Stemming from the nation's tradition and the actual social situation, the protection of children in Vietnam has been defined in law, instead of appearing only in moral rules. Currently, the constitution of Vietnam stipulates the principle of protection of children. Moreover, Vietnam has also enacted three acts on child protection. This article examines this constitutional principle and its application in child protection law from Vietnam's independence in 1945 to date. The article also seeks to clarify the definition of child and children's rights that has been in use during this period. The article consists of three main parts. Part 1 briefly explores the development of the concept of child and children's rights in Vietnamese law, while parts 2 and 3 analyse some issues related to child concepts and the concept of children's rights.
Loving and protecting children is a long-established tradition among the Vietnamese. Phan Manh Toan stated "In Vietnam, the love and kindness of the Vietnamese people are first and foremost an indispensable product of the social history of Vietnam, established from the practice of fighting to build and maintain the country."[1] Evidently, "the protection, care, and education of children in our country for a long time is not only a content of morality but also defined in the legal system."[2] In the first Vietnamese Constitution (1946)[3], children's protection was officially recognized in Article 14, "Children are cared for and educated."
Although child protection was recognized early in the legal system, cases of children's rights been violated persist in Vietnam. The forms of abusive behaviour are becoming increasingly diverse, complex, and sophisticated. Thus, there has been a need to research on child protection regulations in the Vietnamese legal system, especially research on child concepts and children's rights concepts. However, currently, very few studies have been carried out on child concepts and children's rights in Vietnam. Therefore, with the desire to clarify the legal issues surrounding the two concepts, this article analyses the current law on child protection in Vietnam. Therefore, with the desire to clarify the legal issues around the two above concepts, this article analyses current law on child protection in Vietnam with the research questions posed as follows: a, Since the independence to the present, which legal documents
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have regulated on the child protection in Vietnam? b, How was the explanation of the concept of children and children's rights in Vietnamese law and has they changed over time? c, What is the relationship between children's concept and some concepts such as juveniles and criminal capacity in Vietnamese law in force? d, When did children start having rights? Can children exercise their rights by themselves?
After gaining independence thanks to the August Revolution's success in 1945, Vietnam built laws to affirm political, economic, cultural, and social goals.
Child protection is a major issue recognized by the State of Vietnam not only in the first constitution of 1946 but also the current 2013 constitution. However, the detailed contents of children's rights, the implementation of children's rights, and the determination of stakeholders' obligations to protect children have been only recognized since 1991 following the passing of the Law on the Protection, Care and Education of Children. This document was issued after Vietnam signed the UN Convention on the Rights of the Child in 1989.
The child protection provisions in the Vietnamese constitution over time are detailed as follows. The 1946 Constitution, the highest legal document of Vietnam at independence, declares itself to be "the constitution with the closest approach to human rights".[4] It prescribed the principle of child protection in article 14: "Children are cared for and educated." "The excellent core values of the 1946 Constitution have been inherited and promoted in the four subsequent Constitutions, namely the 1959 Constitution, the 1980 Constitution, the 1992 Constitution, and the 2013 Constitution. These Constitutions are the steps of recognition and development of rights and the mechanism to protect human rights and civil rights in Vietnam."[5]
The 1959 Constitution affirmed in article 24: "The State protects mothers and children's interests and ensures the development of health care homes, daycare centres, and nursery schools." [6] The 1980 Constitution recognized the protection of children in article 65: "The State and society attach particular importance to protecting, caring for and educating adolescents and children, gradually expanding the responsibility of raising children, making children's living, learning, and maturity guaranteed ".[7] The 1992 Constitution in article 65 stipulated that "Children are protected, cared for and educated by the family, the State and society".[8] The 2013 Constitution notes in clause 1 article 37 that "Children are protected, cared for and educated by the State, their families and society; are allowed to participate in child issues. Abuse, neglect, labour exploitation and other acts that violate children's rights are strictly prohibited."[9]
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The Act on protection, care, and education of children (1991, hereinafter: 1991 Act) was passed by the State Council of Vietnam, term 8, on August 12, 1991. Whereby: Children, as defined in this Law, are Vietnamese citizens under 16 years of age (Article 1). The State affirmed in Article 3: "The protection, care, and education of children is the responsibility of families, schools, State agencies, social organizations, and citizens." "The rights of children must be respected and exercised. All conduct that violates the rights of children or harms the normal development of children are severely punished" (Article 4).
Although the 1991 Act states that children's rights must be respected and upheld descriptions of children's rights are not recorded in this document. This act only lists some children's rights that are protected by Vietnamese law. They include: Right to be cared for and raised for physical, intellectual, and moral development (Clause 1, Article 6). Children with particular conditions such as: disabled children, are supported by the State and society in treatment and functional rehabilitation to integrate into social life; Admission to special schools and classes. Children with no support are taken care of and raised by the State and society. (Clause 3, Clause 4, Article 6). Children have the right to live with their parents. No one has the right to force a child to leave their parents care, except for the child's benefit.
The handover and adoption of children for adoption must comply with the Law's provisions, ensuring that children are nurtured, cared for, and educated. (Article 7). Children are respected by the State and society, protected life, body, dignity, and reputation, and can express their opinions and aspirations on relevant issues. It is strictly forbidden to mistreat, humiliate, torture, or neglect a child; kidnapping, and swapping children; inciting, enticing, and forcing children to commit acts that violate the Law or do things harmful to children's healthy development. (Article 8). Children receive health care and protection (Article 9). Children have the right to education (Article 10). Children have a right to healthy play and entertainment (Article 11). Children have the right to property (Article 12).
The 11th National Assembly of Vietnam passed the Act of the protection, care and education of children 2004 Act (hereinafter: 2004 Act) on June 15, 2004. Whereby: Children defined in this Law are Vietnamese citizens under 16 years (Article 1). Similar to the 1991 Law, the 2004 Act retains the concept of children. However, this concept was still limited because it did not protect all children in general, but only children who are Vietnamese citizens. The definition of a child under the 2004 Law was still limited to being only Vietnamese citizens.
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This led to the question of whether foreign citizens living in Vietnam under the age of 16 are treated like Vietnamese children.
The Law has stipulated the concept of children in difficult circumstances, instead of listing some cases like the 1991 Act in clause 1 Article 3: Children with particular conditions such as a child with unusual physical or mental circumstances, ineligible to exercise fundamental rights and integrate with the family and community. In addition to some of the fundamental rights of children recognized in the 1991 Act, the 2004 Act further recognized children's rights: The right to birth and citizenship. (Article 11), the right to develop talents (Article 18), access information, express opinions, and participate in social activities (Article 20). However, the 2004 Act still has no definition of children's rights.
"After ten years of implementing the Law on the Protection, Care and Education of Children, child protection, care, and education has been reformed and have had many achievements. However, the country's socio-economic context has changed many times, leading to the emergence of new problems affecting children and the realisation of children's rights. The 2004 Act's implementation revealed the limitations, shortcomings, and failure to meet the requirements of newly emerging issues that need the law's adjustment. The 2004 Act stipulated that only 10 of the 28 children's rights are recognized in the Convention on the Rights of Children. The remaining rights have not been regulated or are regulated sporadically in other laws, not clearly expressing the law's spirit. Besides, Article 37 of the 2013 Constitution stipulates that children have the right to participate in children's issues. The provisions on this right in the 2004 Act do not clearly show the implementation of the child's right to participate in children's issues. The coordination mechanism among ministries, agencies, and organizations has not been specifkd,and there are no regulations on integrating child issues into national, local, and sectoral socio-economic development targets.. Measures to monitor and report on the implementation of children's rights have not been specified, several children's rights contents and targets have not been fully implemented. These are the reasons why it is necessary to enact a new Law to replace the 2004 Law on the Protection of the Mind and Protect Children to ensure more compatibility with the Convention on the Rights of the Child and implement the 2013 Constitution."[13]
The 13th National Assembly of Vietnam passed this Law on April 5, 2016. Whereby: Children are defined as people under 16 years of age. Although the children's ages have not changed from the previous two documents, the subjects considered children under the Child Act 2016 have been broadened. Specifically, in the past, only Vietnamese citizens - a person of Vietnamese nationality but under 16 years of age could be recognized as a child to enjoy children's fundamental rights under Vietnamese law. At present, the Child Act 2016 has been broadened, and an-yperson under 16 years is treated like a child in Vietnam.
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Besides, the rights of children recognized and protected by Vietnamese law in the Law on Children 2016 are also supplemented. Specifically: Right to life (Article 12), Right to preserve and promote identity (Article 18), Right to freedom of belief and religion (Article 19), Right to confidentiality of private life (Article 21), Right to reunite contact with parents (Article 23), Right to protection from drugs (Article 29), Right to protection in administrative proceedings and handling of administrative violations (Article 30), Right to be protected in case of natural disasters, environmental pollution, armed conflict (Article 31), Right to social security (Article 32), Rights of children with disabilities (Article 35), Rights of stateless children, refugees and refugee children (Article 36).
In summary, on the basis of the child protection's evolution from 1945 up to now, we can conclude as follows: First, the children's concept is specified in all legal documents on child protection in Vietnam, but these documents have not recognized the concept of children's rights. They just list children's rights. Second, the Children Act in Vietnam was changed from 1991, 2004 and 2016 due to political, economic, cultural, and social changes. In other words, history has shown that the attitude towards children in Vietnam has changed over time. When the social context changes, it has changed the family and society's attitudes towards children and emphasised their value in society. On the other hand, these factors also change the child's perception as an internal value, not just an external value.
From a social perspective, "a child is a human being between birth and puberty."[14] According to some medical information, puberty varies between girls and boys. For girls, puberty is 15 years of age and 16 years for boys. Thus, the concept of children socially has not shown consistency and clarity.
From a legal perspective, the United Nations Convention on the Rights of the Child[15] provided that "A child is a human under the age of 18".[16] Hence, age is considered a criterion to determine whether that person is a child or not. It means that anyone below that age limit is regarded as a child while anyone from that age limit upwards is no longer considered a child. The age limit noted in the Convention is 18 years of age.
The definition of children's concept in Vietnamese law is similar to that of the United Nations Convention, which uses age limits to determine children. However, the age limit for determining children in Vietnamese law is 16 years of age. Therefore, persons under the age of 16 will have the rights and obligations of children under the Children Act, while those aged 16 years and above do not have the rights and obligations of children but will enjoy citizens' rights and responsibilities. From the concept of children in Vietnamese
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law, several issues need to be discussed as follows.
This criterion is applied in both Vietnamese law and the United Nations Convention on the Rights of the Child. This analysis shows that if a person has exceeded the age limit of a child (18 years old under the Convention, 16 years old under Vietnamese law), even if there is no cognitive ability due to pathology is still not considered a child. For example, a 20-year-old person with a mental illness leading to loss of cognitive ability and behavioural control is deemed a person without civil act capacity rather than a child prescribed in the Civil Code and Child Law.
A birth certificate is the evidence used to determine a person's age. Birth certificates are only issued to each individual after they have been registered at birth. This provision begs the question whether the child is entitled to the child's rights if the birth had not been registered. Among the children's rights recognized in the 2016 Children Act, the right to health care (Article 14) and the right to education and learning (Article 16) are most closely related to the child's birth registration status.
The following analysis will clarify the children's ability to exercise these two rights without birth registration according to Vietnamese law. First, is the right to health care. Under the provisions of point d, Clause 1, Article 13 of the Law on Health Insurance 2008 (amended in 2014)[17], all children under six years are supported by the state budget to pay health insurance premiums. In other words, all children under the age of six are issued with health insurance cards that are used for medical examination and health care. However, according to the provisions of point a, Clause 2, Article 17 of the Law on Health Insurance also stipulates: "A dossier for a health insurance card for a child under six years old includes: a copy of the birth certificate or a paper copy birth certificate. If the child does not have a copy of the birth certificate or the birth certificate, a certification by the People's Committee of the commune, ward or town where the parent or guardian resides is required". Thus, to be granted a health insurance card, a child must have a birth certificate. If the birth certificate is not available, the child's care, health and medical examination, and treatment must be self-sufficient because they cannot have a health insurance card.
To overcome this challenge the Ministry of Health of Vietnam has just issued Circular 30/2020/TT-BYT.[18] Accordingly, clause 1, Article 10 stipulates that "Children after birth are entitled to health insurance even if they have not yet been issued with the health insurance card by the social insurance agency due to failure to meet the requirements for the issuance of a birth certificate, the medical examination and treatment establishment shall write the temporary health insurance card code. " "Thus, even new born children
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without birth certificates will be issued with a temporary health insurance card." This will help children access the benefits of health care, medical examination, and treatment even though their births have not been registered.
Besides, the realization of children's right to education. Article 13 of the Education Law 2019[19] states: "Learning is the right and obligation of citizens. All citizens, regardless of their ethnicity, religion, belief, sex, individual characteristics, family origin, social status, and economic circumstances, are equal in terms of learning opportunities". "Accordingly, studying is a natural right of a citizen, there is no reason for anyone not to attend school whether they have a birth certificate or not because having a birth certificate or not does affect a citizen's right to exercise the right to study".[20]
On the other hand, Clause 1 Article 19 of the Law on Citizen Identification[21] also stipulates: "Vietnamese citizens aged 14 years and over will be granted citizenship". Thus, when citizenship is granted, due to many reasons, the date of birth on the child's birth certificate may differ from the date of birth on the citizen's identity. For example, on the birth certificate, the person is still under 16 years old,but the person is over 16 years old based on citizenship identification. In this case, which age will be chosen ? A solution to this problem must be based on the legal validity of the two above papers. Documents that have legal value in determining an individual's date of birth will be selected as a basis for determining the child's age. Clause 1, Article 14 of the Law on Civil Status[22] and Article 6 of Decree 123/2015/ND-CP,[23] is the original civil status paper of an individual regarding the legal value of a birth certificate. Thus, each individual's age will be determined based on that person's birth certificate, not on citizenship identity in case there is a disparity between these two documents.
This question is not answered in the Child Law 2016. However, the analysis of some rights, such as the right to health care and the right to education above, shows that children must be born to enjoy children's rights. Children's right to respite care and adoption is no exception. In particular, the Law on Adoption in 2010[24]stipulates the adoptive child must have a birth certificate in the dossier to complete the adoption. Besides, Clause 4, Article 21 of the Law on Adoption, also stipulates that "natural parents can only offer their children for adoption only 15 days after birth". When providing for an individual's civil legal capacity, the Civil Code 2015[25] also records in Clause 3, Article 16: "The civil legal capacity of an individual has been since his/her birth and ends when the person dies." It can be concluded that the fetus is not considered a child under current Vietnamese law.
Minors are defined in Clause 1, Article 21 of the Civil Code 2015: "a minor is a person under 18 years old". The children's concept in the Children Act is similar to the juveniles' concept in the
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Civil Code in terms ofage limit. The next similarity of these two concepts is also shown in the age limit from which the child (Child Law) or juvenile (Civil Code) is the highest. However, these two concepts still differ while the Child Law's age limit is 16 years old, the age limit in Civil Code is 18 years old. This difference has led to the deduction that children are definitely minors, but juveniles are not children. For example, if a person is 17 years old, he is not a child but is still a minor.
As analysed above, the regulations on age to identify children in the Law on Children or Minors in the Civil Code have certain similarities. Still, these two ways of provisioning meaning are not the same as those in the Civil Code of age for criminal capacity in the Penal Code.[26] Specifically, according to the Child Law and the Civil Code, the age limit is given in the determination criteria to be the highest level. The age used in the Penal Code to determine criminal capacity is the lowest level.. The 2015 Penal Code stipulates the age for criminal's capacity in Clause 1, Article 12: "A person aged 16 years or older must bear criminal liability for all crimes, except for another law in this Code. " It shows that if an individual exceeds the age limit of 16, they must suffer some adverse financial consequences, and/ or their freedom because they have committed a crime. Besides, because of the Child Law's scope, the Civil Code and the Criminal Code are not the same. when the age requirement is met, to be considered a child or minor, they may recognized and protected by law. Meanwhile, when a person attains the age of criminal responsibility, they must be deprived of some of their interests as a deterrent of their adverse behaviour towards interests protected by the State.
Before clarifying the concept of children's rights, it is essential to understand the need for legal recognition of children's rights. The question of whether legally recognised rights should be afforded to children and what the nature and extent of such rights should be, has been the topic of vigorous debate in courts, legislations, and scholarly and popular journals since the 1960s.[27]
Lars-Goran Sund and Marie Vack-ermo have stated that "there are solid grounds to be seriously concerned about children's rights. More than one billion people are living in staggering poverty. The children affected face enduring malnutrition, poor housing, lack of sanitation, etc. They have none, or limited access to information, medical care, and education. These factors lead to disease, which increases the likelihood of a bleak future. Under
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such conditions, where is hope and other incentives to strive for a better life? Further, if such basic needs are not met, the problem will overshadow other more complex interests, such as a loving environment. Children who live in a more affluent environment face other types of hardship. Exploitation and abuse are not uncommon. Further, not all parents can give their children the support and encouragement they need. Illness, dependence on drugs, and other mind-narrowing interests (e.g., focusing on career, etc.) may lead to neglect and thus pose tragic barriers to the future of the child. Furthermore, it is not only parents who may have shortcomings. Schools can also provide discouraging experiences for children."[28]
According to the General Statistics Office, in Vietnam, in 2018, the rate of malnourished girls under five years old was 12.5%, the rate of malnourished boys under five years old was 14.5%. Besides, the cooperation project between the General Statistics Office and Unicef in 2020-2021 has carried out multi-dimensional children reporting activities in Vietnam. Accordingly, the analysis results from the Living Standards Survey 2014 - 2018 show that the rate of multidimensionally poor children has decreased rapidly over the years. The proportion of children in multi-dimensional poverty declined rapidly, from 21.2% in 2014 to 14.5% in 2018. Half of the children in multi-dimensional poverty are also children in poverty. 7.4% of children are multi-dimensionally poor but not in the poverty line according to national standards. This means that these children will not be able to access national poverty reduction programs. The proportion of children in multi-dimensional poverty clearly varies between ages: the 0-2 age group has the highest poverty rate (26.4% in 2018), while the 6-10-year-old group has the multi-dimensional poverty rate - the shortest.[29]
In Vietnam, the situation of poor children and malnutrition is still a worrying issue. "According to the Ministry of Labor, Invalids and Social Affairs, there are currently more than five million poor children in multi-dimensional poverty. Of which, the poverty rate is highest in entertainment, health, and water. Children's enrolment rate in preschool is low, especially children from poor households, children in extremely difficult communes in ethnic minority and mountainous areas. Children's knowledge in the extremely difficult communes of ethnic minorities and mountainous areas remains low. Most of the extremely difficult communes lack play spots for children."[30]
"Vietnam is still a developing country and has to deal with a relatively high rate of stunting children. According to the statistics of the National Institute of Nutrition of Vietnam, the rate of stunted children under five years old in 2018 was 23.2% on average, a quarter of children under five years old was malnourished, stunting."[31] Researcher Huynh Nam Phuong supposes that: "Stunting malnutrition, if only the physical manifestation of stature is said, is not enough, but more importantly, it is the child's intellect. If Stunting is not improved, the child's intelligence will later be affected, and there will be an effect on getting a higher income job."[32]
The situation of child violence in Vietnam is also alarming; Lesley Miller,
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the deputy chief representative of the United Nations Children's Fund in Vietnam, claims that: "every year, nearly 2,000 children are abused and violated. It is just the tip of the iceberg because Vietnam still has many unreported cases."[33]
"According to the Government's report, from January 1, 2015, to June 30, 2019, Vietnam discovered and dealt with criminal and administrative penalties: 8,442 cases of child abuse with 8,709 children invasive. In which: Sexual abuse: 6,432 children, accounting for 73.85% of the total number of abused children; Child violence: 857 children (killing children: 191 children, intentionally causing injury: 666 children), accounting for 9.84% of the total number of abused children; Trafficking, kidnapping, and appropriation of children: 106 children, accounting for 1.22% of the total number of abused children. In addition to the number of children abused by the above methods, there are also 790,518 children working in contravention of the law on labour; 156,932 abandoned and neglected children, and about 13,489 15-year-olds are in child marriage."[34]
In this regard, the protection of children is a critical and urgent issue. However, the protection of children and the legal regulation of children's rights are two independent or mutually related issues. This is because in history, in some countries, "since children are presumed by law to lack the capacity of adults, they are denied full participation in the political, legal and social processes. In lieu of most rights, children are afforded special protection by the state."[35]
The author firmly believes that these two contents have a close relationship with each other. In particular, children's protection will be the aim of countries, and children's legal recognition is a method. In particular, defining children's rights will help children be protected officially and obligated. Instead of depending on their parents' ethics, perception, and economic well-being. In other words, these provisions on children's rights provided a premise for children to exercise their rights and define precisely the obligations of relevant actors. For example, children have the right to be cared for and nurtured. Therefore, nurturing and caring for children will be an obligation for parents. If parents do not comply, they will be sanctioned according to the law.
Besides, the child rights regulation will create a set of standards for the protection of children. The first is to let stakeholders such as parents, schools, and social organizations know their responsibilities for each child's specific area to scoping performance. Then it is for the children themselves, when they have enough awareness, to determine what they are guaranteed by the law to do.
Since independence up to now, while there has been the law that officially recognized children's concept, the notion of children's rights is still an open issue in the Vietnamese legal system. From the human rights perspective, it can be understood that, in Vietnam, children's rights are human rights applied to children. From the contents of children's rights under the provisions of Vietnamese law mentioned above,
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two conclusions about children's rights can be drawn as follows:
Firstly, Vietnamese law has recognized the rights of children from the moment they are born regardless of children's cognitive ability. The recognition of children's rights when they have not the ability to perceive, it is still a controversial issue in the world of legal science. There are many different views on this issue, but in general, there are two schools of thought: (a) The views of 17th and 18th century philosophers such as Hobbes, Locke and Mill[36]. Accordingly, "because of their incapacity for reasoned decision making, children could not be the bearers of rights. This viewpoint is still found in modern children's rights theory. It forms the basis of the "will theory" of rights (also called the "power theory" of rights."[37] (b) Freeman's point of view[38] that has Kruger's support.[39] Specifically, "In order to enable children to develop into rational, autonomous adults who are capable of making their own decisions, children should initially be protected.
Secondly, children do not exercise all of their rights by themselves because their parents or their guardians support them in exercising some of their rights. For example, the right to registration, the right to care, and health. Entities exercising children's rights must ensure it is in the best interests of children. Some views also said that "this ought to be done in a way that encourages the child to develop the capacity step by step to assume responsibilities and exercise rights independently."[40]
In summary, in Vietnam, children's rights are deemed human rights prescribed by law for children from birth. Parents and relatives of children will help children exercise these rights of children. During implementation, these subjects must ensure the best interests and comprehensive development of children physically, intellectually, and emotionally.
The article has outlined child protection' evolution in the Vietnamese constitutions and child protection acts. The article has raised several issues related to it by analysing the children's concept, such as the age limit to identify children, adults in civil law and determine criminal's capacity in the Criminal Law. Besides, answering the question of whether the fetus is a child according to Vietnamese law or not.
Based on children's actual situation in Vietnam, the article has outlined the basis of recognizing children's rights in legal terms. That is a criterion for evaluating the exercise of children's rights and an official basis for asserting that children are independent subjects with human rights like adults. Therefore, respect for children's rights is a duty of parents, relatives, schools, or social organizations.
Finally, the article assumes that children's rights in Vietnam apply to children from birth. It means that children have a right to be independent of their cognitive abilities. Exercising children's rights can be assisted by a parent or guardian. In particular, when exercising children's rights, these actors
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must be governed by the principle of ensuring children's best interests. ■
JEGYZETEK
[1] Phan Manh: Tù pham trù "nhân" cüa Nho giáo den pham trù "nhân" trong tu tuàng dao dúc Hô Chí Minh (The category of "people" in Confucianism to the category of "people" in Ho Chi Minh's moral thought) 47.
[2] Nguyen Hftu, Dang Bích: Nghiên cúu viêc thuc hiên quyên trê em à Viêt Nam - mot sô vân dê ly luân và thuc tien (Research on the implementation of children's rights in Vietnam - some theoretical and practical issues). Social Journal. 2017. 16. [https://tailieumienphi.vn/doc/nghien-cuu-viec-thuc-hien-quyen-tre-em-o-viet-nam-mot-so-van-de-ly-luan-va-thuc--a4q9tq.html] (05/02/2021)
[3] The Constitution was issued by the Vietnamese National Asembly on 9 November 1946, [http://vietlaw.gov.vn/LAWNET/docView.do?docid=290&-type=html&searchType=fulltextsearch&searchText=] (05/02/2021).
[4] Nguyêt Hà: Nhin nhân thêm giá tri lich su cüa Hiên pháp näm 1946 (Recognizing more history value of the Constitution of 1946), [http://baochinhphu.vn/Phapluat/Nhin-nhan-them-gia-tri-lich-su-cua-Hien-phap-1946/290883.vgp], (17/02/2021).
[5] Yên Bái: Hiên pháp näm 1946: Bân Hiên pháp dân chü, tiên bo (Constitution of 1946: The Constitution of Democracy, Progress,), [http://www.baoyenbai.com.vn/11/202753/Hien_phap_nam_1946_Ban_Hien_phap_dan_chu_tien_bo.aspx] (17/02/2021).
[6] The Constitution was passed by the Vietnamese National Assembly on 31[st] December 1959, [https://thuvienphapluat.vn/van-ban/Bo-may-hanh-chinh/Hien-phap-1959-Viet-Nam-Dan-Chu-Cong-Hoa-36855.aspx], (05/02/2021).
[7] The Constitution was passed by the Vietnamese National Assembly on 18[th] December 1980, [https://thuvienphapluat.vn/van-ban/Bo-may-hanh-chinh/Hien-phap-1980-Cong-hoa-Xa-hoi-Chu-Nghia-Viet-Nam-36948.aspx], (05/02/2021).
[8] The Constitution was passed by the Vietnamese National Assembly on 15[th] April 1992, [https://thuvienphapluat.vn/van-an/Bo-may-hanh-chinh/Hien-phap-1992-cong-hoa-xa-hoi-chu-nghia-Vietnam-38238.aspx], (05/02/2021).
[9] The Constitution was passed by the Vietnamese National Assembly on 28[th] November 2013, [https://thuvienphapluat.vn/van-ban/Bo-may-hanh-chinh/Hien-phap-nam-2013-215627.aspx], (05/02/2021).
[10] The protection, care and education of children Act number 57/1991/HDNN8 was passed by the 8[th] Vietnamese National Assembly on 12[th] August 1991, [https://thuvienphapluat.vn/van-ban/Giao-duc/Luat-Bao-ve-cham-soc-va-giao-duc-tre-em-2004-25-2004-QH11-52188.aspx], (05/02/2021).
[11] The Protection, care and education of children Act number 25/2004/QH11 was passed by the 11[th] Vietnamese National Assembly on 15[th] June 2004, [https://thuvienphapluat.vn/van-ban/Giao-duc/Luat-Bao-ve-cham-soc-va-giao-duc-tre-em-1991-57-LCT-HDNN8-38064.aspx], (05/02/2021).
[12] The Children Law number 102/2016/QH13 was passed by the 13[th] Vietnamese National Assembly on 5[th] April 2016, [https://thuvienphapluat.vn/van-ban/Giao-duc/Luat-tre-em-2016-303313.aspx], (05/02/2021).
[13] Quynh Hoa: Thâo luân du án Luât Bâo vê, chäm sóc và giáo duc trê em, (QUYNH HOA: Discussing the draft Law on Child Protection, Care and Education ), [https://baotintuc.vn/chinh-tri/thao-luan-du-an-luat-bao-ve-cham-soc-va-giao-duc-tre-em-20150814175830206.htm], (13/02/2021).
[14] Nguyên Thanh: Phân tích chính sách hô tro trê em khuyêt tât tiêp cân an sinh xâ hoi (NGUYEN THANH: Analysis of policies to support children with disabilities to access social security), [http://stdjelm.scienceandtechnology.com.vn/index.php/stdjelm/article/view/697], (02/02/2021).
[15] The United Nations Convention on the Rights of the Child was adopted by the UN General Assembly and opened it for signature on 20 November 1989 [https://ihl-databases.icrc.org/applic/ihl/ihl.nsf/INTRO/540] (10/01/2021).
[16] Article 1 of UNCRC states that: "For the purposes of the present Convention, a child means every human being below the age of eighteen years unless, under the law applicable to the child, majority is attained earlier."
[17] The Law on Health Insurance number 25/2008/QH12 was passed by the 12[th] Vietnamese National Assembly on 14[th] November 2008, (Amended by the 13[th] Vietnamese National Assembly on 13[th] June 2013), [https://thuvienphapluat.vn/van-ban/Bao-hiem/Luat-bao-hiem-y-te-2008-25-2008-QH12-82196.aspx] (09/02/2021).
[18] The Circular 30/2020/TT-BYT was passed by the Ministry of Health on 31[st] December 2020, [https://thuvienphapluat.vn/van-ban/Bao-hiem/Luat-bao-hiem-y-te-2008-25-2008-QH12-82196.aspx] (09/02/2021).
[19] The Decrees on Guidelines for Law on Civil Status number 123/20115/ND-CP was issued by the Government on 15[th] November 2015, [https://thuvienphapluat.vn/van-ban/Giao-duc/Luat-gi-ao-duc-2019-367665.aspx], (22/02/2021).
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[20] Bô phân tu van pháp luât, Không có giây khai sinh thi có duac di hoc không? (Can I go to school without a birth certificate?), [https://wikiluat.com/2020/03/21/khong-co-giay-khai-sinh-thi-coduoc-di-hoc-khong/] (09/02/2021).
[21] The Law on Citizen Identification 59/2014/ QH13 was passed by the 13[th] Vietnamese National Assembly on 20[th]November 2008, (Amendended by the 13[th] Vietnamese National Assembly on 20[th] November 2014), [https://thuvienphapluat.vn/van-ban/Quyen-dan-su/Luat-Can-cuoc-congdan-2014-259782.aspx], (22/02/2021).
[22] The Civil Status Act number 60/2014/QH13 was passed by the 13[th] Vietnamese National Assembly on 20[th] November 2014, [https://m.thuvienphapluat.vn/van-ban/quyen-dan-su/luat-hotich-2014-259727.aspx], (24/02/2021).
[23] The Education Law number 43/2019/QH12 was passed by the 12[th] Vietnamese National Assembly on 17[th] June 2010, [https://thuvienphap-luat.vn/van-ban/Quyen-dan-su/Luat-nuoi-connuoi-2010-108082.aspx], (22/02/2021).
[24] The Law on Adoption number 52/2010/QH12 was v passed by the 14[th] Vietnamese National Assembly on 14[th] June 2019, [https://thuvienphapluat.vn/van-ban/Giao-duc/Luat-giao-duc-2019-367665.aspx], (22/02/2021).
[25] The Civil Code number 59/2014/QH13 was passed by the 14[th] Vietnamese National Assembly on 20[th] November 2014, [https://thuvienphapluat.vn/van-ban/Quyen-dan-su/Luat-Can-cuoc-congdan-2014-259782.aspx], (22/02/2021).
[26] The Criminal Code number 100/2015/QH13 was passed by the 13[th] Vietnamese National Assembly on 27[th] November 2014, [https://thuvienphapluat.vn/van-ban/Trach-nhiem-hinh-su/Bo-luat-hinh-su-2015-296661.aspx], (22/02/2021).
[27] Freeman: The limits of children's rights" in Freeman and Veerman (eds) The ideologies of children's rights 3; Wald "Children's rights: A framework for analysis" 1979 Univ California, Davis LR 255. Quoted from KRUGER, JM. "The Philosophical Underpinnings of Children's Rights Theory' (2006) 69(3) Tydskrif vir Hedendaagse Romeins-Hollandse Reg (Journal for Contemporary Roman-Dutch Law) 1992, pp.436.
[28] Lars-Gordan sund Vackermo: The Interest Theory, Children's Rights and Social Authorities' 23(4) International Journal of Children's Rights, 2015, pp.752.
[29] Hâi Ninh: Kêt quâ phân tích tù Khâo sát múc sông cho thây, ty lê trê em nghèo da chiêu giâm nhanh (Analysis results from the Living Standards Survey show that the rate of children in multidimensional poverty has decreased rapidly), [https://vietnam-net.vn/vn/goc-nhin/ket-qua-phan-tich-tu-khao-sat-muc-song-cho-thay-ty-le-tre-em-ngheo-da-chieu-giam-nhanh-698590.html], (25/02/2021).
[30] Lao dông trê: Tinh trang trê em bi bao luc, xâm hai tinh duc vân diên bien phúc tap (The situation of children experiencing violence and sexual abuse is still complicated), https://laodongtre.laodong.vn/xa-hoi/tinh-trang-tre-em-bi-bao-luc-xam-hai-tinh-duc-van-dien-bien-phuc-tap-763523.ldo, (21/02/2021).
[31] Vân San: Viêt Nam dang "näng gánh" suy dinh duang thâp côi à trê em (Vietnam is "burdened" with stunting malnutrition among children, https://dant-ri.com.vn/suc-khoe/viet-nam-dang-nang-ganh-suy-dinh-duong-thap-coi-o-tre-em-20210117123245092.htm, (21/02/2021).
[32] Thanh Phuang: Viêt Nam: suy dinh duang trê em là môt thách thúc lón (Vietnam: Child malnutrition is a big challenge), https://www.rfi.fr/vi/viet-nam/20191125-viet-nam-suy-dinh-duong-tre-em-van-la-mot-thach-thuc-lon, (21/02/2021).
[33] Dúc Binh: Gân 70% trê em Viêt Nam tùng bi bao hành, xâm hai (DUC BINH: Nearly 70% of Vietnamese children have ever experienced violence or abuse), https://tuoitre.vn/gan-70-tre-em-viet-nam-tung-bi-bao-hanh-xam-hai-20190418102323645.htm, (21/02/2021).
[34] Minh, Moi ngày trung binh có 7 trê em bi xâm hai tai Viêt Nam, [https://kiemsat.vn/moi-ngay-trung-binh-co-7-tre-em-bi-xam-hai-tai-vietnam-57379.html#:~:text=Trong%20%C4%91%C3%B3%3A%20X%C3%A2m%20h%E1%BA%A1i%20t%C3%AC-nh,em%20b%E1%BB%8B%20x%C3%A2m%20h%E1%BA%A1i...], (25/02/2021)
[35] JM Kruger: The Philosophical Underpinnings of Children's Rights Theory, 2006 69(3) Tydskrif vir Hedendaagse Romeins-Hollandse Reg (Journal for Contemporary Roman-Dutch Law) 2006, pp.436.
[36] See further JM Kruger, ,The Philosophical Underpinnings of Children's Rights Theory' (2006) 69(3) Tydskrif vir Hedendaagse Romeins-Hollandse Reg (Journal for Contemporary Roman-Dutch Law) pp.436.
[37] JM Kruger, ,The Philosophical Underpinnings of Children's Rights Theory' (2006) 69(3) Tydskrif vir Hedendaagse Romeins-Hollandse Reg (Journal for Contemporary Roman-Dutch Law) 1974. pp.436.
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[38] Freeman: Freedom and the welfare state: child-rearing, parental autonomy and state intervention. Journal of Social Welfare Law. 1983.71. Quoted from JM Kruger, ,The Philosophical Underpinnings of Children's Rights Theory' (2006) 69(3) Tydskrif vir Hedendaagse Romeins-Hollandse Reg (Journal for Contemporary Roman-Dutch Law) 436.
[39] See further: JM Kruger: The Philosophical Underpinnings of Children's Rights Theory. 2006. 69(3).
[40] Lars-Goran Sund and Marie Vackermo:'The Interest Theory, Children's Rights and Social Authorities. International Journal of Children's Rights. 2015. 23(4). 752.
Lábjegyzetek:
[1] The Author is Ph.D. Student, PTE ÁJK Lecturer, Can Tho University Vietnam.
Visszaugrás
