CIRCULAR

PROVIDING INSTRUCTIONS ON CHILDREN’S PARTICIPATION IN ACTIVITIES OUTSIDE OF THEIR FAMILIES AND SCHOOLS

Pursuant to the Children Law dated April 05, 2016;

Pursuant to Decree No. 56/2017/ND-CP dated May 09, 2017 of the Government elaborating certain Articles of the Children Law;

Pursuant to Decree No. 62/2022/ND-CP dated September 12, 2022 of the Government on functions, tasks, powers and organizational structure of the Ministry of Labor, War Invalids and Social Affairs of Vietnam;

At the request of the Director of the Department of Child Affairs;

The Minister of the Ministry of Labor, War Invalids and Social Affairs hereby promulgates a Circular providing instructions on children’s participation in activities outside of their families and schools.

Article 1. Regulated scope and entities

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2. Regulated entities:

a) Children participating in activities outside of their families and schools;

b) Agencies, organizations and enterprises organizing activities with participation of children outside of their families and schools;

c) Agencies, organizations, units and individuals directly involved in organization of activities with participation of children outside of their families and schools.

3. This Circular shall not be applicable to children's participation in activities outside of their families and schools including: child forums; enquiries from children during the process of developing socio-economic development programs, policies, legislative documents, decisions, planning and plans concerning children.

Article 2. Definitions

For the purposes of this Circular, the terms below shall be construed as follows:

“Activities with participation of children outside of their families and schools” mean activities organized by agencies, organizations and enterprises for children in order to broaden knowledge and practice virtuous characters, personalities, health, living skills and physical experience that children participate without direct management of their parents, family members and caregivers as well as managers, teachers and staffs of schools.

Article 3. Rights of children, parents and caregivers of children participating in activities outside of their families and schools

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For children aged at least from 07, agencies, organizations and enterprises organizing activities with participation of children outside of their families and schools must be responsible for conducting enquiries from children and their parents and caregivers as prescribed in Point e Clause 2 Article 4 hereof.

For children aged under 07, their parents and caregivers have the right to make decision on participation in activities outside of their families and schools on behalf of their children. The enquiry from children’s parents and caregivers shall comply with regulations in Point e Clause 3 Article 4 hereof.

2. Children have the right to participate in activities outside of their families and schools in case schools or places where such activities are organized must be safe, friendly and suitable for their ages and genders; rest rooms and personal hygiene areas must be suitable and enable children including disabled children; and nutrition as well as food safety and hygiene for children must be ensured.

3. Children have the right to cancel activities outside of their families and schools if they feel such activities do not satisfy their demands and expectations. Children’s parents and caregivers are responsible for respecting opinions and expectations of their children.

Article 4. Rights and responsibilities of agencies, organizations and enterprises organizing activities with participation of children outside of their families and schools

1. Agencies, organizations and enterprises organizing activities with participation of children outside of their families and schools have the right to:

a) Refuse participation of children before they participate in activities organized by agencies, organizations and enterprises if they do not meet health requirement for participation in such activities through medical examinations for children.

b) Require children’s parents and caregivers to cancel activities of their children organized by agencies, organizations and enterprises if they do not meet health requirement for participation in such activities.

2. Agencies, organizations and enterprises organizing activities with participation of children outside of their families and schools are responsible for:

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b) Fully announce programs, time, duration, subjects, number of participating children, organization forms, human resources (including guides, coordinators, volunteers, person in charge of children and lecturers) to children, their parents and caregivers before children participate in such activities;

c) Transparently disclosing contributions to activities with participation of children outside of their families and schools to children and their parents and caregivers before children participate in such activities;

d) Satisfying health and health workforce requirements for timely giving first/emergency aid to children participating children;

dd) Ensuring prevention and fight against child abuse, accidents and injuries, prevention and control of fires, explosions and epidemics according to regulations.

Promptly notifying the People’s Committees of communes where agencies, organizations and enterprises organize activities with participation of children outside of their families and schools of incidents including violence against children, child abuse, accidents and injuries of children.

e) Enquiring opinions from children's parents and caregivers before children participate in activities outside of their families and schools using the Form specified in Appendix I enclosed herewith and enquiring opinions from children aged from at least 07 using the Form specified in Appendix II enclosed herewith;

g) Managing and storing documents including lists of health workforce engaged in the organization of activities with participation of children outside of their families and schools; opinions of children's parents and caregivers; opinions of children.

3. They shall notify supervisory authorities or governing bodies before conducting activities if agencies, organizations and enterprises organizing activities with participation of children outside of their families and schools affiliate to socio-political organizations and armed forces.

If organizations and enterprises are tasked with organizing activities with participation of children outside of their families and schools, they must notify the People’s Committees of communes where such activities are conducted before organizing such activities.

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Article 5. Responsibilities of guides, coordinators, volunteers, person in charge of children and lecturers engaged in activities with participation of children outside of their families and schools

1. Have commitments to protect children using the Form in Appendix III enclosed herewith.

2. Keep personal lives and personal secrets of children private.

3. Have knowledge of children's rights and good virtuous characters.

5. Health workforce who directly provides knowledge, skills, contents and programs of activities outside of families and schools to children must meet with regulations in Clauses 1, 2, 3 and 4 of this Article and have knowledge, skills and communication methods suitable for children.

Article 6. Programs and contents of activities with participation of children outside of their families and schools

1. Programs and contents of activities with participation of children outside of their families and schools must comply with regulations of law on children; be suitable for children’s capacity and age; make sure these activities are safe, healthy, friendly and do not affect full development of children.

2. Constituent parts of programs and contents of activities with participation of children outside of families and schools include knowledge learning; skill learning; side activities and entertainment.

3. Each constituent part prescribed in Clause 2 of this Article includes the following main contents:

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b) Time, duration and place;

c) Subjects, number of participating children;

d) Organization forms;

dd) Funds;

e) Assignment.

Article 7. Responsibilities of the Ministry of Labor, War Invalids and Social Affairs

1. Disseminate, instruct and inspect the compliance with policies and laws on protection of children and participation of children in issues concerning children as prescribed by law; and children participating in activities outside of families and schools.

2. Consolidate the operation of agencies, organizations and enterprises organizing activities with participation of children outside of their families and schools.

Article 8. Responsibilities of the higher supervisory authorities or competent governing bodies

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Article 9. Responsibilities of the People’s Committees at all levels

1. Disseminate, instruct and inspect the compliance with regulations of law on children when they participate in activities outside of families and schools in their areas under their competence.

2. Consolidate and record activities with participation of children outside of their families and schools in reports on child affairs.

Article 10. Effect

1. This Circular comes into force from March 01, 2023.

2. Agencies, organizations and individuals should report difficulties that arise during the period of implementation of this Circular to the Ministry of the Ministry of Labor, War Invalids and Social Affairs for consideration and settlement./.

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