Zero Draft of April 3, 2007

The socialist republic of vietnam

The 3rd and 4th national report

on the implementation of

the convention on the rights of

the child

2002 -2007

Hanoi, 2007

CONTENTS

Paragraphs Page

List of abbreviations ......

Part One: Introduction ......

1. Introduction

2. General situation of child rights implementation in Vietnam

3. Summary of reports on implementation of the Convention on the Rights of the Child, 1993 - 1998, 1999 -2002 and reports on implementation of optional protocols and preparation for the current report

Part Two: Vietnam implementation of CRC and two optional protocols

I.GENERAL MEASURES OF IMPLEMENTATION .

1.Harmonization between the Convention and national

legislation ......

  1. Strengthening the mechanism of Commission for Population,

Family and Children and enhancement the inter-sectoral co-odination

Strengthening the dissemination of the Convention on the

Rights of the Child ......

3. Budgeting

4. Monitoring and evaluating

5. Enhancement of partnerships

6. International cooperation ......

7. Strengthening the dissemination of the Convention on the Rights of the Child, its optional protocols and capacity building

8. Building of environments fit for children

9. Implementation of Concluding Observations of the CRC Committee in 2003 and 2006

II.DEFINITION OF THE CHILD ......

III.GENERAL PRINCIPLES ......

1.Non-discrimination (art. 2) ......

2.The best interests of the child (art. 3) ......

3.The right to life, survival and development (art. 6)

4.Respect for the views of the child (art. 12) .....

IV.CIVIL RIGHTS AND FREEDOMS ......

1.Name (art. 7) ......

2.Preservation of personal identity (art. 8) ......

3.Freedom of expression (art. 13) ......

4.Freedom of thought, conscience and religion (art. 14)

5.Freedom of association and peaceful assembly (art. 15)

6.Protection of privacy (art. 16)

7.Access to appropriate information (art. 17) .....

8.The right not to be subjected to torture or other cruel,

inhuman or degrading treatment (art. 37 (a)) ....

V.FAMILY ENVIRONMENT AND ALTERNATIVE CARE

1.Parental guidance (art. 5) ......

2.Parental responsibilities (art. 18, paras. 1 and 2) ..

3.Separation from parents (art. 9) ......

4.Family reunification (art. 10) ......

5.Illicit transfer and non-return (art. 11) ......

6.Recovery of maintenance for the child (art. 27, para. 4)

7.Children deprived of a family environment (art. 20)

8.Adoption (art. 21) ......

9.Periodic review of placement (art. 25) ......

VI.BASIC HEALTH AND WELFARE ......

1.Disabled children (art. 23) ......

2.Health and health services (art. 24) ......

3.Social security and childcare services and facilities

(art. 26 and art. 18, para. 3) ......

4.Standard of living (art. 27, paras. 1-3) ......

VII.EDUCATION, LEISURE AND CULTURAL ACTIVITIES

1.Education (arts. 28-29) ......

2.Leisure, recreation and cultural activities (art. 31) .

VIII.SPECIAL PROTECTION MEASURES ......

A.Children in situations of emergency ......

1.Refugee children (art. 22) ......

2.Children in armed conflicts (art. 38) ......

B.Administration of juvenile justice (art. 37) .....

C.Children in situation of exploitation, including physical and

psychological recovery and social reintegration (art. 39)

1.Economic exploitation, including child labour

(art. 32) ......

2.Drug abuse (art. 33) ......

3.Sexual exploitation and sexual abuse (art. 34) .

4.Sale, trafficking and abduction (art. 35) .....

D.Children belonging to a minority or an indigenous group

(art. 30) ......

PART THREE:CONCLUSION ......

PART FOUR: ANNEXEX

List of abbreviations

AIDS / Acquired Immune Deficiency Syndrome
APEC / Asia Pacific Economic Cooperation
ARI / Acute Respiratory Infection
ASEAN / Association of South-East Asian Nations
CBR / Community Based Rehabilitation
CDD / Control of Diarrhoea Diseases
CPVN / Communist Party of Viet Nam
CPFC / Commission for Population, Family and Children
CRI / Child Rights Indicators
EPI / Expanded Programme on Immunization
GSO / General Statistics Office
HIV / Human Immunodeficiency Virus
IDA / Iron Deficiency Anaemia
IDD / Iodine Deficiency Disorder
IMR / Infant Mortality Rate
INTERPOL / International Criminal Police Organization
NCFAW / National Committee for the Advancement of Women
MMR / Maternal Mortality Rate
MOET / Ministry of Education and Training
MOH / Ministry of Health
MOJ / Ministry of Justice
MOLISA / Ministry of Labour, Invalids and Social Affairs
MPS
MPI / Ministry of Public Security
Ministry of Planning and Investment
NGO / Non-governmental organization
NPA / National Programme of Action
PEM / Protein Energy Malnutrition
SRVN / Socialist Republic of Viet Nam
UNAIDS / Joint United Nations AIDS Programme
UNICEF / United Nations Children’s Fund
VWU / Viet Nam Women’s Union
YPO / Young Pioneers Organization

Part One: Introduction

1. Introduction

Occupying 329,314 square kilometersof Southeast Asia, Vietnam has an estimated population of 84.11 million, 33 percent of whom are children.[1] Despite various difficulties and challenges, recent years have seen remarkable social and economic gains due in large part to sound social-economic development planning, continued political and security stability.

Over the past five years, the economy has grown rapidly and fairly sustainably. Annual GDP increases have ranged from 7.08 percent in 2002 to 8.17 percent in 2006.[2] (The average annual GDP increase over the period was 7.7 percent, and 2006 per-capita income was US $700.[3]). Vietnam is now seen as one of the most attractive investment environments in Asia and the world with increasing in-flows of ODA and FDI.

Along with economic development, Vietnam has paid close attention and prioritized the allocation of resources to social development. This twin-focus has resulted in many noteworthy improvements to the population’s quality of life: the rate of poor households decreased from 28.4 percent in 2002 to 19 percent in 2006[4] – 1.5 million new jobs were created in each of those years – life expectancy rose from 71 years in 2002 to 71.3 years in 2005, and Vietnam’s ranking on the Human Development Index rose from 0.688 in 2002 to 0.704 in 2005. (Vietnam now ranks 108th out of 177 countries[5].)

These socio-economic development achievements, including improvements in living standards, job creation and poverty reduction, form the underlying conditions that will contribute to the realisation of human rights, including the rights of children.

Along with the strides in socio-economic development, the State of Vietnam has accelerated the efforts towards a rule-of-law state with the development of a legal system that respects and effectively guarantees human rights. To that end, many legal documents have been promulgated, amended and supplemented during the last three years, including the Civil Procedure Code, Land Law and Law on Publication, etc.

Despite such encouraging achievements, Vietnam is still faced with many challenges, namely the lower economic conditions and living standard than other regional countries, weak competitiveness, limited development quality and sustainability, modest socio-economic infrastructure, the slow development of social and cultural life with a number of pressing problems, and the immaturity of a law-governed state.

2. Overview of child rights implementation in Vietnam

In the last five years, the State of Vietnam has continued to deliver on its commitments to the Convention of the Rights of the Child and its two optional protocols. In that process, the harmony of international and domestic law has been ensured. Children’s rights are well incorporated in Vietnam’s law, especially newly-adopted and amended ones, namely Criminal Proceedings Code of 2003, Civil Proceedings Code of 2005, Law on the Protection, Care and Education of Children of 2004 (replaces the Law issued in 1991), Youth Law of 2005, Law on Education of 2005, Law on HIV/AIDS Prevention of 2006, Law on Gender Equality of 2006…

In particular, the Government has been paying attention to integrating child-related targets into local and national socio-economic development plans. In 2006, the targets “Increase the percentage of wards and communes fit for children” and “Increase the percentage of children in special circumstances receiving protection and care” were made national socio-economic development targets for until 2010.

Along with supplementing and amending laws, the Government of Vietnam has initiated many policies, decisions, programmes and projects to reduce gaps between regions and ethnic groups, while at the same time enhancing the enforcement of children’s rights in all areas, for example The Second National Action Plan for Vietnamese Children 2001-2010, the National Programme to Prevent and Address the Incidence of Street Children, Sexually Abused Children and Children Working in Hazardous Conditions 2004-2010, the National Action Plan on the Prevention of Trafficking in Women and Children 2004-2010, the National Project on Community-Based Care for Displaced Orphans, Abandoned Children, Severely Disabled Children, Child Victims of Toxic Contamination and Children Living with HIV/AIDS (2005-2010)… The Vietnamese Government will soon consider the proposal to accede to The Hague Convention No.33 on Protection of Child and Inter-Country Adoption Cooperation, the UN Convention against Trans-national Organized Crime (TOC) and the Optional protocol on preventing, tackling and punishing crimes of trafficking in humans, especially in women and children.

These efforts have yielded great results in the exercise and protection of the rights of the child.

Child care has been incessantly improved with the provision of free medical diagnosis and treatment for 96% of under-six children. The ratio of under-5 malnutrition was reduced from 29% in 2002 to less than 24% in 2006. Under-1 mortality rate dropped from 26%0 in 2002 to 17.8% in 2005. Maternal mortality rate was 80/100,000 in 2005, against 95/100,000 in 2000. Rural residents with access to clean water rose from 54% in 2003 to 62% in 2005.

Child education has seen encouraging development. Pre-school education sees the involvement of public, private sector and public-private partnership. At-age primary school enrollment reached 97.5%, at age lower secondary school enrollment reached 85% in 2005. By the end of 2006, 35/64 provinces and cities already completed secondary education universalization. At present, all communes in mountainous areas have boarding schools.

New approach in childcare and protection is demand-driven, focusing on the basic rights of the child, prevention of violence, abuse and exploitation against children, as well as the increase of children’s participation. The community and the Government have cared for about 55.3% of orphan children. Approximately 25% of disabled children and 75% of serve-disabled children have been cared for by various ways. 66.6% of street children have been managed and cared for. 100% of orphan and disabled children who are under difficulties are exemption from school fees and contributions. The number of street children has dropped. Children working in dangerous and harmful conditions, child victims of abuse and trafficking have been timely assisted by relevant bodies.

Vietnam has been working diligently to realise the Millennium Development Goals (MDGs), as well as to implement its own 12 development goals and 32 development targets based on the MDGs. These include special targets related to children, among them: reduce the rate of poor households; universalise lower secondary education and improve the quality of education; reduce child mortality, child malnutrition, and the national birth-rate; improve maternal health; reduce HIV/AIDS transmission; reduce inequality between ethnic groups; and ensure infrastructure development for poor provinces. Strong achievements were also made to improve gender equality (MDG 3), and Vietnam’s GDI rose from 0.668 in 1998 to 0.689 in 2004, achieving a ranking 87out of 144 countries. Vietnam has made a significant move towards the achievement of all MDGs by 2015.

Vietnam’s shift to a socialist-oriented market economy, and the trade liberalisation and international integration that has come with it, has brought about many favourable conditions for Vietnamese children. But it may have also contributed to the disparity between the rich and the poor as well as an increase in social evils, which gives negative impacts to the material and spiritual life of the children and child right implementation.

Vietnam is enacting several reforms in a number of areas, led by healthcare, education and public administration. These reforms have led to new momentum for additional gains. However, children and women’s basic needs should be more closely taken into account in policy-making, planning, and programme design, not only to address existing issues but also to prepare for emerging issues that are not yet fully known. Overall, the welfare system for children, especially needy children in poor areas, needs much more support.

3. Summary of reports on implementation of the Convention on the Rights of the Child, 1993 - 1998, 1999 -2002 and reports on implementation of optional protocols

3.1. Summary of previous reports on implementation of the Convention on the Rights of the Child

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 initial twoyear report (1990-1992) on the implementation of the Convention to the Committee on the Rights of the Child. In 1993, after the first dialogue with the Government of Vietnam, the Committee on the Rights of the Child (the Committee) expressed its appreciation 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, especially on the improvement of the juvenile justice system.

In 2000, the Government of Viet Nam submitted its first fiveyear report (1993-1999); and its supplementary report (1999 -2002) in 2002 on the implementation of the Convention to the Committee on the Rights of the Child. In 2003, after the second dialogue with the Government of Vietnam, the Committee on the Rights of the Child (the Committee) acknowledged the Government’s great efforts to harmonize national laws with the Convention. However, the Committee also encouraged Vietnam to continue further efforts to ensure the complete harmony between the national legal system and rules or regulations in the CRC, especially in juvenile justice . The Committee also brought out some concrete concern about legislation so as to implement basic rules of the CRC, ensure children the freedom and civil rights and carry out special protective measures for children and requested Vietnam to submit its combined 3rd and 4th report by 2007.

In 2001, Vietnam ratified two protocols to CRC (Optional protocol on child trafficking, child prostitution, and child pornography; and Optional protocol on children in armed conflicts). In 2003, the Government of Viet Nam submitted its initial report on implementation of two optional protocols (2001 -2003) and its supplementary report on implementation of two optional protocols (2003 -2006). After reviewing Vietnam’s report in 2006, the Committee provided some concluding observations on strengthening child protection, especially measures to prevention of child trafficking, child prostitution and children in armed conflict.

The Government of Vietnam is seriously realising principle embodied in the Convention on the Rights of the Child, including its obligations of reporting and having dialogues to the CRC Committee.

3.2. Preparation for the present 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, domestic and international organizations, individuals and children at various levels. Implementing the 2006 Prime Minister’s Directive No. 269/2006/QHQT-TTg, in March 2007, the Vietnamese Government organized a national mid term review of the UNGASS document entitled A World Fit for Children, with the participation of the Deputy Prime Minister, and representatives of relevant ministries, mass organizations, social bodies, provinces, some neighbouring countries, diplomatic missions, United Nations organizations and NGOs who are working in Viet Nam and children. 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 2nd NPA was also evaluated. Along with these activities, on the occasion of the visit of Chairman of CRC Committee to Vietnam in 2005, a workshop on Viet Nam’s implementation of the Committee’s concluding observations was held in Hanoi. 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.

This report is based on the outcome of regional, national review meetings as well as reports and contributions from various bodies, including the Culture, Education, Youth and Children’s Affairs Committee of the National Assembly, the Ministry of Investment and Planning, the Ministry of Health, the Ministry of Education and Training, the Ministry of Labour, War Invalids and Social Affairs, the Ministry of Public Security, the Ministry of Justice, the Ministry of Culture and Information, the General Statistics Office, the Youth Union, the Women’s Union, and the Farmers’ Association. In the preparation of this report, children are also involved.

Many other local and international organisations, particularly UNICEF, and NGOs, especially Save the Children Alliance, have contributed actively to the finalization of this report.

Part Two: Vietnam’s implementation of CRC and two optional protocols

I. GENERAL MEASURES OF IMPLEMENTATION

1. Harmonization between the Convention and national legislation

1.1. Implementation

Before 2002, Vietnam was gradually building a fairly comprehensive legal framework for child protection, care and education. Since 2002, Vietnam has continued to refine and improve the legal system and related policies to guarantee the implementation of children’s rights. In this period awareness and capacity among National Assembly deputies on the rights of children have markedly increased, and this has contributed significantly to the effectiveness of legislative work and parliamentary oversight of the implementation of child-related laws.

Along with supplementing and amending laws, the Government of Vietnam has initiated many policies, decisions, programmes and projects to reduce gaps between regions and ethnic groups, while at the same time enhancing the enforcement of children’s rights in all areas.

In particular, the Government has been paying attention to integrating child-related targets into local and national socio-economic development plans. In 2006, the targets “Increase the percentage of wards and communes fit for children” and “Increase the percentage of children in special circumstances receiving protection and care” were made national socio-economic development targets for until 2010. Agenda 21, the Comprehensive Strategy on Poverty Reduction and Growth…have shown that Vietnam’s sustainable development efforts clearly demonstrate a political will to achieve economic development along with social progress and equality, focusing on reducing poverty, narrowing economic development gaps between regions, protecting the environment, developing social security networks, ensuring gender equality, and protecting women’s and children’s rights.