THE
GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No:
118-CP
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Hanoi, September 07, 1994
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DECREE
ON
THE FUNCTIONS, TASKS, POWERS AND ORGANIZATION OF THE APPARATUS OF THE VIETNAM COMMITTEE FOR CHILD PROTECTION AND CARE
THE GOVERNMENT
Pursuant to the Law on
Organization of the Government on the 30th of September, 1992;
Pursuant to the Law on the Protection, Care and Education of the Child on the
16th of August, 1991, and Decree No.374-HDBT on the 14th of November, 1991 of
the Council of the Ministers (now the Government) detailing the implementation
of the Law on the Protection, Care and Education of Children;
At the proposal of the Minister in charge of Child Protection and Care, and the
Minister-Chairman of the Government Commission on Organization and Personnel.
DECREES:
Article 1.- The Vietnam
Committee for Child Protection and Care is an agency attached to the
Government, having the function of assisting the Government in the exercise of
State management over the protection, care and education of children, guiding,
controlling, supervising and organizing the cooperation of action among the
State agencies, the people's and social organizations and the concerned
economic organizations for the realization of the task of protecting, caring
and educating children.
Article 2.-
The Vietnam Committee for Child Protection and Care has the following tasks and
powers:
1. To take the initiative and collaborate
with the concerned agencies in elaborating the strategy, programs, projects and
plan for caring, protecting and educating children on the national scale; and
to organize and in collaboration with the State agencies, the people's and
social organizations to implement these programs, projects and plan.
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3. To coordinate with the State
Planning Committee and the Ministry of Finance in elaborating and submitting to
the Government the financial plan for the realization of the program of action
for the benefits of children; to guide and control the use of the funds devoted
to this program according to the approved targets and plans.
4. To report to the Government
its participation in the international organizations, the signing and
ratification of international treaties and conventions on children; to organize
the implementation of international cooperation program for children according
to Government regulations; to take part in international conferences and
seminars on children with the consent of the Prime Minister.
5. To manage a number of
internationally funded or aided programs and projects for the benefits of
children according to the regulations of the Prime Minister.
6. To provide training and
guidance in the management of the projects and programs of action for the
benefits of children for the officials and workers assigned with the protection
and care of children at all levels.
7. To manage and use the Child
Support Fund at the Center, to guide and control the management of the use of
the Child Support Fund at various levels and in various branches.
8. To carry out the function of
inspecting the implementation of the Law on the Protection, Care and Education
of Children; to coordinate with the concerned agencies in controlling the
implementation of the laws and policies of the State regarding children, and
propose measures of handling the violations of these laws and policies.
Article 3.-
The Vietnam Committee for Child Protection and Care is composed of:
- The Chairman (or Chairwoman)
- The full-time Deputy Chairman
(Chairwoman), the Deputy Chairmen or Chairwomen who are representatives of the
Ministry of Education and Training, the Ministry of Health, the Central
Committee of the Vietnam Women's Union, and the Central Committee of the Ho Chi
Minh Communist Youth Union.
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Article 4.-
Tasks and powers of the members of the Vietnam Committee for Child Protection
and Care:
- The Chairman (Chairwoman) and
the full-time Deputy Chairman (Chairwoman) are appointed and dismissed by the
Prime Minister. The half-time Deputy Chairmen (Chairwomen) and half-time
Members are appointed by the various agencies.
- The Chairman (Chairwoman) is
responsible before the Prime Minister for the whole work of the Committee. The
full-time Deputy Chairman (Chairwoman) assists the Chairman (Chairwoman).
He/she is assigned by the Chairman (Chairwoman) the direction of a number of
aspects of work and takes responsibility before the Chairman (Chairwoman) for
the task assigned to him/her.
- The half-time Deputy Chairmen
(Chairwomen) and Members of the Committee have the responsibility to take part
in all meetings of the Committee, take part in the discussion and decision of
the undertakings of the Committee, and take responsibility for the share of
work assigned to his/her ministries, branches or mass organizations in the
protection, care and education of children as assigned by the Committee.
Article 5.-
A. Organization of the
specialized apparatus of the Vietnam Committee for Child Protection and Care.
It comprises:
1. The Office.
2. The Inspectorate of the
Protection and Care of Children.
3. The Department for
Planning-Finance and Management of Programs.
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B. The units directly under the
Committee:
1. The Child Support Fund.
2. The magazine "Vi Tre
Tho" (For the Young Generation).
The tasks, powers and working
procedures of the above-named units shall be defined by the Chairman
(Chairwoman) of the Committee.
Article 6.-
Organization of the apparatus for the protection and care of children at
different levels:
a/ In the Ministries having many
activities related to the protection, care and education of children such as
the Ministry of Health, the Ministry of Education and Training, the Ministry of
Culture and Information, and the Ministry of Labor, War Invalids and Social
Affairs, there should be a full-time official to assist the Minister in
following up, supervising and inspecting the implementation of the Law on the Protection,
Care and Education of Children, and in the implementation of the Government
program of action on children.
b/ The provinces and cities
directly under the Central Government shall set up the Committee for Child
Protection and Care directly under the People's Committee. The President or
Vice President of the People's Committee shall assume the post of Chairman
(Chairwoman) of the Committee, or full-time Deputy Chairman (Chairwoman). The
Members of the Committee for Child Protection and Care shall be nominated by
the President of the People's Committee in consultation with the Central
Committee for Child Protection and Care. The Committee at the provincial level
shall have a full-time Deputy Chairman (Chairwoman) and a number of assistant
specialists to be nominated by the President of the People's Committee.
c/ The district or equivalent
administrative unit shall set up a Committee for Child Protection and Care,
directly under the People's Committee, and headed by the President or
Vice-President of the People's Committee. It shall have an assistant specialist
posted at the Office of the People's Committee.
d/ The commune, ward and
equivalent unit shall also set up its Committee for Child Protection and Care
directly under the People's Committee, and headed by the President or
Vice-President of the People's Committee, and with an assistant selected from
among the administrative staff of the commune or ward.
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Article 7.-
This Decree takes effect as from the date of its promulgation. Decree
No.362-HDBT on the 6th of November, 1991 of the Council of Ministers, and other
earlier regulations contrary to this Decree are now annulled.
Article 8.-
The Chairman of the Vietnam Committee for Child Protection and Care, the
ministers, the heads of ministerial-level agencies, the heads of the agencies
attached to the Government and the presidents of the People's Committees of the
provinces and cities directly under the Central Government shall have to
implement this Decree.
ON
BEHALF OF THE GOVERNMENT
PRIME MINISTER
Vo Van Kiet