Circular 27/2022/TT-BLDTBXH children's participation in activities outside of their families

CIRCULAR

Guiding children’s participation in outside-of-family-and-school activities^[1]

Pursuant to the April 5, 2016 Law on Children;

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;

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

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

The Minister of Labor, Invalids and Social Affairs promulgates the Circular guiding children’s participation in outside-of-family-and-school activities.

Article 1. Scope of regulation and subjects of application

1. This Circular guides children’s participation in outside-of-family-and-school activities.

2. Subjects of application:

a/ Children who participate in outside-of-family-and-school activities.

b/ Agencies, organizations and enterprises that organize outside-of-family-and-school activities with the participation of children;

c/ Other agencies, organizations, units and individuals that are directly involved in organizing outside-of-family-and-school activities with the participation of children.

3. This Circular does not apply to children who participate in the outside-of-family-and-school activities of organizing children’s forums and collecting opinions of children in the process of formulating programs, policies, legal documents, and socio-economic development decisions, master plans and plans on or related to children.

Article 2. Interpretation of terms

In this Circular, the term below is construed as follows:

Outside-of-family-and-school activities with the participation of children means activities organized by agencies, organizations or enterprises for children with  a view to supplementing knowledge and training in moral quality, personality, health, life skills and practical experiences without direct care and management of parents, family members, or children’s caregivers and school administrators, teachers or staff.

Article 3. Rights of children, parents and children’s caregivers when children participate in outside-of-family-and-school activities

1. Children have the right to express their own opinions and aspirations when participating in outside-of-family-and-school activities. The collection of children’s opinions must be suitable to their age, health, maturity and development.

For children who are aged full 7 years or older, agencies, organizations or enterprises that organize outside-of-family-and-school activities shall collect opinions of children and their parents and caregivers under Point e, Clause 2, Article 4 of this Circular.

For children who are aged under 7, their parents and caregivers may, on their behalf, agree to participate in outside-of-family-and-school activities. The collection of opinions of parents and children’s caregivers must comply with Point e, Clause 2, Article 4 of this Circular.

2. Children have the right to participate in outside-of-family-and-school activities if the facilities or locations where these activities take place are safe, friendly and suitable to children’s age and gender; have bedrooms and restrooms which are suitable and convenient for children, including children with disabilities; and are capable of ensuring nutrition, and food safety and hygiene for children.

3. Children have the right to discontinue participating in outside-of-family-and-school activities if finding that these activities do not meet or are not suitable to their needs and aspirations. Parents and children’s caregivers shall respect children’s opinions and aspirations.

Article 4. Rights and responsibilities of agencies, organizations and enterprises organizing outside-of-family-and-school activities with the participation of children

1. Agencies, organizations and enterprises that organize outside-of-family-and-school activities with the participation of children have the following rights:

a/ To reject the participation of children in the activities they organize before these activities take place in case  these children are detected through health checkups to be physically unfit to participate in these activities;

b/ To request parents or children’s caregivers to discontinue children’ participation in the activities they organize if the children are physically unfit.

2. Agencies, organizations and enterprise that organize outside-of-family-and-school activities with the participation of children have the following responsibilities:

a/ To regularly pay attention to and monitor children’s health while they are participating in outside-of-family-and-school activities they organize;

b/ To notify children, parents and children’s caregivers of adequate information on programs, schedules, duration, location, groups of children, number of participating children, forms of organization, and human resources (including instructors, coordinators, volunteers, people in charge of children, and lecturers) before children participate in activities;

c/ To make public and transparent funds contributed to organize outside-of-family-and-school activities with the participation of children to children, parents and children’s caregivers before children participate in activities.

d/ To satisfy conditions on healthcare and human resources to ensure timely provision of first aid or emergency care for children participating in the activities they organize;

dd/ To ensure prevention and control of child abuse, children’s accidents and injuries, fire and explosion prevention and fighting and epidemic prevention and control under regulations.

To timely notify cases of violence against children, child abuse or children’s accidents and injuries to the commune-level People’s Committees of the localities where they organize outside-of-family-and-school activities with the participation of children;

e/ To collect opinions of parents and children’s caregivers before children participate in outside-of-family-and-school activities according to the form provided in Appendix I to this Circular and opinions of children aged 7 years or older  according to the form provided in Appendix II to this Circular;

g/ To manage and store files, including the list of persons involved in organizing outside-of-family-and-school activities with the participation of children; opinions of parents and children’s caregivers; and children’s opinions.

3. To notify their immediate superior agencies or managing agencies before organizing outside-of-family-and-school activities with the participation of children, for agencies, organizations and enterprises of socio-political organizations or the armed forces.

For organizations and enterprises that are functioned and tasked to organize outside-of-family-and-school activities with the participation of children, before organizing these activities, they shall notify thereof to the commune-level People’s Committees of the localities where they are going to organize these activities.

Religious establishments that organize courses on religion with the participation of children or organize outside-of-family-and-school activities with the participation of children shall comply with the law on belief and religion.

Article 5. Responsibilities of instructors, coordinators, volunteers, persons in charge of children and lecturers who participate in outside-of-family-and-school activities with the participation of children

1. To make a commitment to protect children according to the form provided in Appendix III to this Circular.

2. To ensure children’s privacy and personal secrets.

3. To have good command of children’s rights and possess good moral quality.

4. Not to be handled for administrative violations of acts of child abuse; not to be examined for penal liability or to have executed a judgment but have not had their criminal records expunged.

5. To comply with Clauses 1, 2, 3 and 4 of this Article and have knowledge, skills, and methods of communication suitable for children, for persons who directly provide guidance on knowledge, skills, contents and programs of outside-of-family-and-school activities.

Article 6. Programs and contents of outside-of-family-and-school activities with the participation of children

1. Programs and contents of outside-of-family-and-school activities with the participation of children must comply with the law on children; be suitable to children’s capacity and age; be safe, healthy and friendly and must not affect comprehensive development of children.

2. Programs and contents of outside-of-family-and-school activities with the participation of children must consist of the following components: learning knowledge; learning skills; and complementary and entertainment activities.

3. The program and contents of each component specified in Clause 2 of this Article cover the following principle contents:

a/ Purposes, requirements;

b/ Time, duration, location;

c/ Groups of children and number of participating children;

d/ Form of organization;

dd/ Funds;

e/ Assignment of tasks.

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

1. To disseminate, guide, examine and inspect the implementation of policies and laws on child protection and children’s participation in matters on children; and children’s participation in outside-of-family-and-school activities in accordance with law.

2. To synthesize information on the operation of agencies, organizations and enterprises that organize outside-of-family-and-school activities with the participation of children.

Article 8. Responsibilities of immediate superior agencies or managing agencies

To examine and inspect according to their competence outside-of-family-and-school activities with the participation of children organized by their subordinate or attached agencies, organizations and enterprises.

Article 9. Responsibilities of all-level People’s Committees

1. To disseminate, guide, examine and inspect according to their competence the implementation of the law on children when children participate in outside-of-family-and-school activities in their localities.

2. To synthesize and include information on outside-of-family-and-school activities with the participation of children in reports on children’s affairs.

Article 10. Effect

1. This Circular takes effect on March 1, 2023.

2. Any problems arising in the course of implementation of this Circular should be 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

* The Appendices to this Circular are not translated.