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Recently, at the 11th session of the XIII National Assembly, the Children's Law of 2016 was passed to concretize the 2013 Constitution, the Convention on the Rights of the Child, and align with the current economic and social development situation of children. Join Mytour in learning about the current Children's Law.
The Children's Law 2016, Legislation No. 102/2016/QH13: Regulated Subjects, Content, Effective Date
1. Overview of the Children's Law
2. Basic Content of the Children's Law.
* Download the latest Children's Law HERE
1. Overview of the Children's Law
The latest Children's Law currently in effect is the Children's Law 2016. However, there are some amendments made by the Law amending and supplementing some articles of 11 laws related to planning in 2018.
- Regarding effectiveness: The Children's Law becomes effective from January 1st, 2017, replacing the 2004 Law on Protection, Care, and Education of Children.
- Regarding structure: It comprises 7 chapters with 106 articles (increasing by 2 chapters and 46 articles compared to the 2004 Law on Protection, Care, and Education of Children).
+ Chapter I: General provisions (from Article 1 to Article 11)
+ Chapter II: Rights and Duties of Children (from Article 12 to Article 41). Accordingly, the rights and duties of children are stipulated based on the provisions of the Constitution and the Civil Code.
+ Chapter III: Care and education of children (from Article 42 to Article 46)
+ Chapter IV: Protection of children (from Article 47 to Article 73)
+ Chapter V: Children's participation in issues concerning children (from Article 74 to Article 78)
+ Chapter VI: Responsibilities of agencies, organizations, educational institutions, and individuals in implementing the rights and duties of children (from Article 79 to Article 102)
+ Chapter VII: Provisions on enforcement (from Article 103 to Article 106)
The content of the Children's Law 2016 consists of 7 chapters with 106 articles
2. Basic Content of the Children's Law
The Children's Law is enacted to protect the basic rights of children. Accordingly, the basic content of the Children's Law is as follows:
- First, define the concept of 'children': individuals under 16 years old.
- Second, outline prohibited behaviors during the life, education, and recreation of children, behaviors that infringe upon the rights, interests, and duties of children.
- Third, identify children in difficult circumstances (including 14 groups of children with special circumstances) => ensure that children in difficult circumstances still have access to education, recreation, education, ... create all conditions for comprehensive development.
- Fourth, specify all the fundamental rights of children (consisting of 25 groups of rights), while also outlining the 05 groups of duties of children.
- Fifth, stipulate on the care and education of children (care, nurturing of children; healthcare for children; education for children; conditions for recreation, entertainment, cultural, artistic, sports, tourism activities for children; ensuring information, communication for children).
- Sixth, outline the levels of child protection (03 levels: prevention, support, intervention) including specific provisions on each measure applied to each different level.
- Seventh, clarify the responsibilities of families, schools, society, and other individuals in protecting children.
The Children's Law of 2016 has undergone amendments, supplements aimed at enhancing legal education and dissemination in life. At the same time, there is a growing awareness of the responsibility of each agency, organization, and society in protecting children.
Next, readers can refer to other legal documents in the Vietnamese legal system such as the Commercial Arbitration Law, Immigration Law, Family and Marriage Law, ... to gain further understanding of legal knowledge.
