1. Education Rights
1.1. Legal Framework:
The provisions of the law on the right to education for children include:
- Article 59 of the 1992 Constitution stipulates: "Education is both a right and an obligation of citizens. Primary education is compulsory and free of charge. Citizens have the right to study culture and professions in many forms. Talented students are provided with conditions by the state and society to study and develop their talents. The state has a policy of tuition fees and scholarships, and the state and society create conditions for children in difficult circumstances to study culture and professions accordingly."
- The Law on Universal Primary Education of 1991 defines primary education in Vietnam as compulsory and free. Primary education is both the right and the obligation of children. Article 1 of the Law on Universal Primary Education also clearly states: "The state implements a policy of compulsory primary education from grade 1 to grade 5 for all Vietnamese children aged from 6 to 14." Thus, all children in the prescribed age range have the right and obligation to study to achieve the level of universal education. In addition, Clause 3, Article 6 of this law also stipulates "Children with the ability to develop exceptionally are allowed to study grade 1 before the age of 6 or skip grades to create conditions for nurturing talented students to develop their talents."
- Currently, due to changes in the socio-economic situation, many elements in the above regulations are no longer accurate, but the spirit of these legal provisions is still maintained in subsequent legal documents.
- Clause 2, Article 61 of the 2013 Constitution stipulates: The State prioritizes investment and attracts other investment sources for education; takes care of preschool education; ensures that primary education is compulsory, the State does not collect tuition fees; gradually universalizes secondary education; develops higher education, vocational education; implements a reasonable scholarship and tuition fee policy.
- In addition, Article 16 of the Law on Protection, Care and Education of Children stipulates: "1- Children have the right to education; 2- Children attending primary school in public educational institutions do not have to pay tuition fees." These regulations are established because, "The goal of education is to train Vietnamese people to develop comprehensively; have morality, knowledge, health, aesthetics, and profession, loyal to the ideal of national independence and socialism; form and nurture the personality, qualities, and abilities of citizens, meet the requirements of the cause of building and defending the Fatherland" (Article 2 of the Law on Education 2005). With that meaning, children have the right to access a basic, quality education to become citizens with virtue and talent, mastering science, technology, and new technology to serve the cause of building and defending the Fatherland.
1.2. Educational Standards and Quality:
According to current legislation, the content of educational quality assessment is stipulated by the Ministry of Education and Training in regulations attached to various circulars. For each educational level, there are different specific regulations and standards.
Therefore, the latest educational quality assessment circulars include:
- Circular 12/2017/TT-BGDĐT: Enacting regulations on quality assessment of higher education institutions.
- Circular 18/2018/TT-BGDĐT: Enacting regulations on educational quality assessment and national standard recognition for lower secondary schools, upper secondary schools, and general schools with multiple levels.
- Circular 17/2018/TT-BGDĐT: Enacting regulations on educational quality assessment and national standard recognition for primary schools.
Summary:
This Vietnamese legal article outlines the specific regulations governing the quality assessment of educational institutions in Vietnam. The Ministry of Education and Training has issued separate circulars for different levels of education, detailing the standards and criteria that institutions must meet. These circulars ensure that educational institutions maintain a certain level of quality and comply with national education standards.
1.3. Cultural Considerations:
Integration and Inclusion:
- Cultural Sensitivity: Schools should be aware of and sensitive to the cultural needs of mixed-race children.
- Inclusive Programs: Implementing programs and initiatives that promote diversity and inclusion can help mixed-race children feel welcome and accepted.
Cultural Identity:
- Exploring Heritage: Encourage children to explore and appreciate both their Vietnamese and foreign cultural heritage.
- Identity Formation: Support children in developing a positive sense of cultural identity and belonging.
Cross-Cultural Experiences:
- Exposure to Different Cultures: Provide opportunities for mixed-race children to interact with people from different cultural backgrounds.
- Cultural Exchange Programs: Encourage participation in cultural exchange programs or activities.
It's important to create a supportive and inclusive environment for mixed-race children to thrive and develop a strong sense of identity.
2. Healthcare Rights
2.1. Access to Healthcare Services:
Currently, in Vietnam, there are many comprehensive child development services. From the time a woman becomes pregnant, there are medical services to promptly handle complications during pregnancy, and early detection of genetic diseases, and birth defects. Postnatal care services within 7 days have reached over 81%, creating a foundation for children to be born safely and healthily. Children under 6 years old are provided with health insurance cards. 99.7% of children over 6 years old participate in school health insurance. Currently, the primary healthcare level has been able to provide about 50-60% of childcare services. Most children from 0-8 years old access healthcare services at the primary healthcare level.
Efforts to improve the nutritional status of children from 0-8 years old have been given comprehensive attention, forming a specialized nutrition network. Activities to prevent malnutrition in children are organized such as launching Micronutrient Day (1-2/6); Breastfeeding Week, Nutrition and Development Week (16-23/10), Iodine Deficiency Disorder Prevention Day (2/11)... Communication about feeding times and complementary foods for children is carried out at the commune/ward level. The rate of exclusive breastfeeding for 6 months after birth reached 70.1%. Children who are supplemented with food appropriately account for over 90.5%. Children whose weight and height are monitored according to age reach over 95%.
Vietnam completed universal preschool education for 5-year-olds in 2020; currently, it continues to maintain and gradually universalize preschool education for children under 5 years old. Kindergartens in industrial zones and rural areas are being built and consolidated. The whole country currently has over 6,000 preschool education facilities in areas with industrial zones; contributing to nurturing, caring, and educating 296,289 children whose parents are workers in industrial zones, accounting for 6% of the total number of children nationwide. The enrollment rate of 5-year-old kindergarten children reached 99.78%; the rate of 5-year-old kindergarten children completing the preschool education program reached 99.7%; the rate of 5-year-old kindergarten children attending 2 sessions/day reached 99.9%. The enrollment rate of children in preschool education has increased annually. The rate of children aged 3-36 months attending nursery schools reached 28.2%; the rate of children aged 3-6 years going to class reached 92.4%. Preschool educational institutions have developed appropriate and flexible plans for nurturing, caring, and educating children to meet the requirements and ensure the objectives and regulations in the preschool education program. 100% of preschool children attending class are ensured physical and mental safety.
The system of grassroots cultural and sports institutions has invested in equipment and organized many activities to serve the recreational needs of children of appropriate ages. The whole country has 613/713 districts, counties with cultural houses or cultural - sports centers, reaching a rate of about 86%; 141 districts, counties have sports centers; 5,996/10,230 communes, wards, towns have cultural houses or cultural, sports centers, accounting for about 58.6%; 66,513/109,727 (about 60%) villages, hamlets have cultural houses, sports areas serving people to participate in cultural, artistic, physical and sports activities, of which, the time for children reaches 30%. Children in special circumstances receive increasing social assistance, reaching a rate of over 95%. Legal aid for children has been prioritized and focused on. To date, more than 15,000 children have received legal aid, accounting for 10% of the total number of people receiving legal aid. Currently, there are 224 communes piloting a model of comprehensive child development care in the early years and there is close and effective inter-sectoral coordination in providing services to support children's comprehensive development.
The rate of parents and caregivers of children receiving advice and support on knowledge and skills to care for the comprehensive development of children up to 8 years old is increasing; specifically, in 2019 it was 25%; in 2020 it was 60% and in 2022 it was 62%. Emphasis is placed on developing programs, organizing counseling sessions, talks, guidance, and parenting education on comprehensive child development in the early years for parents and caregivers suitable for the age and development of children. The proportion of households accessing tap water is about 52%, using borehole water is 22.8% and 11.4% of households use protected dug wells. However, there are still some limitations in accessing comprehensive child development support services, such as: Firstly, the system of providing comprehensive child development support services is still inadequate, such as services are not synchronized, there are still missing types of services, service coverage is low, service quality is not good; lack of connectivity, linkages between services, service transfer is still difficult, ... As a result, it has not created the most favorable conditions for children and families to fully access services. Secondly, accessing and using services for children and families in remote and mountainous areas, ethnic minority people still face many difficulties and inadequacies due to the limited availability and capacity of the system to provide services. Thirdly, the counseling, guidance, and education programs for parents/caregivers on the comprehensive development of children in localities have not met the needs of families with children aged 0-8. There is still a large number of parents/caregivers who have not been counseled or guided on the comprehensive development of children. Fourthly, the content of counseling and guidance does not cover all the content on the comprehensive development of children, especially since there is a lack of content on accessing comprehensive child development services for children.
2.2. Health Insurance Coverage:
National Health Insurance (NHI):
- Eligibility: Foreign children may be eligible for NHI coverage under certain conditions, such as having a Vietnamese parent or being a permanent resident.
- Benefits: NHI provides basic healthcare coverage, including outpatient consultations, hospitalizations, and essential medications.
- Cost: The cost of NHI premiums varies depending on income level and age.
Private Health Insurance:
- Additional Coverage: Private health insurance can provide additional coverage beyond what is offered by NHI.
- Flexibility: Private insurance may offer more flexibility in terms of choosing healthcare providers and services.
- Cost: Private health insurance premiums are generally higher than NHI premiums.
Factors Affecting Coverage:
- Residency Status: The child's residency status in Vietnam plays a significant role in determining eligibility for NHI or other healthcare programs.
- Income Level: Income level may affect the cost of premiums and the level of coverage.
- Specific Health Conditions: Certain health conditions may require additional coverage or specialized care.
2.3. Cultural Considerations:
Understanding Cultural Differences:
- Traditional Practices: Be aware of traditional Vietnamese healthcare practices and how they may differ from Western or other cultural approaches.
- Cultural Sensitivity: Healthcare providers should be sensitive to cultural differences and avoid imposing their own cultural beliefs or practices.
Communication Challenges:
- Language Barriers: Language barriers may affect communication between healthcare providers and families from different cultural backgrounds.
- Cultural Nuances: Understanding cultural nuances in communication can help avoid misunderstandings.
Respect for Traditional Healing Practices:
- Complementary and Alternative Medicine: Some families may choose to use traditional healing practices in conjunction with modern medicine.
- Respectful Integration: Healthcare providers should respect traditional healing practices and work to integrate them with modern medical approaches when appropriate.
Involving Families in Decision-Making:
- Cultural Values: Respecting cultural values and involving families in decision-making can foster trust and improve healthcare outcomes.
- Shared Responsibility: Families should be involved in decisions about their child's healthcare, taking into account both cultural preferences and medical recommendations.
3. Cultural Considerations
Integration and Inclusion:
- Cultural Awareness: Schools and communities should be aware of and sensitive to the cultural needs of mixed-race children.
- Inclusive Programs: Implementing programs and initiatives that promote diversity and inclusion can help mixed-race children feel welcome and accepted.
Cultural Identity:
- Exploring Heritage: Encourage children to explore and appreciate both their Vietnamese and foreign cultural heritage.
- Identity Formation: Support children in developing a positive sense of cultural identity and belonging.
Cross-Cultural Experiences:
- Exposure to Different Cultures: Provide opportunities for mixed-race children to interact with people from different cultural backgrounds.
- Cultural Exchange Programs: Encourage participation in cultural exchange programs or activities.
It's important to create a supportive and inclusive environment for mixed-race children to thrive and develop a strong sense of identity.
4. Legal Representation
Importance of Legal Counsel:
- Understanding Legal Framework: Consulting with a qualified legal professional can help you understand the complex Vietnamese legal framework related to education, healthcare, and other matters affecting mixed-race children.
- Protecting Your Child's Rights: A legal professional can guide you through the legal processes and ensure that your child's rights are protected.
- Navigating Administrative Procedures: Legal counsel can assist you in navigating the administrative procedures and gathering the necessary documentation.
Finding a Qualified Attorney:
- Recommendations: Ask for recommendations from other foreigners, local residents, or organizations that work with families in Vietnam.
- Online Research: Research reputable law firms or individual attorneys who specialize in family law, education law, or immigration law.
- Professional Associations: Check with professional associations or organizations that represent foreign residents in Vietnam.
Building a Relationship:
- Initial Consultation: Schedule an initial consultation with a potential legal professional to discuss your specific needs and assess their expertise.
- Trust and Rapport: Building a trusting relationship with your legal counsel is essential for effective communication and representation.
- Ongoing Guidance: A qualified legal professional can provide ongoing guidance and support throughout the legal process.
By seeking legal advice from a qualified attorney, you can ensure that your child's rights are protected and that you navigate the legal system in Vietnam effectively.
