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Viet Nam - Periodic reports of States parties due in 1997: Addendum [2002] UNCRCSPR 12; CRC/C/65/Add.20 (5 July 2002)
UNITED NATIONS
|
|
CRC
|
|
Convention on the Rights of the Child
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Distr. GENERAL
CRC/C/65/Add.20 5 July
2002
Original: ENGLISH
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COMMITTEE ON THE RIGHTS OF THE CHILD
CONSIDERATION OF
REPORTS SUBMITTED BY STATES PARTIES
UNDER ARTICLE 44 OF THE
CONVENTION
Periodic reports of States parties due in 1997
VIET
NAM[*]
[10 May 2000]
CONTENTS
Paragraphs Page
List of abbreviations
5
Introduction 1 - 21 6
I. GENERAL MEASURES OF IMPLEMENTATION
22 - 48 10
A. Harmony between the Convention and
national
legislation 22 - 24 10
B. Issuance of appropriate
policies 25 - 28 11
C. Strengthening the mechanism of planning,
implementation
and monitoring 29 - 32 12
D. Strengthening the
dissemination of the Convention on the
Rights of the Child 33 -
42 13
E. International cooperation 43 - 48 15
II. DEFINITION
OF THE CHILD 49 - 51 16
III. GENERAL PRINCIPLES 52 -
89 16
A. Non-discrimination (art. 2) 52 - 60 16
B. The best
interests of the child (art. 3) 61 - 72 19
C. The right to life,
survival and development (art. 6) 73 - 83 21
D. Respect for the views
of the child (art. 12) 84 - 89 23
IV. CIVIL RIGHTS AND FREEDOMS 90 -
120 24
A. Name (art. 7) 90 - 93 24
B. Preservation of
personal identity (art. 8) 94 - 95 25
C. Freedom of expression (art.
13) 96 - 99 27
D. Freedom of thought, conscience and religion (art.
14) 100 - 101 27
E. Freedom of association and peaceful assembly
(art. 15) 102 - 103 28
CONTENTS (continued)
Paragraphs Page
F. Protection of privacy
(art. 16) 104 - 105 28
G. Access to appropriate information (art. 17)
106 - 112 28
H. The right not to be subjected to torture or other
cruel,
inhuman or degrading treatment (art. 37 (a)) 113 -
120 30
V. FAMILY ENVIRONMENT AND ALTERNATIVE CARE 121 -
162 31
A. Parental guidance (art. 5) 121 -
129 31
B. Parental responsibilities (art. 18, paras. 1 and 2) 130 -
134 33
C. Separation from parents (art. 9) 135 -
138 33
D. Family reunification (art. 10) 139 -
143 34
E. Illicit transfer and non-return (art. 11) 144 -
146 35
F. Recovery of maintenance for the child (art. 27, para. 4)
147 - 149 35
G. Children deprived of a family environment (art. 20)
150 - 153 36
H. Adoption (art. 21) 154 -
159 36
I. Periodic review of placement (art. 25) 160 -
162 37
VI. BASIC HEALTH AND WELFARE 163 - 205 38
A. Disabled
children (art. 23) 163 - 173 38
B. Health and health services (art.
24) 174 - 198 40
C. Social security and childcare services and
facilities
(art. 26 and art. 18, para. 3) 199 -
201 47
D. Standard of living (art. 27, paras. 1-3) 202 -
205 48
VII. EDUCATION, LEISURE AND CULTURAL ACTIVITIES 206 -
227 48
A. Education (arts. 28-29) 206 - 221 48
B. Leisure,
recreation and cultural activities (art. 31) 222 - 227 52
CONTENTS (continued)
Paragraphs Page
VIII. SPECIAL PROTECTION
MEASURES 228 - 297 53
A. Children in situations of emergency 229 -
231 53
1. Refugee children (art. 22) 229 -
230 53
2. Children in armed conflicts (art. 38)
231 54
B. Administration of juvenile justice (art. 37) 232 -
240 54
C. Children in situation of exploitation, including physical
and
psychological recovery and social reintegration (art. 39) 241 -
280 56
1. Economic exploitation, including child labour
(art.
32) 245 - 257 56
2. Drug abuse (art. 33) 258 -
266 58
3. Sexual exploitation and sexual abuse (art. 34) 267 -
275 60
4. Sale, trafficking and abduction (art. 35) 276 -
280 62
D. Children belonging to a minority or an indigenous
group
(art. 30) 281 - 297 63
IX. CONCLUSION 298 -
305 66
List of abbreviations
|
Acquired Immune Deficiency Syndrome
|
APEC
|
Asia Pacific Economic Cooperation
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ARI
|
Acute Respiratory Infection
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ASEAN
|
Association of South-East Asian Nations
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CBR
|
Community Based Rehabilitation
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CDD
|
Control of Diarrhoea Diseases
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CPVN
|
Communist Party of Viet Nam
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CPCC
|
Committee for the Protection and Care of Children
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CRI
|
Child Rights Indicators
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EPI
|
Expanded Programme on Immunization
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GSO
|
General Statistics Office
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HIV
|
Human Immunodeficiency Virus
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IDA
|
Iron Deficiency Anaemia
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IDD
|
Iodine Deficiency Disorder
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IMR
|
Infant Mortality Rate
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INTERPOL
|
International Criminal Police Organization
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NCFAW
|
National Committee for the Advancement of Women
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MMR
|
Maternal Mortality Rate
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MOET
|
Ministry of Education and Training
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MOH
|
Ministry of Health
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MOJ
|
Ministry of Justice
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MOLISA
|
Ministry of Labour, Invalids and Social Affairs
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MPS
|
Ministry of Public Security
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NGO
|
Non-governmental organization
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NPA
|
National Programme of Action
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PEM
|
Protein Energy Malnutrition
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SRVN
|
Socialist Republic of Viet Nam
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UNAIDS
|
Joint United Nations AIDS Programme
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UNHCR
|
Office of the United Nations High Commissioner for Refugees
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UNICEF
|
United Nations Children’s Fund
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VWU
|
Viet Nam Women’s Union
|
YPO
|
Young Pioneers Organization
|
Introduction
Some characteristics of the country in 1993-1998
- In
the beginning of 1999, the population of the Socialist Republic of Viet Nam
(called Viet Nam) was over 76.3 million, of which children
under 16 comprised
approximately 40 per cent (preliminary result of the census conducted
on 1 April 1999). Over the last years,
population and family planning
programmes have achieved encouraging results. In 1998, the population growth
rate was about 1.7 per
cent. However, over 1 million children are born each
year in Viet Nam, while the average life expectancy has increased to more than
66. Administratively, Viet Nam comprises 61 provinces and cities, consisting of
600 districts
and 10,331 communes.
- Over
the years, Viet Nam has undergone many positive and comprehensive changes which
have had great impacts on the lives of the Vietnamese
people, including
children. These changes are the result of effective implementation of the
correct policy of renewal (doi moi), initiated by the Sixth National
Congress of the Communist Party of Viet Nam in 1986. Viet Nam’s
comprehensive doi moi policy has resulted in considerable political and
socioeconomic, cultural and civil achievements, creating favourable conditions
for the implementation of the Convention on the Rights of the
Child.
- The
legislative State of the Socialist Republic of Viet Nam, which is of the people,
by the people and for the people, has continued
to be strengthened. The 1992
Constitution, the 1995 Civil Code and other legislation have been issued to
confirm the fundamental rights of the citizen. Socialist democracy
has
continued to be promoted in many fields. Widening economic democracy has made
positive impacts on the liberation of production
forces, being an impetus for
economic development, and improving people’s lives. Important progress
has been made in the field
of political democracy which is reflected in the
people’s elected offices, the quality of the National Assembly meetings
and
People’s Councils at various levels, and at people’s discussions
on draft laws, press activities, etc. National political
stability has
facilitated social and economic development. The mass media have played an
important role in reflecting people’s
ideas and aspirations, helping to
ensure that the doi moi process fulfils its defined goals. The process
of democratization in the political and economic spheres has been gradually
changing
the way of thinking and the behaviour of citizens. People have paid
more attention to and shared with the State in solving social
problems.
Economic development provides favourable conditions for the realization of
social development objectives (including objectives
for children). In turn,
social development is a motive and ultimate objective for economic
development.[1]
- Political
stability and correct economic development policies have helped Viet Nam
maintain an average growth rate of 7.4 per cent
per year between 1991 and
1998.[2] Inflation was checked
(1994 - 14.4 per cent; 1998 - 9.0 per
cent).[3]
- Under
a socialist-oriented and State-managed market mechanism, a multisectoral economy
is being developed in Viet Nam. Economic and
social programmes have been
simultaneously implemented, and budgets have been allocated to achieve parity
between
different regions, with priority to disadvantaged, remote and mountainous
areas. Thanks to economic achievements, the material and
spiritual life of the
Vietnamese people has also been improved.
- During
the period 1993-1998, the State has supplemented, amended and promulgated a
number of important legal documents which conform
with a new period of national
development in Viet Nam and with those international treaties to which Viet Nam
is party. A stable
political situation has created favourable conditions for
socio-economic development. The Party and the State have always viewed
correct
social policies for human welfare as great motives to encourage people’s
creative potentials in the national construction.
Economic growth is closely
associated with social progress and justice which remains the basic guideline in
the process of defining
and implementing socio-economic policy in Viet Nam.
Therefore, over the past years, parallel with the implementation of economic
growth measures, the Government has realized a series of policies giving
priority to State budget allocation for human development,
employment, poverty
alleviation, supporting poor communes and areas for
development.
- Over
the last years, those national social programmes have made positive and profound
impacts in rural and urban areas.
- Concerning
employment, the State has created favourable conditions with regard to laws and
policy mechanisms to encourage local and
foreign investment to create more jobs.
The State has worked out a national programme on job creation by the year 2000
and set up
a national fund for employment promotion. At present, every year 1.2
million jobs are created.
- Concerning
the poverty alleviation programme, at present, the programme is under the
direction of the Government; on the other hand,
this programme is being
socialized step by step. The Government has worked out national programmes and
targets for poverty alleviation
for 1998-2000 and established a Bank for the
Poor. The percentage of poor households was reduced from 30.1 per cent in 1992
to 20.3
per cent in 1995 and 15.7 per cent in 1998. According to the United
Nations Human Development Report, Viet Nam has recorded relatively high
human development indicators as compared to its per capita
income.
- Education
constitutes a national policy and a top priority in Viet Nam. It is the cause
of the whole State and people. The State
budget for education increased from
12.7 per cent in 1995 to 15 per cent of the total State budget in 1998. In
addition, substantial
resources from the people have been mobilized. The
national system of general education has been developed and reached all
communes.[4] At present, Viet
Nam is one of those developing countries with highest literacy rate (93 per cent
of the population and 97 per cent
of the labour force). Many new schools have
been built in urban and rural areas.
- The
Government has developed a national health-care programme that targets the
elimination of certain social diseases and dangerous
epidemics, and the national
programme on the control and prevention of HIV/AIDS. The State has paid more
and more attention to the
development of health-care services, especially
primary health care and reproductive health. More than 90 per cent of the
population
have access to health-care services. The rate of expanded
immunization has been increased from 91 per cent in 1993 to 95 per cent
in 1998,
the child mortality rate under 1 year old has been considerably reduced from
43.3 per 1,000 in 1993 down to 39 per 1,000
in 1998. Child mortality under 5
years old decreased from 61.6 per 1,000 in 1995 to 48.5 per 1,000 in 1998. The
malnutrition rate
of children under 5 decreased from 45.6 per 1,000 in 1994 down
to 39.8 per 1,000 in 1998. Especially in recent years, the Government
has
invested more and more in the national programme on child malnutrition and the
national programme on the control and prevention
of HIV/AIDS.
- The
provision of clean water and sanitation, especially for rural areas, is one of
the areas receiving more and more priority from
the State. The Government has
worked out a national programme on rural safe water and sanitation. At present,
43 per cent of households
have access to clean water and 20 per cent of
households have sanitary facilities.
- Children
are the priority target in every State policy and programme. The Viet Nam
Women’s Union, social bodies and other mass
organizations have played an
increasingly significant role in national development and in supporting
charitable activities, women’s
emancipation, and the protection, care and
education of children. The second plenum of the eight session of the Central
Committee
of the Communist Party of Viet Nam (CPVN) in 1996 decided strategic
orientations, objectives and tasks up to the year 2000 relating
to extremely
important fields, both on an immediate and a long-term basis, i.e. education,
training, technology and science, to prepare
human resources for national
development beyond the year 2000. The third plenum of the CPVN (eighth session)
in 1997 decided some
issues including the human resources strategy for the
industrialization and modernization of the country.
- In
1998, average per capita GDP was US$ 340. Low income has worsened prolonged
socio-economic difficulties, adversely affecting children:
severe child
malnutrition, a high school drop-out rate in remote areas, insufficient safe
water and sanitation facilities, and a
shortage of recreational facilities for
children. The number of children in conflict with the law and child drug
addicts is rising,
especially in some big cities and provinces. Many children
have to live in poverty.
- Some
social issues have newly emerged as significant challenges, such as a growing
disparity of wealth, and the gaps in income and
opportunity between rural and
urban areas and between different regions are widening. The moral degeneration
of some adults, the
pursuit of materialistic lifestyles among youth and the
infiltration of indecent and violent materials are linked to growing social
evils, such as drug addiction, prostitution, and trafficking of women and
children. Though the State has developed a number of policies
to cope with
these challenges, there is no immediate solution yet, and solving these problems
requires a long-term commitment of
the Government and the people. The overall
viewpoints and objectives of social development strategy up to the year 2000 and
for
beginning the twenty-first century are: in the context of developing a
multisectoral economy with a socialist orientation mechanism,
social development
guided by the principle of justice and progress is implemented not only by
regulation and redistribution of the
people’s income, but mechanisms and
policies are also worked out to ensure that everyone, especially the vulnerable
and disadvantaged
who should be able to master some part of the instruments of
production, enjoys basic education and health, can develop his/her personality,
is provided with a job and vocational training, and those faced with
difficulties are helped so that they can take care of themselves
and gradually
improve their own lives and families, thereby contributing to national
construction.
- To
implement its foreign policy so as to be independent, self-determined,
multilateral and diversified and “to be friends with
all countries”
in the world community, since the early 1990s Viet Nam has established
cooperation with and received assistance
from many countries, international
organizations and foreign non-governmental organizations (NGOs). Viet Nam has
diplomatic relations
with more than 160 countries and trade relations with more
than 100 countries. Viet Nam is a member of over 60 international
organizations
of the United Nations system and has relations with 480
foreign NGOs (350 of them now participate in activities in Viet Nam). In
July
1995, Viet Nam became a member of the Association of SouthEast Asian Nations
(ASEAN). Viet Nam was admitted to the Asia Pacific
Economic Cooperation (APEC)
organization in December 1998. The election of Vietnamese representatives to
the Executive Board of
UNICEF (as Vice-Chair) in 1996, to the UNICEF Executive
Board in 1996-1998, to the United Nations Economic and Social Council in
19982000, to the Bureau of the fifty-second session of the General Assembly
(Vice-Chair) and to the Executive Board of the United
Nations Development
Programme and the United Nations Population Fund in 2000-2002 have facilitated
the country’s international
relations in all fields, including children,
thus contributing to increase the voice and position of Viet Nam in the
United Nations
system. Viet Nam is now negotiating to join the World Trade
Organization.
Summary report on implementation of the Convention on the
Rights of the Child, 19901992
- On
20 February 1990, Viet Nam ratified the Convention on the Rights of the Child
without reservations. In September 1992, the Government
of Viet Nam submitted
its first twoyear report (1990-1992) on the implementation of the Convention to
the Committee on the Rights
of the Child. This report showed that while Viet
Nam faced numerous socio-economic difficulties, the Government was determined to
carry out its strong commitment to the Convention through incorporating its
content into Viet Nam’s socio-economic strategies
and harmonizing the
Convention with national legislation.
- Information
and education on the Convention has been widely disseminated throughout the
country. The mechanism for the protection
and care of children has gradually
been strengthened and improved with the Viet Nam Committee for the Protection
and Care of Children
(CPCC) as the focal point. Under the National Programme of
Action for Children 1991-2000 (NPA) worked out in December 1991, each
ministry,
agency, mass organization, province and city has clearly defined tasks,
objectives and responsibilities to further the
protection, care and education of
children. The NPA has been decentralized to the province, district and commune
levels.
- After
reviewing Viet Nam’s two-year report, the Committee on the Rights of the
Child (the Committee) expressed its appreciation
for the report’s
frankness and openness and for the Government’s efforts to comply with the
Convention. At the same
time, the Committee recommended that Viet Nam should
take a number of steps to strengthen its implementation of the Convention.
These observations have been taken into serious consideration by the Vietnamese
Government in drafting and amending policies and
laws relating to
children.
Preparation of the 1993-1998 report
- To
prepare the present report, a number of discussions, forums and workshops were
held to gather opinions from a diverse range of
government agencies,
organizations and individuals at various levels. Implementing the 1996 Prime
Minister’s Directive No.
298/TTg to review the fiveyear implementation of
the 1991 Law on Protection, Care and Education of Children, in March 1997, the
Vietnamese
Government organized a national consultation, with the participation
of the Vice-President of the country, a Deputy Prime Minister,
and
representatives of relevant ministries, mass organizations, social bodies,
provinces, United Nations organizations and NGOs who
are working in Viet Nam.
Government ministries, mass organizations and local authorities assessed what
had been done and what had
not been done in implementing and promoting
children’s rights as stipulated by the national law and the Convention
during the
previous years. The five-year implementation of the NPA was also
evaluated. This process has enabled Viet Nam to include the participation
of
government agencies, NGOs, the public, and children in assessing the
implementation of the Convention. This process has also
helped to identify new
challenges relating to children, particularly child protection, and contributed
to the preparation of this
report.
- Implementing
the Prime Minister’s instructions (May 1997) to prepare this report, CPCC
has coordinated with the Ministry of
Foreign Affairs and the Ministry of Justice
to synthesize and refine reports provided by related line ministries and
socio-economic
organizations. In the process of report preparation, many social
organizations and children had comments on the rough draft. There
was close
collaboration with UNICEF and other United Nations agencies and NGOs, especially
the International Save the Children Alliance.
I. GENERAL MEASURES OF IMPLEMENTATION
A. Harmony between the Convention and national
legislation
- Since
Viet Nam ratified the Convention in February
1990,[5] the basic rights of
children stipulated in the Convention have been observed owing to the fact that
Viet Nam accepts that those international
treaties, including the Convention, to
which Viet Nam is a signatory prevail over domestic laws and that they are
considered an integral
part of Vietnamese legislation. The transfer of those
international treaties, including the Convention, to which Viet Nam is a
signatory
into Vietnamese law has become a principle in the development and
promotion of the legal system in Viet Nam. In a changing economic
and social
environment, there have been advantages and there have also emerged pressing
social problems for children. Over the years,
in order to better protect, care
and educate children and properly implement the Convention, the State has
revised, supplemented
and issued a number of legal instruments related to
children in the form of codes, laws, ordinances, decrees, decisions,
regulations,
circulars and instructions. Besides the continuation and
perfection of the legal system relating to children, the State has also
recorded
a lot of progress in law enforcement, monitoring and supervision of violations
against children.
- However,
there are still some shortcomings in law enforcement relating to children; for
example, a gap remains between child rights
(stipulated by the laws) and actual
implementation of those rights. This is due to many reasons: education and
dissemination of
laws have not been widely carried out; awareness of the need to
observe the law is not high. At present, the training on the Convention
and
national legislation relating to children for law enforcement cadres have been
promoted to bridge the gap.
- In
1998, the Ministry of Justice (MOJ) conducted a comparative analysis of the
Convention and the Vietnamese legislation concerning
the child. Based on these
findings, lawmakers will further improve the national law for better childcare
and protection in compliance
with the Convention. Also in 1998, the Standing
Committee of the National Assembly adopted an ordinance on the signing and
implementation
of international treaties (replacing the former ordinance of
1989). According to this ordinance, the State strictly complies with
those
international treaties it has signed (art. 23).
B. Issuance of appropriate policies
- Implementing
the strategy of caring for human beings from early childhood, the Communist
Party of Viet Nam and the State have issued
many policies and legal documents
relating to children, and prioritized plans and programmes for children,
especially programmes
to encourage the whole society to participate in the
protection, care and education of children. In 1994, the Communist Party issued
Instruction No. 38/CT-TW, which strengthens the protection, care and education
of children. In 1997, all related ministries, mass
organizations and local
authorities conducted a review of the three-year implementation of this
directive. At the national review
(July 1998), Communist Party
Secretary-General Le Kha Phieu and Deputy Prime Minister Pham Gia Khiem attended
and gave direction
to the work of protection, care and education of children in
the spirit of the national law and the Convention. In 1998, Circular
No. 04 TT/TW on strengthening of the leadership of the protection, care and
education of children was issued by the Political Bureau.
Based on the goals,
strategies and measures of the NPA, all relevant line ministries, socio-economic
organizations and 61 provinces
and cities have developed their own plans of
action for children, including goals for children. Besides,
70 per cent of Viet Nam’s
districts and 30 per cent of its
communes have developed their own plans of action for children in
1991-2000.[6] All local plans
have been approved by the relevant People’s Councils and integrated into
the socio-economic development plan
of each
locality.[7] Decentralizing
NPA implementation has enabled communities to develop their own plans and helped
coordinate necessary resources from
central, local and international sources.
This decentralization has also simplified the follow-up and monitoring of the
implementation
of the Convention and national laws relating to
children.
- To
support NPA (1991-2000) implementation, at present, the Government has carried
out eight national social programmes in Viet Nam.
They include: hunger
eradication and poverty alleviation 1998-2000; population and family planning;
elimination of infectious and
dangerous epidemic diseases; HIV/AIDS control;
water and environmental sanitation; the promotion of talented athletes and sport
centres;
job creation and crime prevention.
- In
order to raise the material and spiritual life of the ethnic minority people,
many socioeconomic development policies have been
issued by the State such as
priority of investment in infrastructure, planning and resettlement of
population in connection with
production development; provision of basic social
services (education and health); training and fostering of cadres, etc.
Priority
policies for deserving families, ethnic minorities, the poor and
disadvantaged target groups including orphans and children with
disabilities,
etc. have impacts on children in need of assistance and protection. The
national programmes of population and family
planning and expanded immunization
have gradually reduced the birth rate and mortality rate of mothers and
children. Anti-narcotic
and anti-crime programmes have been carried out in many
key areas.
- At
present, in order to strengthen the protection of children in especially
difficult circumstances, the Prime Minister has approved
the Programme of
Protection of Children in Especially Difficult Circumstances 1999-2002. This
programme will be coordinated with
other social programmes and resources will be
mobilized to protect children, especially street children, child drug abusers,
sexually
abused children, children exploited for their labour and children in
conflict with the law.
C. Strengthening the mechanism of planning, implementation and
monitoring
- The
1994 Government Decree No. 118/CP defines the specific roles, tasks, mandate and
organizational structure of the Viet Nam Committee
for Protection and Care of
Children (CPCC). The CPCC is a government agency whose primary function is to
oversee the protection,
care and education of children as well as to guide,
monitor and coordinate relevant government agencies and social and economic
organizations
in the protection, care and education of children. The CPCC is
chaired by a Cabinet minister who is also a parliamentarian. The
Committee is
composed of 24 members. The Chief Inspector of the CPCC was appointed by the
Prime Minister.
- Since
1994, CPCCs at various levels have been established and strengthened. CPCCs are
the focal points for coordinating with related
branches and socio-political
organizations in the protection, care and education of children and ensuring the
implementation of child-related
objectives. An intersectoral mechanism between
members of the Committee at various levels has been established and promoted to
coordinate
activities in this field. With such a mechanism, the CPCC has
created synchronous coordination in recommending to the State laws
and policies
relating to children.
- The
inspection system of protection, care and education of children has been
strengthened to support monitoring and evaluation of
implementation of the
Convention and the Law on Protection, Care and Education of Children (hereafter
called the National Law).
The CPCC and GSO, in coordination with UNICEF, have
set up a database for children - the Child Rights Indicators (CRI) consist of
84
indicators and a strategic framework for monitoring and evaluation of the
implementation of the Convention and the National Law.
Thousands of staff who
are engaged in the protection, care and education of children at various levels
have been trained in planning
and monitoring.
- The
setting up of the above-mentioned specialized agency on children has indicated
the profound attention paid by the Party and State
to the protection, care and
education of children. However, there still remain some problems relating to
the functions and tasks
of the government agencies responsible for the
protection, care and education of children as well as their management
capability,
monitoring and supervision of the implementation of the National Law
and the Convention. There are also a lot of difficulties in
updating data
relating to children as well as with the precision of these
data.
D. Strengthening the dissemination of the Convention on the
Rights of the Child
- Implementation
of child rights is not only the responsibility of the State and family, but also
of the community and people as well.
Public education and social mobilization
have played an extremely important role in disseminating the Convention and the
National
Law.
- In
Viet Nam, the Convention has been translated into Vietnamese (the national
language) and certain ethnic minority languages (Thai,
Hmong, Ede and Bana) and
has been widely disseminated through the mass media, especially at the
grassroots level. In past years,
the CPCC, in cooperation with MOET, the
Central Council of Youth Union and Viet Nam National TV and Radio, has sponsored
a number
of competitions to raise awareness of the Convention and the National
Law, involving more than 6 million entries. One hundred and
fifty thousand
copies of the Convention and guidelines about implementation of children’s
rights, child protection and juvenile
justice have been
printed.[8] Information on the
National Law and the have been printed and regularly provided to schools and
communities. For effective communication,
the mass media have improved the
content and forms of education so that they are suitable to each target
group.
- In
1998, a number of national seminars on child rights were organized by the
Committee on Culture, Education, Youth and Children of
the National Assembly.
At these forums, parliamentarians and representatives of related agencies (line
ministries and branches,
localities and socio-political organizations) presented
what they have done to improve the protection, care and education of children.
Also, a national conference on mass media for children’s rights was
organized in 1998 by the CPCC in cooperation with the
Ministry of Culture and
Information and UNICEF, which adopted a 13-point declaration emphasizing the
promotion of dissemination,
of and education in children’s
rights.
- In
recent years, many training courses and workshops on children’s rights
have been organized for government officials, staff
of the mass organizations,
social workers, health workers, judges, prosecutors, lawyers, correction
officers, law enforcement officers,
teachers and journalists. The majority of
these workshops have been conducted by master trainers on child rights who had
been trained
in a multi-step training programme organized by the Research Centre
for Human Rights and the CPCC. Initial efforts have been made
to include child
rights in the programmes at educational and training institutions, including the
training schools for mass organizations,
judges and prosecutors, the police
training schools and the Ho Chi Minh National Political Academy where
high-ranking party and government
officials are trained.
- Many
national days of action for children have taken place, including Immunization
Day, School Enrolment Day (5 September), Micronutrient
Day and Children’s
Day (1 June). The Month of Action for Children (15 May-30 June) is organized
every year throughout the
country with various activities for children,
especially at the local level. This in particular has encouraged practical
public
involvement in the protection and care of children, heightening public
awareness of children’s rights. Newspapers have increased
coverage of
child rights issues, especially child protection.
- Children’s
forums have been organized in many places, especially at local level. These
forums give children an opportunity
to voice their opinions and aspirations, and
to learn more about their responsibilities, rights and obligations. To
disseminate
the Convention to ethnic minorities, a summary of the Convention has
been prepared, with illustrations and translation into some
of the ethnic
minority languages.
- From
the central to the grass-roots level, the CPCC, the Women’s Union, the Ho
Chi Minh Communist Youth Union and humanitarian
organizations have played an
important role in providing education about the Convention by distributing
copies, organizing children’s
forums, mobilizing the community to support
children’s programmes and other activities. Child Rights Weeks have been
launched
in schools by MOET and child rights have begun to be incorporated into
the school extracurriculum.
- At
schools, children have participated in competitions designed to enhance general
knowledge of the Convention and the National Law,
their rights and obligations.
In addition, the Young Pioneers’ Organization organized the “Young
Bamboo Shoots”
Communication Team. This group has contributed actively to
public education on the Convention and the National Law, prevention of
malnutrition, provision of safe water and sanitation, and ensuring a healthy
environment and social order and security.
- Education
and social mobilization have resulted in a system of providing funds for
children at every level. People have actively
contributed to these funds to
support children’s rights activities at the community, province and
district levels. These contributions
have supplemented government funding for
children’s programmes and activities. At the moment, the national funds
for children
at the national and local levels have mobilized over 50 billion D
in 1998 alone.
- However,
educating ethnic minority groups about the Convention has been constrained by
budget limitations. Many of Viet Nam’s
ethnic minority groups are very
small and only a number of them have a written language, and therefore in
addition to translating
the Convention into ethnic minority languages, other
methods suitable to the circumstances are required. Additionally, there is
a
shortage of communicators who work directly with ethnic minorities and in remote
areas and a lack of educational materials and
guidelines for implementing the
rights and obligations of children.
E. International cooperation
- International
cooperation has played an extremely important role in helping the Government to
reach its mid-decade goals for children.
This cooperation has been a
motivational force, pushing forward the implementation of goals for children in
general and those of
the NPA in particular.
- Viet
Nam recognizes the important role that international, bilateral, multilateral
and regional cooperation have played in mobilizing
additional resources for NPA
implementation. Through the functioning agencies, the Government has
coordinated sources of foreign
aid, giving priority to poor and remote areas and
disadvantaged groups. These aid projects have had a direct or indirect positive
impact on women and children. In addition to foreign aid and grants, the
Government has borrowed from the World Bank and the Asian
Development Bank to
fund health, education and family planning projects.
- In
recent years, the UNICEF-Viet Nam programme has been one of the 10 largest
country programmes in the world. International NGOs,
especially the
International Save the Children Alliance, have been very active in Viet Nam and
have contributed to a number of programmes
in Viet Nam. These resources are
aimed at disadvantaged target groups, especially women and children living in
Viet Nam’s
poorest provinces, districts and communes. To assist
international organizations working in Viet Nam, the Government issued the
1996
Regulation on Activities of International NGOs in Viet Nam, which allows NGOs to
work directly with local authorities, mass
organizations and communities.
However, in recent years, official development aid from some organizations such
as UNICEF has decreased
and affected the cooperation programme. International
agencies such as the World Bank, the Asian Development Bank (ADB) and UNFPA
and
bilateral aid from countries such as Japan, Australia, France and Belgium have
supported numerous projects benefiting children
directly or indirectly.
- International
cooperation is not simply a matter of seeking funding, but is also an
opportunity for Viet Nam to acquire important
knowledge and skills. This has
strengthened the capacity of officials at many levels and branches. Experience
has been exchanged
and gained through research teams, seminars, regional
conferences, and generally through the development of bilateral and multilateral
relations. The Third Regional Consultation on the Convention on the Rights of
the Child in East Asia and the Pacific in April 1995
and the Fourth East Asia
and Pacific Ministerial Consultation on the Goals for Children and Development
to the Year 2000, held in
Hanoi, in November 1995, were extremely important
milestones in Asia and the Pacific in general and for Viet Nam in particular in
the field of child protection activities. The two Hanoi Declarations in April
and November 1995 have oriented government activities
for children in the
region, especially in reviewing mid-decade goals for children. At the same time
they helped Viet Nam to review
its mid-term implementation of the goals of
the World Summit for Children as well as to identify priorities for children and
development
up to the year 2000.
- However,
these international cooperation programmes have not yet given priority to remote
and difficult areas.
- The
State of Viet Nam has demonstrated its concern for children’s rights by
supplementing and amending legal documents and carrying
out programmes to answer
to the rights and demands of children; adults have listened to children’s
opinions; the community
and the society have paid attention to children’s
issues and have actively participated in activities for
children.
II. DEFINITION OF THE CHILD
Legal context
- In
addition to the legal stipulations mentioned in the previous report, some
additions have been made:
(a) The Civil Code, 1995, article 20,
stipulates that “persons who are not yet 18 years of age are
minors”; article 22
defines the capacity for civil acts of minors who are
6 years of age or over but under 18 years of age. Minors must have the consent
of a representative at law when undertaking civil transactions; article 23
provides that “persons under 6 years of age do not
have the capacity for
civil acts. All civil transactions by persons who are under 6 years of age must
be established and performed
by their representative at
law.”;
(b) The Labour Code, 1994, article 6 states: “A
labourer must be at least 15 years old, have the ability to work, and have
a
labour contract.”; article 119, section 1, stipulates: “A juvenile
labourer is one who is under 18 years of age.”
Implementation
- This
right has been realized according to legal regulations.
Future plans
- In
the future, more research must be conducted concerning sentencing for children
in conflict with the law.
III. GENERAL PRINCIPLES
A. Non-discrimination (art. 2)
1. Legal context
- In
addition to stipulations mentioned in the previous report, there are some new
amendments:
(a) The 1992 Constitution, article 64, stipulates
“The State and society shall recognize no discrimination among
children”;
(b) The 1995 Civil Code, article 8, stipulates:
“In civil relations, the parties shall be equal and shall not invoke
differences
in ethnicity, gender, social status, economic situation, belief,
religion, educational level and occupation as reasons to treat each
other
unequally”; article 55 stipulates the right to birth registration;
and article 56 stipulates birth registration for abandoned
infants;
(c) The 1998 Ordinance on People with Disabilities stipulates the
responsibilities of the family, the State and society for people
with
disabilities and the rights and obligations of people with disabilities,
including children;
(d) The 1995 Ordinance on HIV/AIDS prevention and
control, article 4, stipulates that those infected with HIV/AIDS shall not be
discriminated
against but they must practise prevention measures to protect the
health of the community, in accordance with the laws;
(e) Government
Decree 83/1998/ND-CP of 1998, on civil registration, article 21, stipulates that
the birth of abandoned newborns must
be registered.
(f) Prime
Minister’s Decision No. 822/TTg of 1997 on the ratification of the
National Plan of Action for the Advancement of
Women in Viet Nam up to the year
2000 has 11 specific goals, including protection for the girl child.
2. Implementation
- The
State has issued many concrete policies in order to reduce the economic and
social disparity between geographic regions so that
all children can enjoy their
rights and obligations.
- National
programmes in their first years have prioritized difficult-to-access and remote
areas, such as mountainous, rural and coastal
regions, for such programmes as
protection and care for children, poverty alleviation, and universalization of
primary education.
Pupils and teachers in those remote regions are accorded
first priority, receiving, among other things, larger teacher allowances,
subsidized textbooks, and larger budgetary investments from the central
Government. Boarding schools for ethnic minority children
have been established
in all of Viet Nam’s mountainous districts. These schools are
subsidized by the State.
- At
present, the Ministry of Planning and Investment (MPI) is coordinating with the
National Committee for the Advancement of Women
(NCFAW) to deploy the National
Plan of Action for the Advancement of Women up to the year 2000 in the whole
country. This plan includes
provisions for countering discrimination against
girl children. The Prime Minister is directing MPI and NCFAW to conduct a
one-year
review of the Plan’s implementation and to integrate it into the
activities of all ministries and regions in 1999.
- Working
in collaboration with the MOET and the CPCC, the Viet Nam Women’s Union
(VWU) has also worked through family channels
to encourage the enrolment of
girls in school.
The VWU efforts include organizing informal
classes, multi-grade classes and classes for
illiterate girls. Between 1992 and 1996, the Union
successfully encouraged 190,781 pupils to return to school (60 per cent of them
female), opening
283 classes for 7,709 illiterate girls.
Following the
Fourth World Conference on Women, the MOET, the VWU, the Committee for Ethnic
Minorities and Mountainous Areas and the
CPCC have begun research on how to
promote children’s education. They support universal education with
multi-graded classes
for illiterate, poor and disadvantaged children, especially
girls. In addition, the 1991-2002 national programme for children in
especially
difficult circumstances pays special attention to protecting girls from sexual
abuse and labour exploitation. Practical
experience shows that in areas where
education levels are higher, opportunities for girls to exercise their rights
are greater.
- The
State has issued various policies and measures in order to restore and
re-integrate children with disabilities, such as the community-based
rehabilitation programme, Operation Smile, For the Glow of Children’s
Eyes, and the education programme for integration.
- To
protect children from discrimination, a number of social measures have been
taken, including:
(a) Providing birth registration for children
born out of wedlock and abandoned;
(b) Widening the network of boarding
schools for ethnic minorities so that children in remote areas can have access
to education;
(c) Mapping out policies and measures to help orphans,
ethnic minority children, children from poor families, and children from
mountainous
areas and islands. Funds are now being created to support these
groups, including the Fund for Young Talented Individuals, the Poverty
Alleviation Fund, and the Fund for Children;
(d) Facilitating the
immigration of Amerasian children to the United States of America.
3. Limitations
- Despite
public and State efforts to eradicate child discrimination, the following
problems remain: son preference in some rural areas,
and children in especially
difficult circumstances. In fact, the Government’s budget for
infrastructure in mountainous and
remote areas is still
limited.
4. Future plans
- The
Government will continue to support disadvantaged groups and areas, especially
in Viet Nam’s 1,715 poorest communes. It
will also work to promote gender
education and pay special attention to girls.
B. The best interests of the child (art. 3)
1. Legal context
- The
following legislation applies:
(a) The 1996 Ordinance on
Procedures for Settling Administrative Cases, article 21, stipulates that if
minors are involved, their
rights and responsibilities are implemented through
their representative;
(b) The Ordinance on Sentencing of 1993, article
10, stipulates that sentenced minors or females shall have separate areas
suitable
to their age and gender in accordance with the management
regime;
(c) Government Decree No. 184/CP of 1994 stipulates marriage
procedures, recognition of children born out of wedlock, adoption and
fostering
between Vietnamese and foreign citizens.
2. Implementation
- The
Government and the people remain strongly committed to furthering the best
interests of the child in Viet Nam, especially in the
law-making process. The
CPCC and relevant ministries have organized training in child rights for
government officials, judges, lawyers,
and law enforcement officers in the
Convention and the National Law and implementation of local plans of actions for
children for
ensuring their best interests.
- Although
the penalties for children in conflict with the law have not yet been modified,
when a juvenile commits an offence, the prosecutors
and the court usually apply
educative and preventive measures. The family, school and community also
undertake these measures.
The Penal Code was amended and supplemented for the
fourth time in May 1997 to increase penalties for crimes against children and
especially offences against the life, health, honour and dignity of
children.
- The
national investment in children’s programmes is steadily increasing.
Annually, investments in social sectors account for
28 per cent of the total
budget, including 12 per cent for education. Plans of Action for Children
(PPAs) in provinces, districts
and communes have focused on child development,
protection and care, integrating these plans into the socioeconomic development
strategy
of each ministry and locality. The Provincial People’s Council
approves the PPA, allocates funds and ratifies the financial
accounting for
programmes for children, while information, education and communication
activities have helped to raise public awareness,
thus helping to improve
resources to support children’s programmes.
- Adoption,
both local and international, must meet certain standards of income, health
status and morality. In addition, adoption
is always based on the best
interests of the child.
- At
the community level, parents who neglect their children may be warned by local
CPCCs and mass organizations such as the Women’s
Union of their
responsibilities under the law and encouraged to protect child rights within the
family.
- Orphans
are raised in State-run institutions or in the community. In the former case,
care and education are wholly subsidized; in
the latter, charitable or mass
organizations arrange accommodation and food, financed by the community, often
with international
NGO assistance. Children in conflict with the law, depending
upon the seriousness of the violation, are either kept in the family
for
education or sent to reform schools. Local government agencies are making
efforts to provide education for children with disabilities
and integrate them
into school and the community.
- Different
models of care for children in extremely difficult circumstances have been
developed in diverse locations. These programmes
include Mai Am
(children’s shelters), Nha Tinh Thuong (drop-in centres) and
child counselling centres which provide assistance and reintegration for street
children, orphans, sexually
abused children and others. These programmes are
carried out at the community level, comprehensively coordinating the process of
the protection and care of children in especially difficult
circumstances.
- Cases
where children’s rights are violated have been publicized through the mass
media or through the network of the CPCC.
On the basis of this information, the
CPCC and the Women’s Union make proposals to law enforcement agencies for
action. In
recent years, many cases of crimes against children have been
prosecuted and the offenders have been strictly punished in a timely
manner.
3. Limitations
- Despite
the efforts of the State and people, Viet Nam still faces many challenges in
securing the best interests of the child. With
lack of awareness and
responsibility in a number of local leaders, families and communities, and gaps
in socio-economic development
in various regions, the possibilities of giving
priorities to children are limited and so there is an increasing exodus of
children
from the countryside to the cities. Until the root cause of this
exodus poverty is eliminated, efforts to care for street children
in cities
will not fully solve this issue. Street children who financially support
themselves are at high risk of labour exploitation,
sexual abuse and criminal
activity.
4. Future plans
- Information,
education and communication to promote the Convention and the National Law will
be strengthened, with the amendment and
supplementation of the Penal Code, the
Penal Procedure Code, the Law on Marriage and Family, and others. Those
amendments relating
to children will incorporate the 1985 United Nations
Standard Minimum Rules for the
Administration of Juvenile Justice
(the Beijing Rules), the 1990 United Nations Rules for the
Protection of Juveniles Deprived of their Liberty, the 1990
United Nations Guidelines for the Prevention of Juvenile Delinquency (the
Riyadh Guidelines), and the Convention. Viet Nam has also developed a set of
child rights indicators and is establishing a mechanism
for monitoring and
supervising the implementation of the Convention and child-related laws
throughout the country.
- The
State continues to invest funds from its budget and appeals to donors to
prioritize the poor, difficult areas and children in
especially difficult
circumstances.
C. Right to life, survival and development (art. 6)
1.
Legal context
- The
following legislation is relevant:
(a) The 1995 Civil Code,
article 32, stipulates the right to enjoy safety of life, health and body.
Article 37 stipulates the right
to enjoy mutual care among family
members;
(b) The 1994 Labour Code, article 6, stipulates:
“workers must be at least 15 years old, have the ability to work, and have
a labour contract”. Article 119, chapter XI, includes specific
stipulations: “a juvenile labourer is one under the
age of 18 ... abuse
of juvenile labourers is strictly prohibited”; article 120: “it is
not permitted to admit children
under the age of 15 to work, except in some
occupations stipulated by MOLISA”; article 121: “The use of
juvenile workers
in hard or dangerous jobs or in work which requires frequent
contact with noxious substances named in the list provided by MOLISA
and MOH is
strictly prohibited”; and article 122: “The working time of
juvenile workers must not exceed 7 hours a day
or 42 hours a
week”;
(c) The 1998 Law on Education, article 9, stipulates:
“All citizens without distinction of ethnicity, religion, belief, sex,
family origin, social or economic status are equal in learning opportunities.
The State ensures social equity in education and creates
conditions so that
everybody can afford education. The State and the community provide assistance
so that poor people can learn
and create conditions for outstanding learners to
develop their talents. The State gives preference to and creates conditions for
children of ethnic minorities and the families in the areas with exceptionally
difficult economic and social conditions, the beneficiaries
of preferential
policies, the disabled and the beneficiaries of other social welfare policies to
exercise their right and discharge
their obligation to
learn.”
(d) The 1995 Ordinance on Prevention and Control of
HIV/AIDS;
(e) Government Decree No. 34/CP of 1996 on the Implementation
of the Ordinance on Prevention and Control of HIV/AIDS.
2. Implementation
- Viet
Nam has established a wide healthcare network from the central to the local
level, offering disease prevention, medical treatment
and rehabilitation. In an
effort to ensure the survival and development of children, this system gives
priority to mother and child
health care, particularly prenatal care. The
existing service includes:
(a) A system for disease prevention
including: National and Regional Institutes of Hygiene and Epidemiology,
National Institute
of Nutrition, Pasteur Institutes, Vaccine Institutes,
Provincial Centres for Preventive Medicine, District Teams of Hygiene and
Epidemic
Prevention;
(b) A system for curative care including: general,
obstetric, gynaecological and paediatric hospitals at the central and regional
levels; paediatric and general hospitals at provincial level with obstetric and
gynaecological departments; general hospitals at
district level with paediatric
and obstetric departments;
(c) A system for rehabilitation for the
disabled, including children. This communitybased programme for rehabilitation
is implemented
by the health sector in collaboration with the CPCC, MOLISA, and
international assistance.
- To
improve the nutrition of children under 5 years old, the Protein Energy
Malnutrition control (PEM) programme has been carried out
in 3,200 communes
focusing on the following activities: child growth, nutrition education,
supplementary feeding and other complementary
activities, with priority given to
the poor communes. The PEM programme covers all of Viet Nam’s
communes, in terms of monitoring
child growth and public communication and
education activities on nutrition. The government budget allocation for the
programme
has gradually increased over the years. In a successful battle
against micronutrient deficiencies, vitamin A capsules and iron tablets
are
provided for children and pregnant mothers. All salt now consumed is iodized as
stipulated.
- Multisectoral
programmes focus on improving mother and childcare with the goal of reducing the
infant mortality rate (IMR) to 30 per
1,000 and the maternal mortality rate
(MMR) to 50 per 100,000 by the year 2000. Commune health stations and hospitals
at different
levels, especially obstetric hospitals, track infant and child
mortality cases.
- The
National AIDS Committee is assisting the Prime Minister with monitoring and
implementing the programme of control and prevention
of HIV/AIDS including
development of strategy, advocacy and policy, and plans against HIV/AIDS
infection, coordinating with MOH,
MPI and MOF in proposing the annual budget for
government approval, conducting monitoring and evaluation of the HIV/AIDS
situation
in the whole country.
- The
Government has been giving guidance to a number of targeted provinces in order
to speed up the Universalization of Primary Education
by the year 2000
programme. By the end of 1998, 52 out of 61 provinces and cities had
achieved universal primary education and literacy;
57 per cent of communes and
76 per cent of districts had achieved universal junior basic education
(nine years).
- For
protection and prevention of child abuse, the Government has increased measures
for education and communication and approved the
National Programme of Special
Protection for Children 1999-2002.
3. Limitations
- Viet
Nam still lacks the human resources, material and equipment necessary to provide
adequate health care for children. Every year,
we need a large amount of
foreign currency to import EPI vaccines for children. Vaccines for hepatitis B
and Japanese encephalitis
are presently in short supply.
- Malnutrition
of children under 5 is still high in Viet Nam (39.8 per cent). The State budget
and international assistance have not
met the actual needs. Natural disasters
often occur in Viet Nam, causing considerable damage to school facilities and
thus affecting
children’s study.
4. Future plans
- After
the pilot production of the hepatitis B and Japanese encephalitis vaccines,
Viet Nam has used foreign aid to increase the production
of these two
vaccines. Viet Nam has decided to incorporate these two vaccines as well as
vaccines for cholera and typhoid into the
national immunization programme.
- Viet
Nam will continue to promote the best use of domestic and international
resources to reduce IMR, reduce the malnutrition rate
among children under 5,
improve access to school for children in disadvantaged areas, improve water and
sanitation as key priorities
in the future, and prepare plans of actions for
intersectoral coordination (labour, war invalids and social affairs, public
security,
protection and care of children) in order to deploy the national
programme of special protection for children 1999-2002.
D. Respect for the views of the child (art. 12)
1. Legal context
- There
is nothing new to report.
2. Implementation
- Children
can express their views through activities of the Young Pioneers Organization
(YPO), the radio, television, newspapers, and
their forums and broadcasting
programmes at schools as well as in communities. In these organizations, they
conduct discussions,
map out plans of action and manage the activities of their
own organizations. The leadership of the school and community respect
the
collective decisions of the YPO. The Youth Union, Women’s Union and CPCCs
mobilize and assist families and communities
to express their opinion. Children
have their full rights when involved in criminal proceedings as juvenile
defendants.
In cases where a juvenile defendant cannot choose a legal defender, the
police, prosecutor’s office or court must request the Bar
Association to nominate one. This procedure has been observed in cases
involving children. In trials for child
abuse and exploitation, the
child’s legal representative will undertake the rights and obligations
relating to the process.
- At
schools, including reform schools, classes are organized in a self-managed
manner in accordance with the school’s guidelines.
The pupils elect a
class monitor, deputy class monitor and group heads to manage their studies and
activities. In reform schools
for children in conflict with the law, children
are consulted before decisions such as home visits and early release are
made.
- Thanks
to the positive effects of the distribution and dissemination of the Convention
and National Law, parents are more eager to
listen to their children and respect
children’s views. In addition, child participation and listening to
children’s
views are now incorporated and emphasized in all training
courses and workshops on the Convention, for both adults and
children.
3. Limitations
- Children
are not consulted at all times in cases of divorce proceedings which, therefore,
are not always properly settled in the interests
of the child. It may take a
long time for the views of the child to be widely respected in Vietnamese
families.
4. Future plans
- The
Government will continue to promote education to raise the awareness of the
family and the community on the role and position
of young people as equal
citizens in the society. It will also continue to develop a better system for
monitoring and supervising
existing laws for the respect of children’s
views and settlement of children’s issues. Children’s forums,
especially
those in rural mountainous areas, will be further expanded.
IV. CIVIL RIGHTS AND FREEDOMS
A. Name (art. 7)
1. Legal context
- The
following are cited:
(a) The 1995 Civil Code, article 28,
section 1, stipulates: “Each individual has the right to have a family
name and a given
name. The family and given names of a person shall be
determined in accordance with the family and given names in the birth
certificate
of that person”; article 29, section 2 stipulates: “The
change of the family or given name of a person who is nine years
of age or older
must have his/her consent”; article 55, section 1, stipulates: “At
birth, each person shall have the
right to have his/her birth registered without
discrimination between
legitimate and illegitimate births. The family name of the infant shall be
the family name of the father or the mother according
to custom or agreement
between the parents. Where it is not possible to identify the father, the
family name of the infant shall
be that of the mother”; article 55,
section 2, stipulates: “The father, mother or next of kin must register
the birth
of the infant in accordance with the provisions of the legislation on
civil status”;
(b) Government Decree 83/1998/ND-CP of 1998 on
residence registration, article 18, stipulates: “within 30 days after
birth,
parents, relatives or responsible persons shall register a child’s
birth; for remote or mountainous areas, the deadline is
60 days”; article
21 stipulates: “within 30 days after an abandoned child is found, if its
parents are not identified,
individuals or organizations responsible for taking
care of a child shall register the birth of that child at the commune
People’s
Committee.
2. Implementation
- It
is the duty of the commune People’s Committee to remind parents to
register their child’s birth. In cases where a
birth is declared after
the deadline, the People’s Committee should help to expedite the process.
In cases where a migrant
gives birth to a child, the local People’s
Committee issues the birth certificate. However, many parents in remote and
mountainous
areas only declare a child’s birth when applying for school,
often because they are unaware of the significance of birth registration.
- Due
to the difficult economic situation and low awareness of national laws of many
parents in remote and mountainous areas, it is
not possible to force parents to
declare births in a timely manner; instead, persuasion and education play an
important role. This
persuasion is undertaken by commune and precinct
officials, mass organizations and local CPCCs. However, people in some areas do
not sufficiently comply with birth declarations, and it is still difficult to
educate migrants, street people and ethnic minorities
in remote regions on the
importance of registering a child’s birth. Transportation and travel in
some remote and mountainous
areas are bottlenecks for child
registration.
3. Future plans
- The
State plans to support justice officials at the grass-roots level to improve the
system of birth registration for children, especially
for street children and
those living in remote and mountainous areas. At the same time, mass
organizations will educate families
on the importance of registering births as
stipulated by the law.
B. Preservation of personal identity (art. 8)
1. Legal context
- The
following may be cited:
(a) The 1998 Law on Nationality (which
replaces the one adopted in 1988), article 1, section 1, stipulates: “In
the Socialist
Republic of Viet Nam (SRVN), each individual is entitled to
have a nationality. No citizen of Viet Nam can be deprived of his/her
nationality except cases prescribed in article 25 of this Law”; section 2
of this article stipulates: “All ethnic groups
who live in Vietnamese
territory have equal rights to Vietnamese nationality”; article 8
stipulates: “The SRVN provides
for all minors born in Viet Nam to
have Vietnamese nationality and for those who do not hold permanent nationality
in Viet Nam to
apply for Vietnamese nationality under the provisions of
this Law”; article 9 stipulates: “Marriage, divorce or annulment
of
an unlawful marriage between a Vietnamese citizen and a foreign national does
not affect the nationality of the Vietnamese citizen,
or that of his/her
children”; article 16 stipulates: “A child born to parents, both of
whom are Vietnamese citizens,
shall hold Vietnamese citizenship, regardless of
whether the child was born inside or outside Vietnamese territory”;
article
17, section 1, stipulates: “A child born to parents, one of whom
is a Vietnamese citizen and the other is a stateless person,
or whose mother is
a Vietnamese citizen and whose father is unknown, shall hold Vietnamese
nationality, regardless of whether the
child was born inside or outside the
Vietnamese territory”; article 17, section 2, stipulates: “A child
born to parents,
one of whom is a Vietnamese citizen and the other is a foreign
national, shall hold Vietnamese nationality, if so agreed in writing
by his/her
parents at the time of his/her birth registration”; article 18, section 1,
stipulates: “A child born in Vietnamese
territory and whose parents, at
the time of his/her birth, are both stateless persons who have permanent
residence in Viet Nam shall
hold Vietnamese nationality”; article 18,
section 2, stipulates: “A child born in Vietnamese territory whose mother
at the time of his/her birth is a stateless person having a permanent residence
in Viet Nam and whose father is unknown shall hold
Vietnamese
nationality”; article 19, section 1, stipulates: “A newborn
abandoned or found in Vietnamese territory whose
parents are unknown shall hold
Vietnamese nationality”; article 19, section 2, stipulates: “In
cases where a person
who is under 15 years old [and abandoned or found in
Vietnamese territory] has found his/her parents and they both hold foreign
nationality
or his/her guardian holds foreign nationality, he/she shall no
longer hold Vietnamese nationality; for a person who is from 15 to
17 years of
age, his/her written consent is required”; article 28 stipulates the
nationality of minors in cases of their parents’
naturalization,
relinquishment or restoration of
Vietnamese nationality; article 29
stipulates the nationality of minors in cases where their parents are deprived
of Vietnamese nationality
or where decisions on granting Vietnamese nationality
are annulled; article 30, section 1, stipulates: “A child who is a
Vietnamese
citizen and adopted by a foreign national(s) shall retain his/her
Vietnamese nationality”; article 30, section 2, stipulates:
“A
child who is a foreign national and adopted by a Vietnamese citizen(s) shall
hold Vietnamese nationality as from the date
the competent Vietnamese agency
recognizes the adoption”;
(b) Government Decree No. 104/1998/ND-CP
of 1998 contains specific provisions and guidance for the implementation of the
Law on Nationality.
2. Implementation
- Boarding
or semi-boarding schools have been established by the State for children of
ethnic minorities. Vietnamese is the official
language used in schools. The
State creates favourable conditions for ethnic minority groups to preserve and
enhance their cultural
identification and the good traditions of their own
culture.
C. Freedom of expression (art. 13)
1. Legal context
- The
1992 Constitution, article 69, stipulates that all citizens have the right to
freedom of speech, freedom of the press, and the right to information.
2. Implementation
- New
forms of information and communication for and between children have been
applied and developed. Mass media, including television,
radio, newspapers and
local communications networks, have played an important role in public education
campaigns aimed at children.
In Hanoi in 1995, child representatives
participated in the Third Regional Consultation on the Convention, and Fourth
East Asia
and Pacific Ministerial Consultation on the Goals for Children and
Development to the Year 2000. Programmes by and for children
on television also
create opportunities for children to express themselves.
- At
the five-year review of the implementation of the National Law organized at the
central and local levels in 1997, children were
invited to participate and
express their opinions. These opinions were given due consideration in the
amendment of laws concerning
children’s rights. Children also have the
opportunity to express themselves via newspapers such as Thieu Nien Tien
Phong (Young Pioneer), Nhi Dong (Young Child), and Vi Tre Tho
(For Children). They can participate in children’s television and radio
programmes. At the commune, district and provincial
levels, the CPCC has
organized children’s forums in which children can discuss child rights
issues with local authorities.
Broadcasting Day for Children is organized in
April annually. Children are not only information receivers but can also
express
opinions and involve themselves in programme production. In 1998,
junior correspondents’ clubs were set up in Hanoi, Hue,
Dalat and Ho Chi
Minh City under the Radio Voice of Viet Nam.
- In
the time ahead, education and dissemination of laws in this field should be
further promoted so that children can fully exercise
this
right.
D. Freedom of thought, conscience and religion (art.
14)
1. Legal context
- Article
70 of the Constitution stipulates that “citizens have the right to freedom
of belief and religion, to follow or not to follow any religion. Religions
are
equal before the law. Places for the worship of beliefs and religions are
protected by the law. No one is allowed to violate
the freedom of belief and
religion or to abuse it to violate the laws and policies of the State”.
The 1995 Civil Code, article
43, contains more or less the same
content.
2. Implementation
- In
Viet Nam there are 54 ethnic groups with many religions, of which the most
popular are Buddhism, Catholicism and Protestantism.
Commonly, children adhere
to the same religion
as their parents. This right is fully
respected. The State helps maintain and preserve religious sites, ensuring that
children,
like adults in Viet Nam, enjoy favourable conditions to practise
their religions.
E. Freedom of association and peaceful assembly (art.
15)
1. Legal context
- The
1992 Constitution, article 69, stipulates: “Every citizen has the right
to assemble and form associations according to the law.”
2. Implementation
- Children
have their own organizations, including the YPO, the Child Star, the Young
Bamboo Shoot Communication Team, the Red Cross
Young Pioneer Organization, and
others. In these organizations, children prepare activity schedules, elect
leaders, plan meetings
and resolve problems with the help of the schools and the
community via the Communist
Youth Union and Women’s Union.
There are no constraints on children in exercising
this right.
F. Protection of privacy (art. 16)
1. Legal
context
- The
1995 Civil Code, article 34, stipulates: “An individual’s right to
personal privacy shall be respected and protected
by
law”.
2. Implementation
- As
mentioned in the previous report, the right to privacy is observed.
G. Access to appropriate information (art. 17)
1. Legal context
- Government
Decree 87/CP of 1995 is aimed at strengthening cultural and service activities
to eradicate serious social evils.
- Prime
Minister’s Decision 21/TTg defines the policy on the publication of films,
photographs, and other materials for children.
Article 1 stipulates:
“The State allocates funds for improving child-oriented newspapers,
publishing houses, radio broadcasts
and television programmes and films,
considering them public welfare programmes that do not require financial return
on the capital
investment”; article 2 stipulates: “In responding to
the need for educational material for the children in rural, mountainous
and
highland, remote and island areas, the State also supplies free of charge books
and newspapers to primary, secondary and boarding
schools for ethnic minorities
in those areas.”
2. Implementation
- In
recent years, Viet Nam’s mass media and communication network has
grown. There are now 635 newspapers and periodicals, many
of which have items
about the protection, care and education of children. Fifteen of them are aimed
at children, which helps to
promote education in child rights at the grass-roots
level.[9] Central and local
television and radio stations all have a separate department dedicated to
creating various interesting kinds of
children’s programming. There are
now 4 national and 93 provincial TV programmes and 4 national
and 96 provincial radio programmes
for children. Children’s
programmes have been improved (diversified in forms and contents).
- According
to a recent study conducted by the Sociology Centre of the Ho Chi Minh National
Political Academy, approximately 76 per
cent of children in Viet Nam
watch TV every day. This indicates the growing importance of TV, particularly
in cities. Fifty provincial
general libraries have separate reading rooms for
children.
- International
organizations such as UNICEF and Radda Barnen have worked with media
organizations to improve children’s programming,
including training
journalists and editors and designing children’s programmes, such as the
children’s television quiz
show, “Kaleidoscope”. The Young
Pioneers Organization has promoted a number of child-to-child activities
designed to
provide basic information, especially on health, for children to
disseminate among their peers at the local level.
3. Limitations
- Because
of budget limitations, children in mountainous and remote areas still lack an
adequate supply of books and newspapers, and
may not be reached by television or
radio transmission. Since Viet Nam adopted an “open-door
policy”, more and more
harmful books, videos, tapes, films, toys and so
forth have appeared in the country; however, these are not scrupulously checked
and dealt with. Therefore, there is a danger of children being exposed to
indecent lifestyles and violence, leading to criminal
activity.
4. Future plans
- Viet Nam
will pay more attention to training communication officials in providing
information to adults as well as children and to
use age-appropriate methods of
communication.
H. The right not to be subjected to torture or other
cruel, inhuman
or degrading treatment or punishment (art. 37 (a))
1. Legal context
- Article
7.1 of the 1992 Constitution of Viet Nam states: “Citizens have the
inalienable right to freedom from physical abuse, they are protected by law in
terms
of life, health, honour and dignity. No one shall be put under arrest
unless there is a decision issued by the People’s Courts
or a decision or
ratification issued by the People’s Procuratorate, with the exception of
the case of being caught in action.
Custody and detention shall only be in
accordance with the law.”
- In
order to specify the implementation of the above-mentioned principles, the State
has promulgated a wide range of legal documents
including the Civil Code, the
Penal Code, the Criminal Procedure Code. In
addition:
(a) Government Decree No. 19/CP of 1996 issues
regulations on education in the community for juvenile offenders;
(b) Government Decree No. 33/CP of 1997 stipulates the regulations on
reform schools for juvenile offenders. Article 1 states that
minors between 12
to 14 years old who have committed violations as stipulated in the Penal Code,
those who have been corrected many
times by local authorities and people but
failed to change their behaviour, and those aged between 12 and 18 who have
violated administrative
guidelines on social safety shall be sent to a reform
school for six months to two years;
(c) Government Decree No. 98/CP of
1998 stipulates the regulations on temporary detention.
2. Implementation
- In
Viet Nam, public education campaigns such as “Healthy Child,
Well-Behaved Child”, “A Family’s Cultural
Lifestyle”, “Exemplary Adult, Dutiful Child” have been
conducted. These campaigns include timely interventions
from the local
governments, CPCCs and the Women’s Union in cases where a child in the
community is abused. Corporal punishment
of children is traditional in the
countryside and reflected in the expression “Spare the rod and spoil the
child”. The
Government and mass organizations have taken educational and
preventive measures to protect children from cruel treatment by parents.
The
right of the child not to be tortured, maltreated, inhumanely punished or
dishonoured is also covered in training courses for
legal officials on the
Convention and the National Law. People can express their opinions and
complaints to elected State bodies
to protect children’s rights in cases
of adults violating children’s rights. In general, these complaints have
been
dealt with promptly.
- CPCC
inspection units also focus on identifying and preventing cases of violations of
child rights. Cases of violence against children
have been strictly prosecuted.
- As
a result of education, dissemination and training on child rights, social
awareness on this problem has been raised, contributing
to the reduction of
maltreatment of children in detention and reform institutions and in the
family.
- Following
are statistics relating to the handling of violations of child rights over the
period 19971998:
Table 1
Child rights violations 1997-1998
|
1997
|
1998
|
No. of cases
|
Cases tried
|
No. of cases
|
Cases tried
|
Rape
|
287
|
257
|
608
|
560
|
Lewd act
|
5
|
5
|
61
|
55
|
Sexual intercourse
|
81
|
63
|
138
|
119
|
Abduction, trafficking
|
25
|
22
|
48
|
42
|
Maltreatment
|
58
|
55
|
41
|
36
|
Source: The People’s Supreme Office of
Prosecutors.
3. Limitations
- There
are still many limitations in the propagation and dissemination of the National
Law and the Convention for law enforcement officials.
Child abuse cases still
occur.
4. Future plans
- There
will be an intensification and expansion of the dissemination and communication
of national legislation as regards the protection
of children, and proper
measures for the prevention and punishment of maltreatment against
children.
V. FAMILY ENVIRONMENT AND ALTERNATIVE CARE
A. Parental guidance (art. 5)
1. Legal context
- The
Civil Code of 1995 defines the right of minors to enjoy care from family members
(art. 37); the right to recognize or not recognize
parents and children
(art. 39); guardianship for minors (art. 67); the right to have a guardian (art.
69); and the natural guardian
of a minor (art. 70).
- Prime
Minister’s Decision No. 198/TTg of 1994 concerns organizing activities for
the International Year of the Family.
2. Implementation
- In
Viet Nam, families play a crucial role in the formation and development of
a child’s personality. Children always enjoy
the most attentive care and
support from other members of the family. In the doi moi, the
improvement of the economic and social situation has contributed, leading to a
better family life and better protection and
care of children in each
family.
- In
response to the International Year of the Family 1994, the Government
established a National Steering Committee for the Year of
the Family to organize
family-focused activities. In 1997, the Viet Nam Women’s Union
launched the movement “Women Study
Hard, Work Creatively, Bring Up
Children Well, and Build a Happy Family”. The Viet Nam Fatherland
Front, in cooperation with
the CPCC, launched the national movement in 1997
“Exemplary Adults, WellBehaved Children”. All these activities have
contributed to the enhancement of the family’s role in society.
- Families
have also been educated on children’s rights under the Convention and the
National Law and other related legal issues
to enhance the awareness of adult
responsibility towards children.
- Reconciliation
groups, the Women’s Union, the commune CPCCs and the commune authorities
all play important roles in helping
families properly carry out their
responsibilities towards children. These groups also help settle disputes or
relationship problems
between parents or guardians and their children. Child
counselling centres have been established in a number of districts to advise
parents on children’s laws, nutrition, health and psychological
issues.[10]
- Public
information and the mass media have also made parents pay more attention to the
importance of education within the family in
shaping a child’s development
and personality.
3. Limitations
- Because
of limited knowledge of childcare and psychology in a number of families, some
children cannot get adequate and proper guidance
from their parents. Some
parents who struggle to earn a living do not pay enough attention to their
children’s education and
development. Some poor families have allowed
their children to seek employment at an early age, exposing them to higher risk
of
being abused and exploited. On the other hand, some rich families indulge
their children and have loose control of their children,
thus driving their
children to become involved in social evils.
4. Future plans
- The
Government has planned to maintain and bring into full play the traditional good
values of the Vietnamese family and to build
a family-centred strategy for child
development which highlights the exemplary role of parents; attaches importance
to cultural family-building;
develops close relationships between
family, school and society; promulgates support policies;
and promotes economic development for poor or extremely disadvantaged
families and heightens their knowledge and skills in child-rearing.
The CPCC
will carry out a national research programme on the role and position of the
family and community in the protection, care
and education of children.
B. Parental responsibilities (art. 18, paras. 1 and 2)
1. Legal context
- The
1992 Constitution, article 64, states: “The family is the basic unit of
the society. The State provides protection for marriages and families.
Marriage must be realized on the basis of willingness, progress, monogamy and
equality between husband and wife. Parents are responsible
for raising their
children to be good citizens. Children have the duty to respect and take care
of their grandparents and parents.
The State and society do not acknowledge
unequal treatment among children.”
- The
Civil Code of 1995, article 37, states: “Children and grandchildren who
are minors shall benefit from the care and upbringing
of their parents and
grandparents.”
2. Implementation
- The
main measures taken so far to strengthen parents’ awareness of their
responsibilities towards their children include public
information and education
through the mass media such as TV, radio, newspapers and magazines. Recent
efforts have been made to combine
the “Raise Healthy and Happy
Children” campaign with competitions for mothers. The CPCC in
collaboration with the Fatherland
Front, has established family clubs,
grandparent’s clubs and other groups to promote good parenting and
child-centred development.
The CPCC, in cooperation with local government and
mass organizations, is expanding a programme to build “child-friendly
villages”
in order to raise the level of awareness of child protection,
especially within the family.
- Experiences
in several areas have shown that where parents fulfil their responsibilities
towards their children in coordination with
social and mass organizations, there
is much less of a problem of juvenile delinquency and child drug
abuse.
- Street
children, migrants and runaway children are admitted to and taken care of by
community centres such as “Warm Roof”
and “Affection
House”. Many of these children are encouraged to reunify or communicate
with their families. However,
in several cases children did not want to reveal
their address, and communication with their families could not be facilitated.
C. Separation from parents (art. 9)
1. Legal context
- There
has been no change as compared with the previous report.
2. Implementation
- Divorce
is a problem of great concern today. The number of divorce cases has increased,
especially among young couples. Recently,
children who come from broken
families account for a high percentage of street children and children in
conflict with the law. This
indicates a need to pay more attention to
strengthening family values and educating youth on marriage, family life, and
the responsibilities
entailed in having children. Reconciliation groups at the
grass-roots level play an important role in cooperating with the court
to
respect the decision of a couple who want to separate, on the one hand, and to
persuade the couple to reunify, whenever possible,
on the
other.
- Whenever
the court approves a divorce, great care is taken to entrust the children to the
most appropriate caretaker.
- Street
children have access to community centres such as children’s shelters and
dropin centres, where they may be assisted
in communicating or reuniting with
their families.
D. Family reunification (art. 10)
1. Legal context
- See
the previous report.
2. Implementation
- Viet Nam
has completed its programme of repatriation of unaccompanied minors. The
programme was undertaken within the framework of
the Comprehensive Programme of
Action with assistance from the Office of the United Nations High Commissioner
for Refugees (UNHCR).
From 1991 to 1995, 4,200 children returned to
Viet Nam under this framework. In the refugee camps, these children
received inadequate
psychological and educational attention. Eighty per cent of
these children have two parents, 8 per cent have only one parent, and
the rest are orphans. These children have been helped to reintegrate into
communities and receive support for their education and
care.
- Viet Nam
has also facilitated Amerasian children to complete the necessary formalities
for settlement in America. In cases where
a child or his/her parents applied
for family reunification in a third country, the authorized Vietnamese agency
worked to expedite
the request quickly on a humanitarian basis. Many cases have
been resolved to enable children or their parents to settle in another
country.
However, many applications for family reunification were not accepted by foreign
countries because they did not meet the
necessary requirements. Applicants
whose requests were either accepted or rejected were not subject to
discrimination or negative
consequences.
- The
Vietnamese authorities have taken necessary measures to bring back children who
have been trafficked abroad. Vietnamese embassies
abroad are required to take
prompt action and measures to return Vietnamese adults or children who are in
danger back to Viet Nam.
- Children
who are involved with criminal cases are not permitted to go abroad. This
limitation does not affect children’s rights
as defined by articles 3, 6,
12 and 13 of the Convention. The Government has promulgated many legal
documents creating favourable
conditions for Vietnamese citizens in general and
for children in particular to go abroad and return. However, illicit transfers
of children abroad have made it more difficult for the authorized agencies to
implement these articles.
E. Illicit transfer and nonreturn (art. 11)
1. Legal context
- Prime
Minster’s Decision No. 766/TTg assigns responsibilities in the
prevention of the illicit transfer of women and children.
2. Implementation
- The
illicit transfer of children abroad is one of the current critical issues. The
illicit trafficking is undertaken primarily to
transfer children to neighbouring
countries through Viet Nam’s northern and southwestern borders. In
1995/96, 22 cases of
trafficking 39 girls abroad for prostitution were reported
in three provinces. A 1996 survey found that of 28 cases of illegal
trafficking, seven victims were children under 16. From 1996 to March
1997, 64 cases of trafficking of women and children abroad were
prosecuted.
- Limited
resources and the long borders between Viet Nam and neighbouring countries
cause many difficulties in preventing this trafficking.
Agencies are developing
plans to implement Directive 766/TTg, which assigns responsibilities to various
ministries and branches.
Their efforts will include a survey and investigation
of the situation, promoting information dissemination via the mass media to
increase public awareness, and facilitating close collaboration between border
guards and police to more strictly control the borders
and identify and suppress
trafficking routes. Under this directive, offenders will be rapidly brought to
trial and severely punished.
Viet Nam has been in active cooperation with
ASEAN countries and the SubMekong region countries to stop crossborder
trafficking
of women and children.
F. Recovery of maintenance for the child (art. 27,
para. 4)
1. Legal context
- See
the previous report.
2. Implementation
- In
reality, for cases where parents do not fulfil their financial obligations to
raise their children, the court or local authority
either obliges them by a
court judgement to implement their obligations or takes administrative measures
to recover money and transfer
it to the child’s primary parent or
guardian. Those who do not fulfil the obligation are usually poor or not
responsible for
their children after divorce.
- While
this method has been implemented in Viet Nam, the State has yet to reach
international agreements on the recovery of childcare
expenses from Vietnamese
citizens who are overseas.
G. Children deprived of a family environment
(art. 20)
1. Legal context
- See
the previous report.
2. Implementation
- In
special cases where children are deprived of a family environment (for example,
due to the parents’ death or detention),
the State or the community will
provide the necessary support. This may entail entrusting the child to a
relative or sending the
child to an orphanage or SOS
village.[11]
- For
those orphans who are raised in institutions or in foster families, the
appropriate authority and mass organization follows alternative
care conditions,
readjusting them when necessary. These children are not subject to any
discrimination by communities or institutions.
- Services
for children in especially difficult circumstances are now being expanded.
These include SOS villages, orphanages, community
dropin centres and encouraging
alternative care by a relative or adoptive parent. The new policy is to keep
children in their communities
if possible, surrounded by familiar people.
Children are sent to an orphanage only when there is no alternative available in
their
community. The State provides subsidies to orphans in community
care.
H. Adoption (art. 21)
1. Legal context
- Ensuring
the best interests of children is the main objective of Viet Nam’s
legislation on adoption:
(a) The Civil Code of 1995,
article 40, stipulates: “the right to adopt a child and the right to
be accepted as an adopted
child shall be recognized and protected by law”;
article 59 regulates the registration of adoption;
(b) The
Ordinance on Marriage and Family between Vietnamese and Foreign Citizens of
1993, article 16, stipulates the conditions that
a foreign national has to
follow when adopting a Vietnamese child, as well as the rights and obligations
of the adoptee and the adoptive
parents;
(c) Government Decree 184/CP of
1994 regulates the procedures for marriage, recognizing an illegitimate child,
adopting a child and
fostering a child between a Vietnamese citizen and a
foreign national.
2. Implementation
- The
above legal instruments have fully and specifically provided the conditions that
a foreign national must observe in order to adopt
a Vietnamese child, and the
measures to be taken to ensure the child’s best interests when adopted in
Viet Nam. A foreign
national can only adopt a Vietnamese child if no
family in Viet Nam offers adoption or to accept responsibility for the
child. It
is a measure of last resort to benefit unaccompanied
children.
- The
adoptive parent(s) must demonstrate civil behaviour and good character, and have
an income sufficient to ensure quality care and
education for the adopted child.
In cases where a foreign national wishes to adopt a Vietnamese child, his/her
Government must permit
the adoption. The tasks and rights of adoptive parents
and their children are defined by the laws of the adoptive parents’
country. This provision ensures the child’s right to enjoy the protection
and welfare of the country where he/she will live. One of
measures which ensures the child’s best interests requires that the
adoptive
parents agree to submit to the relevant Vietnamese authority an annual
report about the child’s development until he/she is
18 years
old.
- The
People’s Committee of the province or city where the adoptee resides is
authorized to conduct adoption procedures in which
a foreign national adopts a
Vietnamese child. In order to ensure the best interests of the child,
Vietnamese legislation also clearly
provides that the potential adopter must
demonstrate to the authorities a legitimate motive (i.e. without any sign
of profitmaking).
- Both
local and international adoptions have been permitted based upon the above
regulations. The supervising system also regulates
the Ministry of Justice, the
main agency responsible for international adoption in cooperation with others
including the Ministry
of Foreign Affairs (MOFA), the Ministry of Labour,
Invalids and Social Affairs (MOLISA) and the Ministry of Public Security (MPS).
Viet Nam’s embassies abroad are expected to follow up with Vietnamese
adopted children.
- The
Ministry of Justice requests the provincial justice departments to keep better
records and statistics in the future. According
to statistical data, most
foreigners seek Vietnamese adoptees in the big cities. The average age of
adopted children ranged from
newborn to less than one year old. Statistical
data on the number of domestic adoptions are not available.
I. Periodic review of placement (art. 25)
1. Legal context
- No
change as compared with the previous report.
2. Implementation
- The
competent State agencies place children needing care, protection and treatment
for physical or mental ailments in various State
care institutions. These
institutions are monitored and supervised by the concerned ministries and
sectors to ensure the appropriateness
of the care and protection of these
children. MOLISA manages orphanages and social centres; MOET manages special
schools for children
with disabilities and boarding schools for ethnic minority
children; and MPS manages reform schools for children in conflict with
the law.
Besides supervisory activities within each ministry, intersectoral control is
part of the mandate of the CPCC, mass organizations
and others, to ensure that a
child enjoys his/her rights in institutional care. For instance, an orphan is
entitled to 15 kg of
rice per month.
- In
principle, Vietnamese embassies or consulates are responsible for reviewing the
care of children adopted by foreigners and recommending
solutions when problems
arise. However, there are still limitations to fully implementing the
supervision of both domestic and international
adoptions.
VI. BASIC HEALTH AND WELFARE
A. Disabled children (art. 23)
1. Legal provisions
- The
Law on Education of 1998, article 9, stipulates that “education is
both the right and obligation of citizens”; “the
State gives
priority to the disabled people to implement their right to and obligation in
education”.
- The
Ordinance on People with Disabilities of 1998 stipulates that the rights of
disabled people, including children, to rehabilitation,
education and vocational
training for social reintegration are assisted by the State and
society.
- Government
Decree No. 55/CP of 1999 on concrete regulations for the implementation of
a number of articles of the Ordinance on People
with Disabilities, stipulates
the reduction or suspension of fees and other contributions for disabled
students.
- Government
Decree No. 26/CP of 1995 transferred responsibility for the education for
disabled children, including the deaf, from MOLISA
to MOET.
- Government
Decree No. 95/CP of 1994 provides that disabled people may benefit from
reduced hospital fees or free hospital services.
2. Implementation
- Currently
there are an estimated 200,000 disabled children in
Viet Nam.[12] Children
with disabilities are one of the categories that need care.
- The
implementation and results of programmes and projects for children with
disabilities in Viet Nam are as follows:
(a) The Operation
Smile programme in the past few years has given back smiles to nearly
2,000 children in most provinces. This programme
has been carried out by
the Vietnamese Fund for Children, a unit of the CPCC, in cooperation with the
health sector and international
organizations;
(b) The Programme for
Children’s Eyesight started in 1998 in 19 provinces and cities has
provided eye operations for nearly
300
children;[13]
(c) The
communitybased rehabilitation programme (CBR), conducted by the Ministry of
Health, has been well implemented in 30 provinces.
Up to now,
70 per cent of rehabilitated children have made progress and been
socially reintegrated. This rehabilitation has been
a multidimensional effort,
focusing on health, education, vocational training and social mainstreaming.
There is a network of institutions
that serve disabled children: 64 centres,
2 camps, 10 SOS villages and many classes and centres at community
level.[14] The CBR, started
in 1987, together with other programmes has contributed to the improvement of
the situation of people with disabilities,
including children. Staff are
trained in communitybased rehabilitation skills to guide families to carry out
daily exercises for
their disabled children. This programme receives support
from many NGOs, including Radda Barnen, Save the Children Fund/UK, World
Vision,
Dutch Komitee Twee, Handicap International, Health Volunteers Overseas, Vietnam
Assistance for the Handicapped, and Catholic
Relief Services. Efforts made in
the UNICEFsupported expanded immunization programme have been fruitful in
preventing diseases causing
disability among children.
- To
facilitate the reintegration of disabled children into schools and communities,
public education activities have been undertaken
to build a spirit of sympathy,
tolerance and inclusion towards disabled children. The national programme of
universalization of
primary education is one of the measures for disabled
children. Pilot programmes to promote inclusive education have been developed
by the National Institute for Educational Sciences, including special training
for teachers. Inclusive education now covers 42 provinces,
enrolling 42,000
disabled children in regular schools. In addition to inclusive education, there
is a network of 80 special schools
and centres under MOET assisting children
with disabilities with special education, boarding, and prevocational training,
enrolling
about 4,000
children.[15] In these
schools and centres, disabled children receive both education and vocational
training.
- In
both State or localrun institutions, all costs, boarding and education are
subsidized by the national budget. Many localities
have a priority policy to
allocate funds or mobilize resources from foreign organizations to invest in
building institutions and
purchasing equipment for teaching, learning and
entertaining in these institutions. Between 1995 and 1998, the percentage of
disabled
children, orphans and street children who received the assistance from
the State increased from 12 per cent to
16.8 per cent.
3. Limitations
- Although
the communitybased rehabilitation programme has produced certain successes, its
coverage is limited. Moreover, there is
still a big shortage of skilled workers
for rehabilitation and of teachers for children with diverse disabilities, and
especially
a shortage of vocational training centres and schools for seriously
handicapped children. There is still a large gap between both
State investment
and contributions from the people and the needs of disabled children.
4. Future plans
- MOET
will construct a special programme for the rehabilitation of disabled
children.
B. Health and health services (art. 24)
1. Legal context
- The
Labour Code of 1994, article 120, stipulates the “prohibition on
employing children under 15, except in certain jobs and
work to be regulated by
MOLISA”; article 121 stipulates “the employer can only use
adolescent workers in such work as
is appropriate for their health in order to
ensure their physical, intellectual and behavioural development, and is
responsible for
attention and care for adolescent workers as regards labour,
payment, and education in the process of work. It is forbidden to use
juvenile
labour in hard, dangerous work or in contact with harmful chemicals on the list
of jobs regulated by MOLISA and MOH”;
article 122, section 2:
“Working time for juvenile workers shall not exceed 7 hours a day or 42
hours a week.”
- The
following also apply:
(a) Government Decree No. 95/CP of
1994 on collection of partial hospital fee;
(b) Government Decree
No. 34/CP of 1996 on the implementation of the ordinance on the prevention
and control of HIV/AIDS infection;
(c) Prime Minister’s Decision
No. 481/TTg of 1994 on the organization of the campaign to promote the use
of iodized salt;
(d) Prime Minister’s Decision No. 307/TTg of
1994 on the issuance of regulations on trading and use of breast milk
substitutes
in support of breastfeeding;
(e) Prime Minister’s
Decision No. 576/TTg of 1995 on approval of the national plan of action for
nutrition;
(f) Prime Minister’s Decision No. 224/1998/QD/TTg
of 1998 adding the goal of under5 child malnutrition control to the national
programme on the elimination of transmitted diseases and dangerous epidemics
under the management of the Ministry of Health;
(g) InterMinisterial
Circular No. 18/TT/LB of 1994 issued by the Ministry of Health, the
Ministry of Trade, the Ministry of Culture
and Information and the CPCC
providing guidance on the implementation of Decision
No. 307/TTg;
(h) InterMinisterial Circular No. 09/TT/LB of
1995 of MOLISA and MOH issues regulations on harmful conditions and work for
which
adolescent labour is forbidden.
2. Implementation
- The
general trend in State spending for health has been upward. Between 1990
and 1997, State spending for health increased more than
twofold, reflecting
the very high priority the Government has placed on health. In 1997, health
spending was 5.6 per cent of total
State spending, about
3.4 per cent of
GDP.[16] However, a lower
proportion of State spending goes to the health sector than to the education
sector.
- Many
childfocused healthcare programmes have been successfully implemented in
Viet Nam, including the Expanded Programme on Immunization
(EPI), the
Control of Diarrhoeal Diseases (CDD) project, the Acute Respiratory Infection
(ARI) project, the CommunityBased Rehabilitation
(CBR) programme and the
ProteinEnergy Malnutrition (PEM) project for children under 5.
Expanded Programme on Immunization (EPI)
- The
EPI programme began in 1981. By 1989, Viet Nam had achieved the goal of
Universal Child Immunization, vaccinating 87 per cent
of children
under 12 months against six diseases: tuberculosis, diphtheria, pertussis,
tetanus, measles and poliomyelitis. In 1996,
coverage increased to
95 per cent. In 1997, the Government decided to introduce four new
vaccines into selected highrisk areas in
order to prevent Japanese encephalitis,
viral hepatitis B, typhoid fever and cholera. The Government plans to
extend these four
vaccines to all risk areas by the year 2000.
- The
results of the EPI programme have been very encouraging. Incidence of EPI
diseases is steadily decreasing. From 1994 to 1996,
reported diphtheria cases
dropped by 3 per cent, pertussis by 55 per cent, neonatal
tetanus by 32 per cent, measles by 53 per cent,
and wild
polio virus by 93 per cent.
Table 2
National immunization coverage in children under 12 months,
19931998
|
|
1994
|
1995
|
1996
|
1997
|
1998
|
Rate
|
91%
|
94%
|
94%
|
95%
|
95.4%
|
95.1%
|
Source: MOH.
Table 3
Tetanus immunization coverage for pregnant women,
19931998
|
|
1994
|
1995
|
1996
|
1997
|
1998
|
Rate
|
71%
|
79%
|
82%
|
82.1%
|
83.53%
|
83%
|
Source: MOH.
Control of Diarrhoeal Diseases (CDD)
- The
health sector developed this programme in 1982 in an effort to reduce the death
rate from diarrhoeal diseases and has seen enormous
success. From 1984 to 1994,
the mortality rate of this disease among children under 5 has declined by 64 per
cent and the incidence
of diarrhoeal diseases has been reduced by 38 per
cent.
Table 4
CDD project results, 19931997
|
|
1994
|
1995
|
1996
|
1997
|
No. of communes with programmes
|
8 556
|
9 227
|
9 631
|
9 800
|
9 758
|
Percentage of communes covered
|
87%
|
92%
|
95%
|
97%
|
96%
|
Source: MOH.
Acute Respiratory Infection Project (ARI)
- ARI
causes the highest morbidity and mortality rates among children in
Viet Nam, accounting for approximately 3035 per cent of hospitalization
cases among children under 5 each year. In addressing this problem, the ARI
project has been widely implemented, successfully reducing
mortality and
morbidity rates in each region. For example, in some regions the rate of
diarrhoeal episodes in children used to be
35 or 56 times per year, now reduced
to 1.82.2 times/per year. The project’s coverage area has been
expanded.
Table 5
Results of ARI project, 19931998
|
No. of provinces
|
No. of communes
|
1993
|
53
|
4 484 (44.8%)
|
1994
|
53
|
5 399 (53.9%)
|
1995
|
53
|
6 415 (62.7%)
|
1996
|
53
|
6
877
|
1997
|
61
|
7 667 (74%)
|
1998
|
61
|
9 116 (87%)
|
Source: MOH.
Malnutrition Control Programme for children under
5
- In
1994, about 45 per cent of Vietnamese children under 5 years old were
underweight, 47 per cent were stunted and 11.6 per cent
wasted.
Micronutrient deficiency affected both women and children:
xerophthalmia prevalence was seven times higher than the
WHO cutoff point; 94 per cent of the population aged 8 to 12
suffered from iodine deficiency disorders (IDD); iron deficiency anaemia
(IDA)
prevalence among children under 2 years old, pregnant and nonpregnant women were
60 per cent, 40.2 per cent and 52.7 per cent,
respectively.
- With
assistance from UNICEF and other international organizations, the Government has
been actively designing and implementing several
nutrition programmes and
projects to control all these forms of malnutrition. Recognizing nutrition as
an outcome of multisectoral
interventions, advocacy and social mobilization have
been intensified to raise awareness and empowerment of both political leaders
and community and family. Substantial financial support from the Government to
nutrition programmes clearly reflects its high commitment
to improving the
nutritional status of women and children. About 30 billion D yearly have been
allocated to the (PEM) programme
and 60 billion D to the IDD
programme.
- Several
nutrition-related events have been well organized to mobilize active annual
participation in nutrition programmes, such as
Micronutrient Days during
Children’s Month in June, Breastfeeding Week in August, and Nutrition and
Development Week in October,
the IDD Day in November and the vitamin A
supplementation connected with the National Immunization Days in December.
These events
have greatly contributed to the success of the nutrition programme.
- Breastfeeding
has been promoted and expanded, concentrating initially on improving practices
in the provincial and central maternity
hospitals. So far 37 hospitals have
successfully passed the assessment of the 10 steps required for successful
breastfeeding, thus
becoming “baby-friendly hospitals”.
Breastfeeding promotion is also an important part of the communitybased
nutrition
education programme.
- In
1998, a comprehensive national investment plan for the child nutrition sector
was prepared and approved by the Government. This
important document is highly
appreciated and used by the international community in considering their
potential financial support
to the nutrition programme in Viet
Nam.
- The
PEM control programme has been quickly expanded from pilot to nationwide scale
with great support from the Government and organizations.
Improved knowledge
and behaviour of family members has gradually reduced PEM prevalence. A
national survey in 1998 showed the PEM
prevalence reductions: 39 per cent of
Vietnamese children under 5 years old were underweight, 34.4 per cent were
stunted and 10.6
per cent were wasted.
- The
rate of xerophthalmia was reduced to below the WHO regulation. At present,
Viet Nam is the second country in the region where
there is no
xerophthalmia due to vitamin A deficiency. The clinical form of vitamin A
deficiency has been virtually eliminated and
this achievement is maintained.
The Government considers vitamin A supplementation as a longterm strategy while
other approaches
like fortification and improved diet are promoted to eliminate
the sub-clinical form of this deficiency in the near future.
Table 6
Under 5 malnutrition rate (underweight)
|
1994
|
1995
|
1996
|
1997
|
1998
|
45.62
|
44.9
|
43.9
|
40.6
|
39.8
|
Source: MOH.
Iodine Deficiency Disorders (IDD)
control
- Substantial
progress has been achieved in control of IDD. In addition to enormous financial
support, the Government has issued a
decree on compulsory universal salt
iodization. By 1998, 63.6 per cent of households consumed adequately iodized
salt. The Government
plans to declare elimination of IDD by the end of
2005.
- Due
to the complexity and difficulty of controlling IDA, the programme started in
1998 and gradually expanded to 61 provinces and
cities mainly with iron/foliate
supplementation and education. This programme is closely integrated with PEM
control and vitamin
A programmes for higher cost-effectiveness and
efficiency.
- There
are a number of other programmes and activities that address women and
children’s health issues, such as tetanus prevention
injections for
pregnant women, developing baby-friendly hospitals, launching rheumatism
prevention efforts, and implementing a Clean
Water and Sanitation (WATSAN)
programme. Other efforts include the Bamako programme, free medical
consultation and treatment for
poor children, family planning education, and
public education campaigns on the importance of disease prevention. In order to
implement
the NPA, these programmes have relied on substantial State funding and
international assistance, including capital loans from the
World Bank and the
Asian Development Bank and grants from other Governments.
Table 7
Percentage of population with access to safe water and hygienic
sanitation
|
Hygienic sanitation
|
1994
|
1995
|
1996
|
1994
|
1995
|
1996
|
42.7%
|
45.2%
|
47.07%
|
25.5%
|
27.3%
|
29.03%
|
Source: GSO.
Table 8
Infant mortality rate (IMR) per 1,000 live births
|
Under 1 year
|
Under 5 years
|
1989
|
37.4
|
59.7
|
1990
|
54.7
|
68.4
|
1991
|
44.3
|
53.5
|
1992
|
45.2
|
50.6
|
1993
|
43.3
|
-
|
1995
|
45.1
|
61.6
|
1996
|
45.2
|
61.6
|
1997
|
39.0
|
48.5
|
1998
|
39.0
|
48.5
|
Source: MOH.
Table 9
Reduction rate of low-weight newborn infants
|
|
1996
|
1997
|
1998
|
Low weight newborn
|
10.1%
|
9.5%
|
9.5%
|
9.5%
|
Source: MOH.
- HIV/AIDS
is spreading in Viet Nam. As of December 1998, there were
approximately 11,300 reported cases of HIV and about 2,200 of
AIDS. To
reduce HIV/AIDS transmission, the Government has strengthened preventive
activities and other measures, especially communication
and advocacy activities
aimed at eliminating the transmission of the disease. Efforts to control
HIV/AIDS, prostitution and drug
abuse have been coordinated. The health sector
has focused on ensuring safe blood transfusions as well as monitoring the
treatment
of patients with HIV/AIDS in order to strengthen HIV/AIDS prevention
during the care and support of infected patients, including
children. The
State has also started to train paediatricians who will specialize in the
diagnosis and treatment of HIV-infected
children, the management of HIV-infected
mothers, and the early use of AZT in treatment. In addition, the National AIDS
Committee
has started HIV/AIDS prevention activities for children in Viet Nam,
and UNAIDS has launched a public education campaign for children.
- Commune
health stations charged with primary health care offer a number of health-care
services for mothers and children. These stations
are staffed with from three
to five government health workers, and each includes a midwife, obstetrician or
paediatrician. Health
care for
children in communes has had a positive impact on reducing the rate of common
diseases and child mortality, especially the malnutrition
rate. By 1997, about
22 per cent of health service stations in communes had medical doctors.
- Health-care
services for mothers provided by the commune health stations include: provision
of care to pregnant women (pregnancy
care, assistance in delivery,
identification of possibly complicated pregnancies that may need the care of a
higher-level hospital,
tetanus vaccination, dispensing iron supplements to
iron-deficient mothers, educating pregnant women on proper nutrition and rest
practices); tetanus vaccination of women of reproductive age; other medical
assistance.
- Health-care
services for children provided by the commune health stations include:
vaccination; nutritional education, provision of
medical supplements for
children under 5, including iron to prevent anaemia, vitamin A to prevent some
eye diseases and iodine to
prevent goitre; public education and provision of
medicine to prevent diarrhoea and acute respiratory infections.
- In
the future, State health workers should train village health workers and
traditional birth attendants so they can work with commune
health workers to
care for women and children in the community.
2. Limitations
- The
following challenges remain in the field of health care for children:
(a) The mortality rate of children under 24 hours old is still
high. This indicates that emergency services for newborns at the
local level
are still inadequate as some poor districts do not have the necessary emergency
equipment and means of transportation,
and lack sufficient community
organization and support for pregnant mothers;
(b) Some health
indicators are still high: under5 child malnutrition rate
(39.8 per cent), anaemic pregnant women (52.7 per cent),
anaemic
children under 5 (45.3 per cent);
(c) Some childhood diseases
that were once reduced, such as cholera and typhoid, are now
re-emerging;
(d) Inadequate vaccine supply to cope with the Japanese
encephalitis epidemic.
3. Future plans
- Beside
continuing its further investment in the health sector, the State will encourage
organizations and individuals to mobilize
resources from the population and all
economic sectors to develop health services in accordance with the State
regulations.
C. Social security and childcare services and facilities (art.
26, para. 3)
1. Legal context
- The
following apply:
(a) The Civil Code of 1995, article 32,
section 1, states: “An individual shall have the right to safety of life,
health and
body”;
(b) Government Decree 95/CP of 1994 on
collection of part of hospital fees;
(c) Statute on Social Insurance
attached to Government Decree No. 12/CP of 1995 includes concrete regulations on
the rights of parents
with small children to social insurance;
(d) Prime
Minister’s Decision No. 167/TTg of 1994 stipulates that orphans
under 16 years of age receive a monthly allowance
at the commune
level;
(e) MOLISA Minister's Decision No. 869/LD-TBXH of 1995 issues
regulations on the running of social centres that provide care for
social target
groups that include disadvantaged children;
(f) MOLISA Circular No.
06/LD-TBXH guides the implementation of the Statute on Social Insurance attached
to Government Decree No.
12/CP of 1995;
(g) Intersectoral Circular No.
05/1999/TTLB LDTBXH-YT-TC of 1999 (MOLISA, MOH and MOF) guides the buying
of health insurance for
the target groups mentioned in Government Decree No.
95/CP of 1994.
2. Implementation
- Although
the country is still poor and has numerous economic development priorities, the
State has issued many legal documents and
allocated a considerable budget to
social development, including social security, in recent years. This investment
is aimed at sustaining
the minimum living conditions for the disadvantaged
groups. In addition to the State budget, private enterprises and communities
have been mobilized to contribute to the reduction of the disadvantages of
these groups.
- In
strengthening measures to protect the life and physical security of all
citizens, including children, provinces and cities continue
to implement 1995
Government Decrees No. 36/CP on road and urban traffic safety, 1996 No.
39/CP on railway traffic safety and No.
40/CP on domestic waterway traffic
safety. Ministries and agencies have coordinated to educate the population via
the mass media
on traffic safety and awareness of traffic rules, and to take
strict measures against violations of safe traffic rules on roads,
railways and
waterways. Thanks to these efforts, traffic accidents in some provinces and
cities have been considerably reduced.
However, at the national level, traffic
accidents remain a great concern, while the authorities are seeking further
effective solutions.
At present, the education of families and communities to
protect the children from accidents has been carried out and strengthened.
D. Standard of living (art. 27, paras. 1-3)
1. Legal context
- No
change as compared with the previous report.
2. Implementation
- In
Viet Nam, tradition dictates that every family and community reserve what is
most precious for their children, in the belief that
if children are better off
than their parents, the family is happy.
- Indicators
on health, nutrition, education and care, economic development, general social
improvement, and the impact of social programmes
indicate that children’s
quality of life has improved greatly over the last six years. These changes
have been fuelled in
part by Government investments and social contributions.
However, the country still faces many difficulties and
challenges.
- Renovating
the country has required a two-tiered approach. On the one hand, the Government
prioritizes economic development in order
to alleviate poverty and
underdevelopment. On the other hand, the Government has also focused on social
programmes that help to
bridge unequal development between geographical areas
and demographic groups. Particular emphasis has been placed on social
programmes,
especially the National Programme of Eradicating Hunger and
Alleviating Poverty, the National Programme on Job Creation, and the
Social-Economic Development Programme in the Extremely Disadvantaged Communes
(in the mountainous and remote areas), giving particular
attention to the poor
and disadvantaged families to enable them to increase their income and improving
living standards to ensure
the minimum conditions for children’s
development. In addition to providing allowances for poor families, the
Government also
offers loans to promote household economy and income generation.
The Government has helped international organizations and NGOs identify
poor
areas and disadvantaged groups where their assistance is most needed, and women
and children are the target groups for their
direct or indirect assistance.
Currently, about 80 per cent of the annual budgets of international NGOs working
in Viet Nam finance
projects for women and children.
VII. EDUCATION, LEISURE AND CULTURAL ACTIVITIES
A. Education (arts. 28-29)
1. Legal context
- Beside
those mentioned in the previous report, there are some
additions:
(a) The Law on Education of 1998, articles 73-77,
stipulates the tasks and rights of learners;
(b) Government Decree No.
73/1999/ND-CP of 1999 on the policy to encourage the socialization of activities
in education, health,
culture and sport;
(c) Prime Minister’s
Decision No. 51/1998/QD-TTg of 1998 on the establishment of the Credit Fund for
Training;
(d) Inter-Ministerial Circular 14/TT/LB of 1994 issued by the
Ministries of Education and Training and Finance outlines policies
on school
fees;
(e) Inter-Ministerial Circular No. 27/TT/LB of 1996 issued by the
Ministry of Education and Training and the Ministry of Culture
and Information
establishes principles on coordinating the training of art and music
teachers.
2. Implementation
- In
order to implement its education goals, the Government has regularly increased
the budget of the education sector. State spending
on education rose from 12.7
per cent in 1995 to nearly 15 per cent in
1998.[17] The Government has
issued a policy to encourage organizations and individuals to mobilize resources
in the population and all economic
sectors to promote all forms of education
besides the public one. The Government also mobilized resources from abroad to
support
this programme (including loans from the World Bank).
- The
Government has applied many measures to increase the enrolment rate at all
education levels.
Table 10
Enrolment in pre-school education, 1993-1998
|
|
1994-1995
|
1995-1996
|
1996-1997
|
1997-1998
|
Number of pupils
|
1 659 200
|
1 777 000
|
1 931 600
|
2 092 501
|
2 245 661
|
Percentage
|
34.18%
|
27.4%
|
28.98%
|
37.14%
|
38.90%
|
Source: MOET.
Table 11
Gross enrolment ratio in primary education,
1993-1998[18]
|
1993-1994
|
1994-1995
|
1995-1996
|
1996-1997
|
1997-1998
|
Number of pupils
|
9 885 083
|
10 047 564
|
10 218 169
|
10 348 964
|
10 437 700
|
Enrolment as a % of total number of children from 6-10 years old
|
109.40%
|
110.95%
|
112.01%
|
111.89%
|
110.55%
|
Source: MOET.
- Drop-out
rates have declined to less than 10 per 100 students at all levels, and the
percentage of students repeating a grade is below
5 per cent for all
levels.[19]
Table 12
Drop-out and repeat rates in primary and basic secondary
education, 1992-1998
|
1993-1994
|
1994-1995
|
1995-1996
|
1996-1997
|
1997-1998
|
Number of primary pupils
|
9.72 million
|
10.04 million
|
10.20 million
|
10.37 million
|
10.43 million
|
Repeats
|
6.2%
|
5.1%
|
4.8%
|
4.36%
|
3.64%
|
Drop-outs
|
6.6%
|
6.9%
|
7.2%
|
6.42%
|
5.84%
|
Number of junior secondary school pupils
|
3.10 million
|
3.67 million
|
4.86 million
|
4.86 million
|
5.25 million
|
Repeats
|
3%
|
2.6%
|
2.4%
|
2.31%
|
|
Drop-outs
|
2.5%
|
7.4%
|
9.4%
|
8.08%
|
|
Source: MOET.
- With
the objective of achieving education that trains Vietnamese citizens in
comprehensive development with ethics, intelligence,
health, art and career, the
education sector has created conditions for the children to realize fully their
right to education.
Therefore, in past years Vietnamese students have won many
prizes in international competitions.
- Besides
formal education, the Government has developed non-formal classes for children
such as complementary classes, alternative
basic education classes for
disadvantaged children, multi-grade and bilingual-education schools for ethnic
minority children, and
summer illiteracy eradication classes for children
(undertaken by youth and students). These new approaches have helped to
decrease
the out-of-school rate.
- The
education sector has also developed a system of vocational training. This
system was designed to attract children who have completed
their primary or
junior secondary education but do not have the opportunity to pursue senior
secondary education. The Government
is also working with communities and social
organizations to reduce the number of out-of-school children. Disabled children
have
been enrolled in special schools and classes that offer appropriate study
conditions, treatment, and reintegration into regular schools.
The Government
has also introduced primary and basic secondary education in reform schools.
- At
present, all students of primary education pay no school fee. For students of
other education levels, the Government has a policy
of reduced or no school fee
for target groups such as those who enjoy the social policy or poor ethnic
students in the most disadvantaged
socio-economic areas, unaccompanied orphans,
disabled children and children in extremely difficult circumstances (students
from poor
families only contribute 50 per cent of the
school fee).
- In
addition to central and regional teacher training colleges, provinces have their
own teacher training colleges and centres. To
improve the teaching standard,
the State issued a policy to offer regular intensive training in both knowledge
and career.
- At
present, MOET has had an instruction to guide and improve the quality of
teaching and readjust the extra teaching and learning
of both teachers and
students, to ensure the quality of the teachers.
- In
schools, beating or corporal punishment as well as discrimination as regards sex
and ethnicity are strictly prohibited. The disciplinary
measures used in
schools are to educate, not punish. Students’ personalities and dignity
are to be respected at school.
3. Limitations
- In
rural, remote and mountainous areas, there are still many children aged from 6
to 14 who are not enrolled, have dropped out or
repeat (especially girl
children), for many reasons including the shortage of schools and classrooms or
the long distance from their
villages to schools. Legal provisions on birth
registration have yet to be implemented seriously and fully in a number of
localities,
especially in the mountainous and remote areas. A large number of
children have no birth certificate or residence registration which
causes
difficulties with their school enrolment.
- There
is a shortage of teachers as well as teaching materials, especially in
mountainous areas. In the 1997/98 school year, there
was a shortfall of 50,000
teachers at the primary school level, 38,000 in lower secondary and 15,000 in
upper secondary.[20]
Cultural and language barriers are one of the obstacles to sending lowland
teachers to ethnic minority areas. This also contributes
to poor teaching
quality.
- For
the poor families, when facing a choice, they choose the male child to continue
learning. At present, there are no statistical
data on the enrolment and
drop-out rate as regards gender.
- While
many poor students cannot go to school or drop out of school, children of
well-off families in big cities must learn too much
(extra learning beside
classes), and they are short of time for recreational activities.
4. Future plans
- Beside
the allocation of more funds from the budget for the education sector, there
must be appropriate measures for effective implementation
of the Government
Ordinance on the socialization of education, health, culture and sport.
B. Leisure, recreation, and cultural activities (art.
31)
1. Legal context
- The
following apply:
(a) The Land Law of 1993, article 58,
stipulates: “The land used for public purposes is for the construction of
... schools,
hospitals ... and children’s recreational
centres”;
(b) Prime Minister’s Decision No. 21/TTg of 1993
sets policies on publishing books, newspapers and films for children;
(c) Inter-Ministerial Circular No. 18/TT/LB of 1994 issued by the
Ministry of Culture and Information and MOET on coordination to
promote
cultural, artistic and communication activities in schools;
(d) Inter-Ministerial Circular No. 24/TT/LB of 1994 issued by the
Ministry of Finance, the Ministry of Culture and Information and
the Youth Union
defines the system of financing Children’s Cultural Houses.
2. Implementation
- In
recent years, central and local authorities have funded and built
children’s cultural houses and recreational centres at
provincial and
district levels. Children’s cultural houses are the sites of cultural
performances, concerts and activities
for children including sports and
recreational classes. The total number of district children’s cultural
houses increased
from 97 in 1990 to 226 in
1998.[21] Most provinces and
cities have cultural houses at the province and city levels. International
organizations and the public have
also supported this endeavour. Many local
People’s Councils have reserved land for children’s recreational
activities,
with more than 50 per cent of the districts in the country
having recreational centres or cultural houses for children. From 1992
to 1998,
the Government spent more than 20 billion dong on recreational equipment and
summer activities in cultural houses and recreational
areas for children, and
hundreds of billions of dong in 1997 alone to construct and upgrade
children’s cultural houses and
recreational centres.
- The
Government has subsidized and supported children’s mass media cultural and
artistic programmes. All of these activities
aim to ensure a child’s
right to enjoy recreational activities. The number of books published in Viet
Nam increased from 2,923
(circulation 62,145) in 1990 to 8,186 (circulation
169,800) in 1995. The number of children’s books increased from 365
in
1990 to 850 titles per year, with circulation at 9.2 million copies.
The number of magazines and newspapers for children’s
use increased from 6
in 1990 to 15 in 1998. From 1993 to 1998, the Government spent 54 billion dong
on books and magazines to be
distributed free to children in remote and ethnic
minority areas. The local authorities also subsidize the tickets for cultural
performances for children in mountainous and ethnic minority
areas.
3. Limitations
- Some
progress has been made in creating conditions for children to realize their
right to recreational activities. However, since
Viet Nam’s economy is
still so underdeveloped, other aspects of child rights have a higher priority.
While government funding
has increased yearly, it still fails to meet the
ever-increasing needs of the children in this field. Persuading international
organizations
to support the recreational needs of children has also been
difficult because these organizations often have other funding priorities.
Some
places have recreational centres but lack human resources and methods of
organizing activities, so children’s demands
for cultural and spiritual
development are not yet fully met.
- Children
are also at risk of being exposed to pornographic material and violent toys and
games, mostly smuggled from abroad.
4. Future plans
- Apart
from increasing State investment in developing recreational centres for
children, the State encourages both organizations and
individuals to mobilize
resources from the population and all economic sectors to develop recreational
centres for children as provided
by the law.
VIII. SPECIAL PROTECTION MEASURES
- Over
the last few years, Viet Nam has shifted its focus to child protection, which
will be a focus area for programmes and activities
for children up to the year
2000. The objective of protecting and caring for children in especially
difficult circumstances (CEDC)
is expanded from the NPA and developed into the
National Programme of Action for Special Protection of Children 19992002. The
approval
of this programme has shown the Government’s determination to
enhance child protection and care in order to achieve the goal
by the year 2002,
i.e. “to create a big change in awareness and action in the whole society
for protection of children as well
as to prevent, reduce and basically settle
the problems of street children, children working in toxic and heavy conditions,
children
abused physically, health, honour and children in conflict with the
law”.
A. Children in situations of emergency
1. Refugee children
(art. 22)
- Because
of the war, a significant number of Vietnamese people have left Viet Nam.
The Government of Viet Nam has actively coordinated
with the Governments of
relevant countries and UNHCR to carry out the Comprehensive Programme of Action
(CPA). Under this programme,
more than 100,000 former asylumseekers have
returned to Viet Nam from refugee camps since 1989. This includes 4,200
unaccompanied
minors. UNHCR has recognized the Government’s good will and
its efforts to implement this programme, especially the Unaccompanied
Minors
Repatriation Programme (UNAM). This repatriation was conducted according to the
goals agreed upon by both parties, facilitating
returnees’ (voluntary or
orderly) reintegration into society without discrimination.
- Children
in the camps, many of whom were born there, did not enjoy civil rights or
appropriate protection and care. Conditions were
created for returnee children
to resume their education. Their families have been given loans for production
activities. Viet Nam
has coordinated with the European Union and other
international organizations in developing an assistance programme that includes
a school allowance for children and the building of new schools, vocational
centres, health stations and other institutions. By
April 1997, 1,500 returnee
children had benefited from this assistance programme. In addition, the
Government, with its greatest
effort, is cooperating with other relevant
countries and international organizations, especially UNHCR and the
International Organization
for Migration (IOM), to return children who have been
illegally trafficked abroad.
2. Children in armed conflicts (art. 38)
- As
explained in the previous report, in Viet Nam, there are no children involved in
armed conflicts. However, the country still suffers
heavily from the
consequences of the long wars. Thousands of children whose fathers or mothers
were exposed to defoliants and toxic
chemicals, including Agent Orange, during
the war suffer disability, deformity, or other long-term health
problems.
B. Administration of juvenile justice (art. 37)
1. Legal context
- The
fundamental rights of children are protected by the general legal system,
including:
(a) The Ordinance on Sanctions against
Administrative Violations. Article 5, section 1 (a), stipulates the
age of administrative
responsibility for juveniles; article 6 defines the levels
of administrative sanctions for juveniles; article 21 stipulates the application
of educative measures at communes, wards or towns for repeat offenders and drug
addicts whose actions are so serious that they need
to be sent to reform
schools; article 22 stipulates the types of juvenile delinquents to be sent to
reform school; and articles 60-66
define the procedures for sending juvenile
delinquents to reform schools;
(b) Government Decree No. 19/CP of 1996
stipulates the regulations on the education of offenders at the communes, wards
and townships;
(c) Government Decree No. 33/CP of 1997 stipulates the
regulations on reform schools.
2. Implementation
- Viet
Nam is now in the process of studying possible amendments to the 1995 Penal
Code, the 1988 Penal Procedure Code and other legal
instruments to harmonize
national legislation with the Convention. Revised drafts are being prepared
with reference to the United
Nations Rules for the Protection of Juveniles
Deprived of their Liberty, the Riyadh Guidelines, the Beijing Rules and the
Convention.
These revisions focus on ensuring the best interest of the child,
and imposing imprisonment or detention as a last resort.
- The
intent of the treatment of juvenile crime is mainly to educate and assist
juvenile offenders to correct their mistakes, to encourage
their healthy
development, and to help them become useful citizens. In the penal procedures,
only children of 14 full years of age
and above can be criminally indicted or
accused. For children in conflict with the law, the prosecutors’ offices
and the courts
aim to apply primarily educational and preventive measures;
schools, families and communities also participate actively in these
measures.
- Representatives
from the Women’s Union, schools, the CPCC or the Youth Union are always
present during the process. The Bar
Association also sends representatives to
observe the investigation process and the trials to safeguard the rights of the
accused.
Juvenile offenders have the right to defend themselves at court or to
be represented by their guardians. Children can also be witnesses
in these
trials.
- In
order to enhance the educative rather than punishment measures, only the
following categories of children in conflict with the
law would be sent to
reform schools (as a type of administrative sanction): those from 12 full years
of age to under 14 years old
committing serious crimes as defined in the Penal
Code; those from 12 full years of age to under 16 years old convicted of
less serious
crimes as defined in the Penal Code and who were educated by
the local authority and community many times but did not change; those
from 12 years old to under 18 years old violating administrative rules on
order and social security and who were educated many times
by the local
authority and community but did not change (as defined by the law). These
children in conflict with the law would be
provided with general and vocational
education and work and live under the schools’ management. Viet Nam now
has five reform
schools for repeat juvenile offenders who are not to be
prosecuted for their criminal acts (in 1992, there were only two reform
schools).
These schools have been improved in many aspects, focusing on
education.
- Although
Viet Nam still faces numerous economic challenges, efforts have been made to
build separate detention units for juvenile
offenders who are sentenced to
prison. Families and communities are able to visit and assist these children.
There is no official
prejudice against juvenile offenders after they have
graduated from reform schools or served a prison term. Local authorities,
communities
and families, especially the Women’s Union, the Youth Union
and the local CPCC, coordinate efforts to reintegrate them into
normal
life.
- Education
campaigns on legislation relating to children have helped to raise awareness and
improve the situation of children in conflict
with the law. The Ministry of
Public Security and the CPCC have conducted national training workshops on child
rights for jail managers
and key correctional officers and teachers at reform
schools. Child rights handbooks have been distributed to officials in detention
centres and reform schools and other correctional officers. The CPCC, in
coordination with the Ministry of Justice, has also organized
training workshops
on juvenile justice for key prosecutors, police officers, judges, correctional
officials and other law enforcers,
officials, staff of the CPCC and officials
from the mass organizations at various levels.
3. Limitations
- Due
to budget limitations, the living conditions of children in conflict with the
law in detention centres have not really improved.
In addition, there are still
limitations in enforcing judicial measures applicable to juveniles.
4. Future plans
- More
communication activities and training will be provided for those who work with
children in conflict with the law at local levels.
On the basis of the
recommendations of the Committee on the Rights of the Child, Viet Nam is also
continuing to study and develop
the juvenile justice system in a way that is
suitable to the situations and conditions of Viet Nam.
C. Children in situations of exploitation, including physical
and
psychological recovery and social reintegration (art.
39)
- Regular
public education campaigns about the protection and care of children have urged
families and communities to help prevent violations,
especially in cases where
illegally imported pornography contributes to these violations. Additionally,
the monitoring of the implementation
of child rights is being
strengthened in each sector and region, and intersectoral supervision and
control have been regularly carried out. The public
is encouraged to report
violations against children to the appropriate legal agencies.
- In
large cities, some rehabilitation centres for child victims of labour
exploitation and sexual abuse have been established and worked
effectively
in recent years, especially in Ho Chi Minh City. Children who have been
the victims of abuse and exploitation in these
cities may now be brought to
child counselling and medical treatment centres, where they receive physical and
psychological treatment.
Where possible, these children have been helped to
reintegrate into families and communities, while others were sent to general
or
vocational schools to acquire skills to help them to earn a livelihood.
- However,
it is difficult to develop a contingent of skilled volunteer social workers in
rehabilitation and reintegration. Moreover,
there is excessive strain on the
State budget to assist in care and integration of exploited children into
families and communities
as well as to establish and support rehabilitation and
reintegration centres. This process requires a more stable funding
source.
- In
the near future, the CPCC will coordinate with MOLISA to study and develop
reasonable policies for these workers, especially those
who work with
children.
1. Economic exploitation of children, including child labour
(art. 32)
(a) Legal context
- The
Labour Code 1994, article 6, states that “A labourer must be at least 15
full years old, have the ability to work, and have
a labour contract”;
article 119, section 1, stipulates: “A juvenile labourer is one who
is under 18 years of age”;
section 2 of this article stipulates:
“It is strictly forbidden to misuse the labour of minors”;
article 120 stipulates:
“It is forbidden to employ children below 15
years of age, except in some occupations designated by MOLISA”;
article
121 stipulates: “An employer is allowed to employ minors
only for jobs suited to a minor’s health in order to protect
the
development of their physical and intellectual conditions as well as their
personality, and has the responsibility to take care
of the minor
labourers’ work, salary, health and education during their working
process. It is strictly forbidden to use minors
in hard or dangerous jobs or in
work which requires frequent contact with noxious substances named in the list
provided by MOLISA
and MOH”. Government Decree No. 38/CP of 1996
stipulates the administrative sanctions for violations of labour
legislation.
- The
following also apply:
(a) Prime Minister’s Directive No.
06/1998/CT-TTg of 1998 on strengthening the protection of children, prevention
and control
of street children and child labour;
(b) Inter-Ministerial
Circular No. 09/TT-LB of 1995 of MOLISA and MOH defining hazardous working
conditions and jobs in which the
employment of juvenile labourers is
prohibited.
(b) Implementation
- Most
children in Viet Nam help their parents in household activities according to
their evolving capacity. That is a condition for
forming and developing the
personality of the child.
- Viet
Nam has developed a plan of action as follow-up to the 1997 International
Conference on Child Labour held in Oslo. In implementation
of the Prime
Minister’s Directive No. 06/1998/CT-TTg, many intersectoral inspection
tours on child labour have been conducted
at national and local levels. In some
communities, there have been preliminary surveys on child labour. The surveys
and inspection
tours have shown that there is no child labour in government
enterprises, factories, or joint ventures. A recent CPCC survey of
children
working in the private service industry found that among 215 working children,
36 per cent were girls, 28.8 per cent worked
in restaurants, and 41.9 per cent
worked in electrical services. The rest worked in service jobs in private
homes, washing cars
or motorcycles, or repairing bicycles. In addition, other
government agencies and social bodies have conducted research on child
labour in
big cities with support from international NGOs
.
- In
1998, the CPCC, in coordination with MOLISA and MPS, organized a National
Conference on Street Children in Focused Areas. Over
30 models of 17 provinces
were presented for discussion and exchange. Prime Minister Phan Van Khai
attended and made a statement
on enhancing the responsibility of society,
families and local authorities in the prevention and settlement of this issue in
a close
linkage with local socio-economic tasks.
- MOLISA,
in cooperation with the Viet Nam General Federation of Trade Unions and
the CPCC, has disseminated legislation regarding labour
in general and
other legal provisions concerning child labour at various levels, and has also
enhanced the inspection and monitoring
of
the implementation and the handling of violations of the Labour Code. Local
authorities have since cracked down on the use of child
labour in several
private gold mining ventures in Bac Can, Nghe An and Quang Nam
provinces.
- The
Government has implemented national socio-economic programmes for rural
development to reduce the disparity between urban and
rural areas, to tackle the
root cause of labour migration from the countryside to urban areas, including of
children.
(c) Limitations
- In
rural areas, families that have limited labour resources and are under severe
economic pressure often expect their children to
work many hours, limiting a
child’s education and development.
- Working
children suffer from educational disadvantages due to time constraints.
Currently, little support is available to these children
except alternative
basic education classes.
- In
the market mechanism, forms of child labour are diversified. However, there are
still insufficiencies in the State management
and control of child labour.
(d) Future plans
- In
the future, there will be a priority for children in national programmes for
poverty alleviation and job creation.
- The
Government will implement the National Programme of Action for Special
Protection of Children in Difficult Circumstances in the
period 1999-2002. In
the programme, the child labour issue will be addressed through various
concerted economic, social, communication
and educational measures.
Priority will be given to expansion and diversification of educational and
vocational training models
for working children.
- Intersectoral
inspection, supervision and monitoring as well as handling of violations will be
strengthened and reinforced.
2. Drug abuse (art. 33)
(a) Legal context
- The
following apply:
(a) The 1997 Law on Amending and Supplementing
the Penal Code, article 185d on the crime of transportation of an addictive
substance;
article 185d on the crime of illegal buying and selling of an
addictive substance; article 185i on the crime of organizing the illegal
use of
an addictive substance; and article 185m on the crime of encouraging others to
use an illegal addictive substance;
(b) Government Resolution No. 6 of
1993 on prevention and control of drug abuse;
(c) Prime Minister’s
Decision No. 686/TTg of 1997 on establishment of the National Committee on
Prevention and Control of Drug
Abuse;
(d) Prime Minister’s
Decision No. 138/1998/CT-TTg of 1998 which ratifies the National Programme for
Criminal Control and Prevention;
(e) Prime Minister’s Decision No.
139/1998/CT-TTg of 1998 which ratifies the National Programme of Action for Drug
Control
1998-2000;
(f) Prime Minister’s Decision No.
134/1999/QD-TTg of 1999 which ratifies the National Programme of Action for
Protection of
Children in Especially Difficult Circumstances
19992002;
(g) The MOET Minister’s Directive No. 24/GD-DT of 1996
on strengthening drug prevention and control in schools.
(b) Implementation
- The
Party and the Government have adopted policies to eradicate drug addiction
absolutely, especially drug addiction among children
in general and among
schoolchildren in particular. The Government has confirmed that this is a long
and constant struggle to be
undertaken by all sectors at all levels as well as
by all mass organizations and also by each family.
- In
the past, the prevention and control of drug abuse has achieved important
results thanks to the active implementation of policies
set by the Party and the
Government. However, drug trafficking and addiction have not been checked
effectively and are increasing,
which has become a burning problem. According
to a report from the National Committee on Prevention and Control of Drug Abuse,
as
of December 1998, there were about 8,600 drug addicts (of whom about 4,000
were children).
- At
present, the Government has focused on directing the implementation of the
National Programme for Criminal Control and Prevention,
the National Programme
of Action for Drug Prevention and Control and the National Programme of Action
for Protection of Children
in Especially Difficult Circumstances 1999-2002,
which has a project on Prevention and Control of Drug Abuse among Children. On
the other hand, the General Plan on Drug Prevention and Control 1999-2000 will
be further implemented.
- The
line agencies and ministries in coordination with the Central Committee of the
Fatherland Front and other mass organizations have
enhanced the role of
communities and schools in eradicating this evil among
children.
- Public
education activities aimed at families, communities and schools have been
strengthened in order to improve public awareness
about the danger of drug
addiction. Many special items on drug prevention and control have been
developed in radio broadcasts, newspapers
and other mass media. The National
Committee on Drug Prevention and Control has been established.
- Public
education on destroying and not recultivating opium plants and on giving up
drugs has been undertaken among ethnic people of
focused provinces, coupled with
a crop-substitution scheme to replace opium plants with other cash crops or to
raise cattle. These
activities have shown many encouraging results. During the
period 1996-1998, in a crackdown on drugsmuggling networks, many drug-smugglers
and dealers were prosecuted and sentenced.
(c) Future plans
- These
are to continue to complete the legislation on drug prevention and control, to
develop the draft law on drug prevention and
control and to supplement and amend
the Penal Code, the Criminal Procedure Code and the ordinance on the
organization of criminal
investigation. On the other hand, international
coordination, especially with neighbouring countries, on drug prevention and
control
will be strengthened.
- The
management system will be enhanced and the enforcement forces on drug prevention
and control will be improved, especially at local
levels. The Ministry of
Public Security will join efforts with line ministries, agencies and localities
to track down the drug criminals.
The National Committee on Prevention and
Control of Drug Abuse will coordinate with related localities to check out and
destroy
completely the opium plants coupled with crop substitution and improving
production in order to ensure the people’s livelihood.
MOLISA will study
a policy of simultaneously providing treatment, vocational training and jobs for
drug addicts as well as coordinating
with line agencies to set up two regional
treatment centres for drug addicts.
3. Sexual exploitation and sexual abuse (art. 34)
(a) Legal context
- The
following apply:
(a) The 1997 Law on Supplementing and
Amending some articles of the Penal Code, article 112a on the crime of child
rape, article
113a on the crime of forcing a minor to have sex, article 114 on
the crime of having sexual intercourse with children, article 202
on the crime
of harbouring or procuring prostitution, article 202a on the crime of buying sex
with a minor, article 202b on the crime
of committing a lewd act with a
minor, and article 39 on details resulting in more severe punishment for these
crimes;
(b) Government Resolution No. 5 of 1993 on prevention and
control of prostitution;
(c) Government Decree No. 88/CP of 1995
stipulating administrative sanctions in cultural activities and services, and
handling serious
social evils;
(d) Prime Minister’s Decision
No. 822/TTg of 1997 on the ratification of the National Plan of Action for
the Advancement of
Women in Viet Nam up to the year 2000;
(e) Prime
Minister’s Decision No. 138/1998/CT-TTg of 1998 which ratifies the
National Programme for Criminal Control and Prevention;
(f) Prime
Minister’s Decision No. 134/1999/QD-TTg of 1999 which ratifies the
National Programme of Action for Children in Especially
Difficult Circumstances
19992002;
(g) Prime Minister’s Directive No. 766/TTg of 1997
which defines the responsibilities of ministries to take measures to prevent
the
illicit trafficking of women and children abroad.
(b) Implementation
- In
recent years, due to many reasons (including the illegal importation of
pornography, local poverty, deterioration of illegally
rich people and the
influence of a materialistic way of living), crimes, including sexual offences
against children, are showing
an increasing tendency. Street children and those
children who have moved from rural to urban areas are particularly vulnerable
to
sexual abuse and being lured into prostitution. In 1989, 2.9 per cent of
the prostitutes in Viet Nam was younger than 18. In
1997, survey figures
indicated that this number had risen to 13 per cent. This population is
especially vulnerable to poverty, abuse,
violence and trafficking. They tend to
be illiterate, uneducated about pregnancy and HIV/AIDS prevention, and receive
inadequate
health care for sexually transmitted diseases. Legally, child
prostitutes are considered victims, not criminals.
- Public
education to enhance people’s awareness of the danger of this evil has
been undertaken in the mass media as well as disseminated
directly to the
people. Cases of sexual abuse and sexual exploitation of children have been
punished as defined by the law. Nevertheless,
in many cases the child or the
family does not report the abuse to the law enforcement authorities for various
reasons. Currently,
counselling centres in districts (which offer counselling
on legislation, psychology, health care for children and also for families)
and
various models of caring for street children in the community (warm shelter,
dropin centres, etc.) have been working effectively.
In addition, the
Women’s Union and CPCC at the precinct and commune levels provide
counselling on legislation, psychology
and health care to families and children,
as well as report the violations, contributing to the child protection
network.
- In
addition to directing the implementation of the programme on prevention and
control of prostitution, the Government focused on
directing the implementation
of the 1995 Decree No. 87/CP on strengthening the control of cultural
activities and services and eliminating
serious social evils, including
prostitution.
- After
the Penal Code was amended in 1997, the Ministry of Justice, the Ministry of
Public Security, the People’s Supreme Office
of Prosecutors and the
People’s Supreme Court organized training courses for police officers,
judges, prosecutors and lawyers
on how to execute the new articles. According
to these articles, defendants convicted of sexual abuse and exploitation of
children
are now subject to harsher sentences.
- In
addition to amending existing legislation, the State has increased funding to
high-risk regions, especially through the Poverty
Alleviation Programme and the
National Programme on Job Creation. The mass media have tried to raise public
awareness on prevention
and control of this evil in the community. At present,
some models on care, rehabilitation and reintegration for the child victims
have
been developed.
(c) Limitations
- There
is currently a shortage of effective rehabilitation (especially psychological
rehabilitation) and reintegration skills, which
require further training as well
as more funding.
(d) Future plans
- In
responding to the Plan of Action of the World Congress against Commercial Sexual
Exploitation of Children (Stockholm, 1996), the
CPCC will, in coordination with
MOLISA, MPS, the National Committee on Drug Prevention and Control and the
Provincial People’s
Committees, carry out the National Programme on
Special Protection of Children in Especially Difficult Circumstances
1999-2002.
- The
Programmes on Hunger Eradication and Poverty Alleviation and on Job Creation
will continue to focus on high-risk regions and poor
families.
4. Sale, trafficking and abduction (art. 35)
(a) Legal context
- The
following apply:
(a) The 1992 Law on Supplementing and Amending
some articles of the Penal Code, article 149, states that a prison sentence of
one
to seven years will be imposed on anyone convicted of kidnapping, trading in
or fraudulently exchanging a child. The sentence will
be from 5 to 20
years for cases involving organized crime, overseas trafficking of a child, more
than one child, causing serious
affects, and repeat offenders;
(b) Prime
Minister’s Decision No. 138/1998/QD-TTg of 1998 ratifies the National
Programme for Criminal Control and Prevention;
(c) Prime Minister
Decision No. 134/1999/QD-TTg of 1999 ratifies the National Programme of
Action on Protection of Children in Especially
Difficult Circumstances
19992002;
(d) Prime Minister’s Directive No 776/TTg of 1997
defines the responsibilities of ministries to take measures to prevent the
illicit trafficking of women and children abroad.
(b) Implementation
- In
recent years, the trafficking and abducting of children across national borders,
especially for the purpose of prostitution abroad,
has become a serious problem.
The increasing number of children being trafficked across the border for
prostitution or adoption is
of great concern to the Government and the
families.
Table 13
Cases of child trafficking, 1993-1996
|
No. of cases tried
|
No. convicted
|
1993
|
290
|
542
|
1994
|
194
|
336
|
1995
|
219
|
370
|
1996
|
274
|
549
|
Source: MPS.
- According
to surveys, there are currently several channels through which the traffic of
women and children is conducted. This includes
smuggling routes via the
northern border with China and the south-western border with Cambodia, and
operations by fake matchmaking
services, travel agencies and international job
promotion services.
- In
order to implement the Prime Minister’s Directive on this issue, relevant
ministries and regions have developed plans to
inhibit the trafficking of women
and children across the border. The Viet Nam Women’s Union has
developed and implemented
a programme of prevention and control of this evil.
The line agencies have investigated and eliminated criminal networks to be tried
by the law. The mass media have stepped up efforts to educate and warn the
public about this danger and to encourage individuals
to report any signs of
women and child trafficking to the authorities. At the same time, government
agencies have coordinated with
international organizations and other countries
to develop and implement plans to stop crossborder trafficking. INTERPOL
Viet Nam
has also participated in this process. When information on
children trafficked to another country is received, related government
agencies
coordinate to bring them back. In the first six months of 1997, three children
who were trafficked or abducted to two neighbouring
countries were returned to
Viet Nam. These children have been reintegrated into their families and
communities after receiving rehabilitation
and medical treatment.
- Viet Nam
has also been active in participating in various regional initiatives to combat
child trafficking as well as in initiating
bilateral agreements concerning this
issue.
D. Children belonging to a minority or an indigenous group
(art. 30)
1. Legal context
- Article
5 of the Constitution stipulates: “The Socialist Republic of
Viet Nam is the unified State of all nationalities living on the territory
of Viet
Nam. The State carries out a policy of equality, solidarity and
mutual assistance among all nationalities, and forbids all acts
of national
discrimination and division. Every nationality has the right to use its own
language and system of writing, to preserve
its national identity, and to
promote its fine customs, practices, traditions and culture. The State carries
out a policy of comprehensive
development and gradually raises the material and
spiritual living conditions of the national minorities.”
- The
1998 Law on Nationality (which replaces the one adopted in 1988), article 1,
section 1, stipulates: “In the Socialist Republic of Viet Nam,
each individual is entitled to have a nationality. No citizen of Viet
Nam
can be deprived of his/her nationality except cases prescribed in article 25 of
this Law”; section 2 of this article stipulates: “All ethnic groups
who live in Vietnamese territory have equal rights to Vietnamese
nationality.”
- The
1998 Law on Education, article 5, section 2 stipulates: “The State
creates favourable conditions for the ethnic minority people to learn the
language and the script of
their ethnic groups”; article 9 stipulates:
“... the State gives preference to and creates conditions for children of
ethnic minorities ... to exercise their right and discharge their obligation to
learn”; article 56 states: “The State
establishes boarding general
schools, semi-boarding schools and preuniversity schools for children of ethnic
minorities, and children
from families who have settled permanently in
socioeconomically extremely difficult areas, which will help to train the local
workers
for these areas” and “The boarding general schools,
semi-boarding schools and preuniversity schools will be given priority
in the
assignment of teachers, material bases, equipment and budget.”
- The
following are also relevant:
(a) Prime Minister’s
Decision No. 133/1998/QD-TTg of 1998 ratifying the National Programme on
Hunger Eradication and Poverty
Alleviation, 1998-2000;
(b) Prime
Minister’s Decision No. 135/1998/QD-TTg of 1998 ratifying the National
Programme for Social and Economic Development
for the Especially Difficult
Communes in Mountainous and Remote Areas;
(c) Prime Minister’s
Decision No. 184/1998/QD-TTg of 1998 ratifying the Overall Plan on
Socio-Economic Development for the
High Plateau up to the year 2010.
2. Implementation
- In
order to create favourable conditions for the ethnic minority people to overcome
their backward and povertystricken situation,
to gradually improve their
material and spiritual life and to integrate them into the mainstream of the
country, the Government has
worked out the above-mentioned decisions and
directed the implementation of a number of policies in all fields, giving
investment
priorities to the following projects: the building of
infrastructure; supporting production and promotion of jobs; credits for the
poor and providing basic social services (such as education and health) and
other essential commodities; radio and television broadcasting
coverage;
training cadres from ethnic minority groups.
- In
1998, the Government identified 1,715 difficult communes, among them 1,000
especially difficult ones, in extremely difficult social
and economic
situations, for focused government funding and international assistance to carry
out the above-mentioned projects so
as to eradicate hunger, alleviate poverty
and accelerate socio-economic development in these areas.
- At
present, international organizations and NGOs provide support to development
projects in ethnic minority areas. One example is
the Ethnic Minority
Development Project, which has provided integrated basic services for about
90,000 children of vulnerable ethnic
minority groups. UNICEF has a project on
multigraded and bilingual education, etc. Ethnic minority children are among
the beneficiaries
who have been given priority by the State.
- At
present, in addition to the general boarding schools at central level, the
Government has developed many general boarding schools
and semi-boarding schools
in provinces, districts and groups of communes with ethnic minorities: in the
school year 1997/98 there
were
10 national schools, 42 provincial
schools, 182 district schools and 35 schools for clusters of communes, with
nearly 50,000 pupils.
In addition, there are hundreds of semi-boarding schools
established by the local population and boarding schools funded by the
local
population in communes or clusters of communes. Vietnamese is the official
language in schools; meanwhile, the State has created
conditions for ethnic
minorities to study the language and script of their own ethnic groups. In
these schools, besides the textbooks
in Vietnamese there are textbooks available
in seven ethnic minority languages (Khmer, Cham, Ede, Bana, Kho, Hmong,
Chinese). In
addition to the regulation under which schooling is free for
children of mountainous and highland areas (except the ones in cities
and
towns), there are other advantages for ethnic minority schoolchildren such as
subsidies for textbooks and stationery, or being
given preference for university
entrance. Apart from their salary, teachers working in mountainous, remote and
island areas are
provided with special subsidies.
- In
an effort to improve primary education and literacy for ethnic minority children
and women, the Government is promoting multigrade
teaching and bilingual
education in Vietnamese and ethnic minority languages.
- Health
care is free of charge for ethnic minority people.
3. Limitations
- In
Viet Nam there are 53 ethnic minority groups (approximately 10 million
people, accounting for about 13 per cent of the total population).
Some ethnic minority groups are among the poorest people. The average annual
income in these areas, estimated to be US$ 80 per
year, is far below the
national average. At present, the disparity between the highland and lowland
populations is growing. Improving
access to basic social services for ethnic
minorities remains a major challenge for Viet Nam.
- Ethnic
minority children also generally lack access to appropriate information and
education about child rights. The Convention has
not yet been fully translated
into ethnic minority languages, although some pamphlets and summaries are
available.
- Indicators
on universalization of primary education and literacy among ethnic minority
areas are still low (the literacy rate is about
70 per cent, the
percentage of children enrolled in primary school is very low; about
50 per cent of primary school-aged children
not in school in
Viet Nam are ethnic minority children), which are great challenges to the
Government. There are still traditional
practices and traditions that
discriminate against women and girls. Girls in
ethnic minority communities suffer from disadvantages in education (such as
late start in education, and early dropout). Education
facilities are often in
a state of disrepair. Schools are not located within a reasonable distance from
the villages. Teacher shortages
and poorquality teacher training in the ethnic
minority areas are widespread.
- The
overall health infrastructure in remote ethnic minority areas is still not
reasonably developed. In the mountainous areas, 60
per cent of the
population suffers from a lack of food. Child malnutrition is prevalent among
ethnic minority children, notably
among the Hmong, Nung, Tay and Dao. Ethnic
minority mothers suffer from a lack of knowledge about child nutrition. Health
care
for the ethnic minorities is faced with many difficulties due to the high
transportation cost. The ethnic minority and mountainous
areas have fewer
midwives and commune health centre workers per commune than most other country
provinces. Ethnic minority women
lack ante and post-natal care.
Unassisted deliveries are very common in ethnic minority areas. Many infectious
diseases and very
poor water and sanitation further aggravate the health
situation of ethnic minority children.
4. Future plans
- The
National Committee for Ethnic Minorities and Mountainous Areas is continuing its
direction in implementing the national development
programme in especially
difficult communes in mountainous and remote areas. The State gives priority to
funding for 1,715 difficult
communes, in which the focus will be placed on 1,000
especially difficult communes.
- MOLISA
will continue to assist the Government in coordinating with line agencies and
localities in implementing the National Programme
on Poverty Alleviation
1998-2000 and the National Programme on Job Creation 1998-2000. MPI will, in
coordination with the Ministry
of Finance, assist the Prime Minister to
effectively integrate these programmes in the same locations where mountainous
and ethnic
minority areas are the priorities.
- The
Viet Nam-UNICEF Country Programme has been readjusted to the
Government’s priorities, i.e. to invest more in targeted areas.
At the
same time, the Government appeals to international organizations to provide
support for and investment in programmes and
projects for such communes.
IX. CONCLUSION
- The
protection, care and education of children is not only a national tradition, but
also a consistent State policy of Viet Nam.
In recent years, Viet Nam
has reached considerable achievements in social development thanks to the stable
political system and the
successful implementation of the renewal (doi
moi) policy, with sound social policy for its population’s happiness
and effective State management. Due to initial economic achievements,
the State
has been able to support national development, at the same time having a larger
budget to invest in social sectors, with
priority given to
children.
- The
Convention on the Rights of the Child is one of the important United Nations
treaties on human rights that Viet Nam has ratified.
At present,
implementing child rights is one of the focuses of human rights in
Viet Nam. Meanwhile, the conversion of international
treaties to which
Viet Nam is a signatory (including the Convention) into national
legislation is a priority in the development and
improvement of the relevant
legislative system in Viet Nam. The National Programme of Action for
Children has played an important
role in national and local socioeconomic
programmes, and in smooth coordination with international cooperation
programmes, especially
those of UNICEF, and other programmes of action of social
bodies and mass organizations.
- Although
the country is facing many economic and social challenges, the State of
Viet Nam has made efforts within its capacity to
increase funding for
social development, issuing important policies and providing effective direction
in addressing social problems,
including the protection, care and education of
children. The government budget for the social sectors has increased. During
the
period between 1995 and 1998, the percentage of the State budget spent on
social sectors reached 25.6 per cent. Therefore, children,
including
disadvantaged children, now have better access to health care, education and
protection than they did previously. Children
participate more in social
activities of their own, with their friends, their families and their
communities.
- During
recent years, thanks to great efforts from line ministries at various levels,
the care, protection and education of children,
especially children in extremely
difficult circumstances, have made considerable achievements not only in the
field of organization
but also in implementation. Enrolment in primary
education is very high. The prevention and control of malnutrition among
children
under 5 as well as the care and protection of children in extremely
difficult circumstances makes greater progress than in previous
years. However,
there are still many burning problems that we have to focus on, such as: high
percentage of malnutrition among
children under 5; drug abuse in schools; child
abuse; street children; disabled and orphaned children; the shortage of
recreational
places for children, etc.
- The
CPCC, the agency assisting the Government in State management of childcare,
protection and education, has been further developed.
The system of protection
and care of children has been established and operated effectively to oversee
the protection and care of
children from the central to grass-roots level,
playing the role of focal point in this area. The intersectoral mechanism has
been
operational. Thanks to this mechanism, ministries and mass organizations
support each other to accomplish a common goal protecting
the best interests of
the child. One of the most outstanding achievements in the last six years is
the decentralization of the NPA
(1991-2000). Now four levels of government
central, provincial, district and commune - are responsible for implementing the
NPA.
The child rights indicators (CRI) will be finalized and used in all
relevant agencies. These indicators are one of the instruments
for governmental
agencies to monitor and evaluate the implementation of child rights.
- Although
many legal instruments have been amended and issued to protect the best
interests of children, it will take time for people
to understand these laws and
to abide by them. Law enforcement now plays a crucial role in Viet Nam.
To gain positive experience,
Viet Nam continues to study the juvenile
justice system in other countries. Viet Nam’s general and
childspecific legislation
will continue to be developed along with general
national socioeconomic development.
- It
can be affirmed that child rights have been better implemented in Viet Nam.
The Government has made efforts to fulfil its commitment
concerning social
issues, including child rights. However, Viet Nam is still one of the
poorest countries in the world with income
per capita of about US$ 340
per year. This has affected and limited the capacity for accumulation from the
national economy, which
is in difficulties, and it has limited the resources
needed for addressing social issues, including challenges in protection, care
and education of children. There are still many children who are out of school,
are malnourished, disabled, living in poor and remote
areas, and so forth.
These challenges demand from the State appropriate mechanisms and policies for
mobilizing all local resources
and for attracting and using the international
resources effectively.
- Viet Nam’s
advances in the protection and care of children in recent years have been
achieved with the effective support and
assistance from international friends.
Foreign Governments, international organizations, especially UNICEF, and
international NGOs,
especially the Save the Children Alliance, have played an
important role in all of Viet Nam’s successes. They have also shared
with us the constraints and challenges in this field. It is hoped that this
assistance will be maintained and expanded in the future
to help ensure the
interests of the child in general and Vietnamese children in
particular.
Notes
[*] For the initial report submitted
by Viet Nam, see document CRC/C/3/Add.4, for its consideration by the Committee,
see documents CRC/C/SR.59-61
and for the concluding observations, see document
CRC/C/15/Add.3.
GE.02-43074 (E)
300802
[1] The term
“State” refers to the Government, legislative and judicial bodies
which comprise the leadership of the Socialist
Republic of Viet Nam.
[2] Source: General
Statistics Office (GSO).
[3] Source:
GSO.
[4] Expanding Choices for
the Rural Poor.
[5]
Diplomatic Note No. 241, State Council of the Socialist Republic of Viet Nam to
the United Nations, 20 February
1990.
[6] In 1997,
several provinces were split, creating a total of 61 provinces and cities.
Eight newly created provinces are now preparing
plans.
[7] The highest
legislative body at the local level, the People’s Council elects members
of the People’s Committee and approves
local budgets.
[8] Source: CPCC,
1988.
[9] Source:
Ministry of Culture and Information, 1998.
[10] Thirty-three centres
have been established and are operated by the CPCC.
[11] Orphanages are run
by national agencies, mainly MOLISA. SOS villages are a popular term for
orphanages supported by international
donors.
[12] Source:
National Institute of Educational Science, MOET, 1998.
[13] Source:
CPCC, 1998.
[14] Source:
MOLISA.
[15] Source:
National Institute of Educational Science, MOET, 1998.
[16] Basic Social
Services in Viet Nam: An Analysis of State, Public and Donor Expenditures.
National Report at Hanoi Meeting on 20/20
Initiative, 1998.
[17] Report on the
Assessment of Education for All (EFA) in Viet Nam 1999-2000, MOET.
[18] The increasing ratio
of the number of children in primary education to the total number
of children aged 6-10 indicates the problems
of late entrance, repeating
classes, and dropout/reentry.
[19] Basic Social
Services in Viet Nam.
[20] Expanding Choices
for the Rural Poor.
[21] Ministry of Culture
and Information, 1998.
-----
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