of children not as objects but as subjects of civil law. As presented in Chapter I, although the law recognizes children as citizens and has civil legal capacity from birth, the law also regulates health care activities for children from the time they are in the womb. In order to specify the right to survival of children, and at the same time ensure the implementation of the right to health care during pregnancy and childbirth at medical facilities [Articles 44, 10] , the State has implemented health care programs for pregnant mothers in recent years.

Right to birth

Over time, the birth of a child is associated with the right to birth registration (Article 29 - Civil Code 2005). Birth registration is the act of determining the personal status of a child: having a nationality, a full name and ethnicity... The right to birth registration and the right to nationality are not simply the legal and social recognition of a new member of the community, but

It is also the protection of the civil rights of children as subjects with civil legal capacity in the national legal system. The Law on Protection, Care and Education of Children specifies the provisions of the Civil Code on the responsibilities of parents and guardians in registering the birth of children in Article 23.

Regarding birth registration for abandoned children, there are 2 cases: children abandoned at birth and abandoned children who are not newborns. For abandoned children at birth, birth registration will be resolved as follows: “…within 30 days from the time of discovering an abandoned newborn child, if the biological parents cannot be found, the individual or organization that adopts the child must register the birth of that child at the People's Committee of the commune where the record is made” – Decree 83/1998/ND-CP. During those 30 days, the People's Committee of the commune where the record is made is responsible for announcing on the local radio or television station to find the biological parents of the child. This announcement will be broadcast free of charge 3 times in 3 consecutive days. In the case of abandoned children who are not newborns, the procedures will be the same as for abandoned newborns, however, the information in the birth certificate will be recorded according to the child's declaration. At the same time, to facilitate the right to birth registration for children, the state has a policy of exempting birth registration fees for children from poor households. Children who are abandoned have the right to request identification of their parents even if their parents are dead. The Court will coordinate with the Department of Population, Family and Children and the Women's Union to resolve the child's request.

The right to live with parents, and the right to be cared for and raised

These rights are recognized in Article 41 of the Civil Code and specified in the Law on Marriage and Family (Article 36), and the Law on Protection, Care and Education of Children 2004 (Articles 12 and 13). The law recognizes living with family, and

Being cared for and nurtured is a basic right of children, and no one has the right to force children to live separately from their parents, unless such separation is necessary and in the child's best interests. Cases where children are forced to live separately from their parents include:

- The father and mother are being detained, imprisoned or serving a prison sentence. At that time, the children will be cared for and raised by competent state agencies and socio-political organizations, except for children under 36 months of age (children under 36 months of age will live with their parents in detention, temporary detention or prison sentences because they are too young).

- Parents are restricted by the Court's decision to have parental rights over their minor children or to not allow parents to care for, raise, or educate their children. In this case, during the enforcement of the Court's decision, children are assisted and protected in their interests or are provided with alternative care and education. People's Committees at all levels are responsible for organizing alternative care and education for children who must live apart from their parents in the form of handing over to relatives of the children, to alternative families or to local child support facilities for alternative care and education. At the same time, competent child protection and care agencies at all levels are responsible for verifying the living conditions, circumstances, and economic capacity of relatives, alternative families, and child support facilities to propose alternative care and education for children who must live apart from their parents; Monitor the living conditions of children after being handed over to alternative caregivers to ensure that children are raised and cared for in a good environment, and have timely support policies if alternative caregivers encounter difficulties.

- Children are decided to be sent to reform schools, educational facilities, drug rehabilitation facilities... In this case, parents and guardians have the responsibility

The responsibility is to regularly visit, encourage and help children; the place where the child is serving the decision must create conditions for the child to maintain contact with the family and connect with the locality to help the child reintegrate into the community when returning.

The situation of being forced to live in isolation from the family environment and lacking care and affection from the family is a great disadvantage for the development of children. Unable to take care of themselves, unable to provide for their own basic needs, children in especially difficult circumstances are in great need of social care. Guardian/legal representative is a principle of law for children because of the awareness of the role of the family as the cradle of nurturing people. The surrogate family is also a very new regulation to create a family model to nurture and care for, protect children in especially difficult circumstances of the Law on Protection, Care and Education of Children 2004. The surrogate family is a family or individual who takes care of, nurtures children in special circumstances, including: adoption, guardianship (Law on Protection, Care and Education of Children). Adoption and guardianship must comply with the provisions of the Civil Code and the Law on Marriage and Family.

Article 67 of the 2000 Law on Marriage and Family states: adoption is the establishment of a parent-child relationship between the adoptive parent and the adoptee, ensuring that the adoptee is looked after, raised, cared for, and educated in accordance with social ethics.

Meanwhile, guardianship is the work of an individual or organization prescribed by law or appointed to take care of and protect the legitimate rights and interests of minors... (Article 58 of the Civil Code). Specific requirements for guardians and adoption are specified in detail in Section 4, Chapter III of the Civil Code, and Chapter VIII of the Law on Marriage and Family. Guardians must meet the following conditions: have full civil act capacity

sufficient, morally qualified... (Article 60 of the Civil Code); the natural guardian of a minor is the child's parents, siblings, grandparents or other relatives. When there is no natural guardian, the People's Committee of the commune or ward where the child resides is responsible for appointing a guardian or proposing an organization to undertake guardianship. Guardianship for children in particularly difficult circumstances is demonstrated by their responsibility to care for and educate the child; represent the child when the child participates in civil relations (inheritance, management of the child's private property...) and litigation relations (when the child violates the law, or represent the child in conducting litigation activities for the child's legitimate rights and interests) - Article 65 of the 2005 Civil Code.

The regulation that children (or minors) must have a legal guardian/representative as well as encouraging the adoption of orphans, abandoned children and disabled children, besides the humanitarian meaning of encouraging community participation in child care and protection activities, also identifies individuals directly involved in child care, as well as protecting children when violations occur, in order to maximally protect the legitimate rights and interests of children, especially children in especially difficult circumstances. These people are responsible for protecting the legitimate rights and interests of children - the "weak" people in social relationships.

Right to health care

Caring for and protecting children in particularly difficult circumstances is demonstrated by ensuring that their rights are enforced. Health care is recognized by civil law as the right to ensure the safety of life, health, and body of citizens (Article 32 of the Civil Code). Article 15 “Children have the right to health care and protection” [12] . Children in particularly difficult circumstances are in great need of primary health care and medical examination.

treatment. With the policy of helping children access medical services when they are sick, the state has regulations that children in especially difficult circumstances living in the community do not have to pay for medical examination and treatment at state medical facilities, and are provided with medicine and humanitarian medical examination and treatment services.

Health care is very important for children in especially difficult circumstances, especially for disabled children; children who have had work accidents, children who do hard work, children who have been sexually abused... Children in especially difficult circumstances are given the opportunity to detect diseases early, receive treatment, and receive rehabilitation.

For disabled children, the need for orthopedic and rehabilitation is very high. To reduce the financial burden on them, the law stipulates that disabled children are provided with prosthetic limbs and orthopedic devices free of charge, paid for by the local budget. Children infected with HIV/AIDS are supported in the treatment of opportunistic infections. Children who have occupational accidents or are sexually abused are considered for support in the costs of medicine, examination, treatment, and rehabilitation of health and psychological injuries. In addition to taking care of children with poor health, the 2004 Law on Child Protection, Care and Education also mentions the prevention of harm to children's health: "prevent, gradually reduce and gradually reduce by 2010 the number of children who are sexually abused".

Right to education

Along with health care, children are also given attention to their intellectual development. Learning is both a right and an obligation of children recognized by law. Education is the driving force for the development of the country's human resources. The Constitution itself stipulates that children have the right to

education and they are obliged to study according to the universal primary and secondary education program as prescribed in Article 11 - Education Law 2005. In general, children in especially difficult circumstances are taken care of quite well. They are exempted from tuition fees, supported with school supplies or contributions... Specifically for each group as follows:

- Orphans are exempted from 100% of tuition fees and school construction contributions and are given a one-time minimum of 120,000 VND/year/student to buy books, notebooks, and school supplies.

- Disabled children are entitled to a minimum 50% reduction in tuition fees and school construction contributions. In poor cases, tuition fees and school construction contributions are exempted by 100%, and are also granted a minimum

120,000 VND/time/year to buy books... Children with disabilities are allowed to participate in integrated education at general schools or specialized schools for the disabled. In particular, gifted children will be given priority to be admitted to gifted schools (Article 16 - Ordinance on the Disabled 1998).

In order to help children in especially difficult circumstances easily integrate into the community when they grow up, in addition to educational support, the state also has a policy to support vocational training. On June 20, 2007, the Ministry of Finance - Ministry of Labor, War Invalids and Social Affairs issued Joint Circular No. 68/2007 guiding the management of funds to implement Decision No. 65/2005/QD-TTg dated March 25, 2005 on approving the project "Community-based care for children in especially difficult circumstances for the period 2005 - 2010". According to this Circular, orphans with no place to depend on, abandoned children, severely disabled children, children who are victims of toxic chemicals, children infected with HIV/AIDS, if they are between 13 and 16 years old, healthy, and want to learn a trade, will be introduced to short-term vocational training and be

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