Circular No. 36/2018/TT-BLDTBXH dated December 26, 2018 of the Ministry of Labor, Invalids and Social Affairs on guiding the collection of children’s opinions during the formulation of programs, policies, legal documents, decisions and socio-economic development master plans and plans on or related to children

CIRCULAR

Guiding the collection of children’s opinions during the formulation of programs, policies, legal documents, decisions and socio-economic development master plans and plans on or related to children^[1]

Pursuant to the April 5, 2016 Law on Children;

Pursuant to the Government’s Decree No. 14/2017/ND-CP of February 17, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Labor, Invalids and Social Affairs;

Pursuant to the Government’s Decree No. 56/2017/ND-CP of May 9, 2017, detailing a number of articles of the Law on Children;

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

The Minister of Labor, Invalids and Social Affairs promulgates the Circular guiding the collection of children’s opinions during the formulation of programs, policies, legal documents, decisions and socio-economic development master plans and plans on or related to children.

Article 1.Scope of regulation and subjects of application

1. This Circular guides the collection of children’s opinions during the formulation of programs, policies, legal documents, decisions and socio-economic development master plans and plans on or related to children (below referred to as documents on or related to children).

2. This Circular applies to ministries, ministerial-level agencies, government-attached agencies and People’s Committees at all levels (below referred to as drafting agencies) during the formulation of documents on or related to children; organizations representing children’s voices and aspirations, the Vietnam Association for Protection of Children’s Rights, and children whose opinions are collected.

Article 2.Principles of collection of children’s opinions

1. Drafting agencies, organizations representing children’s voices and aspirations and the Vietnam Association for Protection of Children’s Rights (below referred to as agencies and organizations collecting children’s opinions) shall proactively organize the collection of children’s opinions based on their willing participation; provide sufficient information to children; and ensure the contents and forms of the collection of opinions are suitable to children’s age, gender, ethnicity, circumstances, maturity and development.

2. To create a safe, friendly, equal and non-discriminatory environment for, and not to maltreat or discriminate, children when they express or do not express their opinions; to keep secret the privacy and personal secrets of children whose opinions are collected.

3. Opinions and aspirations of children and opinions of organizations representing children’s voices and aspirations and the Vietnam Association for Protection of Children’s Rights shall be respected, listened to, assimilated and responded to in an adequate, timely, objective and honest manner and used for proper purposes.

4. Persons collecting children’s opinions must have knowledge, friendly attitude and appropriate skills to work with children.

5. The collection of children’s opinions during the formulation of legal documents on or related to children must comply with the Law on Promulgation of Legal Documents, the Government’s Decree No. 34/2016/ND-CP of May 14, 2016, detailing a number of articles of, and providing measures for implementing, the Law on Promulgation of Legal Documents, and in this Circular.

Article 3.Process of collection of children’s opinions

The process of collection of children’s opinions consists of the following steps:

1. Step 1: preparing for the collection of children’s opinions.

2. Step 2: organizing the collection of children’s opinions.

3. Step 3: summarizing, explaining and assimilating children’s opinions.

4. Step 4: reporting on and responding to children’s opinions.

Article 4.Preparation for collection of children’s opinions

1. A plan on collection of children’s opinions shall be formulated, stating:

a/ Purposes and requirements;

b/ Time and location;

c/ Children whose opinions are to be collected;

d/ Contents on which opinions are needed;

dd/ Form of collection of opinions;

e/ Expenses;

g/ Task assignment.

2. To present contents of drafted documents; to build a toolkit for collecting children’s opinions in a scientific, brief and simple manner suitable to the form of collection of children’s opinions.

3. To select children whose opinions are to be collected, ensuring they represent different regions and areas, ethnic groups, ages and religions, and disadvantaged children; to collect opinions of children or representatives of groups of children directly affected by drafted documents, which must be suitable to their maturity and development.

4. To train, or provide information to, persons collecting children’s opinions about purposes, requirements, contents and form of collection of opinions.

5. To issue guiding documents or request the coordination in the collection of children’s opinions.

6. To prepare conditions on physical facilities suitable to the form of collection of children’s opinions.

Article 5.Organization of collection of children’s opinions

1. Drafting agencies shall directly organize the collection of children’s opinions in one or more than one of the following forms:

a/ Polls for collection of children’s opinions;

b/ Forums, conferences, seminars and workshops;

c/ Via telephone;

d/ Via the Internet;

dd/ Other forms as prescribed by law.

2. Agencies, organizations and persons collecting children’s opinions shall provide children with the following fundamental information:

a/ Purposes and requirements of the collection;

b/ Contents on which children’s opinions are to be collected;

c/ Guidance and explanation for children about information related to contents on which their opinions are to be collected and other contents of their concern.

3. To ensure the prompt provision of and explanation about information and support for children during the collection of their opinions.

4. In case drafting agencies fail to directly organize the collection of children’s opinions, Clause 2, Article 49 of Decree No. 56/2017/ND-CP shall be complied with.

5. Organizations representing children’s voices and aspirations and the Vietnam Association for Protection of Children’s Rights shall collect children’s opinions in one or more than one of the forms prescribed in Clause 1, and Clauses 2 and 3, of this Article.

Article 6.Summarization, explanation and assimilation of children’s opinions

1. Drafting agencies shall fully summarize children’s opinions in the contents on explanation and assimilation of opinions of agencies, organizations and individuals in dossiers submitted for document appraisal and verification; accept appropriate opinions for making supplementations and amendments to draft documents before issuing them or submitting them to competent agencies for issuance; and present unaccepted opinions.

2. In case an organization representing children’s voices and aspirations or the Vietnam Association for Protection of Children’s Rights collects children’s opinions at the request of a drafting agency, a document summarizing results of the collection of children’s opinions shall be sent to such agency. The drafting agency shall receive such document and comply with Clause 1 of this Article.

Article 7.Reporting on and responding to children’s opinions

1. Drafting agencies shall report on the assimilation of children’s opinions in one or more than one of the following forms:

a/ Forums, conferences, seminars, workshops and press conferences;

b/ Via telephone;

c/ Via the Internet;

d/ In the mass media;

dd/ To send documents to schools, residential communities or localities where children’s opinions area collected for public notification;

e/ Other forms prescribed by law.

2. In case a drafting agency collects children’s opinions via an organization representing children’s voices and aspirations or the Vietnam Association for Protection of Children’s Rights, to send a document reporting on the assimilation of children’s opinions to such organization or Association for notifying and responding to children in one or more than one of the forms prescribed in Clause 1 of this Article.

Article 8.Organization of implementation

1. Drafting agencies shall organize the collection of children’s opinions during the formulation of documents under Clauses 1, 2 and 3, Article 49; and Clause 1, Article 50, of Decree No. 56/2017/ND-CP, and collect children’s opinions under the guidance in this Circular.

2. Organizations representing children’s voices and aspirations and the Vietnam Association for Protection of Children’s Rights shall collect children’s opinions under the guidance in this Circular; and participate in supervising the collection and assimilation of, reporting on, and responding to, children’s opinions.

3. Agencies, organizations, educational institutions, families and individuals shall create conditions for and encourage children to contribute their opinions during the formulation of documents on or related to children.

Article 9.Effect

1. This Circular takes effect on February 15, 2019.

2. Any problems arising in the course of implementation of this Circular should be promptly reported to the Ministry of Labor, Invalids and Social Affairs for consideration and settlement.-

For the Minister of Labor, Invalids and Social Affairs
Deputy Minister
NGUYEN THI HA