Assessment of children with disabilities’ protection policies in the Viet Nam’s Law on Persons with Disabilities

Terms of Reference for

Assessment of children with disabilities’ protection policies in the Viet Nam’s Law on Persons with Disabilities

Increased Accountability to Eliminate Violence and Discrimination Against Children with Disabilities (AVAC)

August, 2023

1. Project Summary

2. Introduction

Action to the Community Development Institute (ACDC) is an organization for and of persons with disabilities, supporting the persons with disabilities including children with disabilities and other vulnerable groups in Viet Nam. ACDC is one of the pioneering organizations that seeks solutions to improve the quality of life, look towards equal status, independence, social integration, and abilities of persons with disabilities to contribute more effectively to the society. 

The project “Increased accountability to eliminate violence and discrimination against children with disabilities” (abbreviated as AVAC) has been implemented by ACDC, under the sponsorship of Save the Children Hong Kong and the coordination of Save the Children in Viet Nam, in the period of 2022-2024 in Ha Noi, Da Nang and Ho Chi Minh City. The overall goal of the project is to contribute to efforts of State and stakeholders at all levels to effectively implement children's rights, ensuring that these rights are fully realized as committed.

This document provides the Terms of Reference for the “Assessment of children with disabilities’ protection policies in the Viet Nam’s Law on Persons with Disabilities” under the project “Increased accountability to eliminate violence and discrimination against children with disabilities”.

3. Background and Context

Viet Nam was the first country in Asia and the second country in the world to ratify the United Nations Convention on the Rights of the Child (or CRC for short) in February 1990. Right after ratifying the CRC, Viet Nam issued the Law on Child Protection, Care and Education 1991 (amended in 2004) which was then substituted with the Law on Children 2016. In Decree No. 56/2017/ND-CP detailing a number of articles of the Law on Children, Chapter III is all about Support and interventions for cases where children are abused or at risk of violence, exploitation, neglect, and disadvantaged children, including children with disabilities.

A survey on persons with disabilities under the National Statistical Survey Program was conducted in 2016.  As per data on children with disabilities in education, health, social protection, etc., it can be indicated from the report that ensuring social integration, protection, fairness and equality for all children with disabilities is one of the goals towards sustainable development.

Decision No. 1438/QD-TTg has approved a scheme to help children with disabilities access community-based child protection, care and education services in the 2018-2025 period. The overall goal of the scheme is that by 2025, children with disabilities will have access to community-based child protection, care and education services so that they can integrate into the community and have the opportunity to fully exercise their rights.

Particularly, the applicable Law on Persons with Disabilities, as a comprehensive legal basis to protect and exercise the rights of persons with disabilities, was passed by 12th National Assembly of the Socialist Republic of Vietnam at the 7th plenary session on 17 June 2010, with effect from 1 January 2011. Accordingly, children with disabilities belong to a vulnerable group that is prone to violence, abuse and exploitation. However, there are neither details nor specific regulations regarding this group, which affects the design and implementation of activities to support children with disabilities by agencies and organizations, and the satisfaction of children with disabilities’ needs for equality, integration and gender-related needs.

On 3 June 2020, the Prime Minister assigned the Ministry of Labor - Invalids and Social Affairs (MOLISA) to study and propose amendments to the Law on Persons with Disabilities by 2023.[1]

The “Assessment of children with disabilities’ protection policies in the Viet Nam’s Law on Persons with Disabilities” is expected to include more children’s voices in the amendment and supplementation of the Law on Persons with Disabilities, as well as provide accurate, updated information and data about the right to protection of children with disabilities.

4. Scope of Study

4.1. Purpose, Objectives and Scope

Purpose of the Assessment

The Assessment identifies policy gaps in the right to protection of children with disabilities in the Law on Persons with Disabilities based on a comparison with international legal frameworks and Vietnam's current legal regulations related to the right to protection of children with disabilities. Therefore, the Assessment makes recommendations to amend and supplement this law as well as promote the rights of children with disabilities to be protected in Vietnam

Objectives of the Assessment

- Review how the right to protection of children with disabilities is regulated in Viet Nam’s Law on Persons with Disabilities based on a comparison with international legal frameworks and Vietnam's current legal regulations related to the right to protection of children with disabilities.

- Promote the exercise of right to protection of children with disabilities through:

+ Identify the policy gaps on the right to protection of children with disabilities under the Law on Persons with Disabilities in the locality.

+ Comparison of the Law on Persons with Disabilities with international legal frameworks. Identify the gaps between national and international legal regulations.

+ Mobilization of the prevention and response of central/local State agencies and stakeholders to abuse of children with disabilities, including the amendment and supplementation of the Law on Persons with Disabilities, and the implementation of relevant policies.

Scope of the Assessment

The assessment will involve the project’s partners, their networks, and stakeholders at different levels who have been involved in the project, including children. In specific, visits and discussions will be made to:

• Relevant government functional bodies such as Department of social assistance, Department of child affairs, Department of legal affairs
• CSO networks, INGO working in CwD area to protect Cwd and caregiver’s right.
• Mothers and fathers and/or caregivers of CwD.
• Children with disabilities.

The policy gap regarding the right to protection of children with disabilities in Vietnam’s Law on person with disabilities based on a comparison among: 

• International legal frameworks (UN CRC, UN CRPD)
• Vietnam's current legal regulations related to the right to protection of children with disabilities (Children's Law 2016, Law on Domestic Violence Prevention and Control 2022).

Location: The assessment will be conducted in person in Ha Noi, Da Nang, Hochiminh and online in Ha Nam, Thai Nguyen, Nam Dinh, Nghe An, Can Tho.

4.2. Key Assessment Questions

1. How are the principles/scope/strength/implementation in the right to protection of children with disabilities in the international legal framework and the Law on PwD? Are Vietnam's current legal regulations related to the right to protection of children with disabilities (in term of principles/scope/strength/implementation) compatible with international laws?

2. How are the policy gaps in the implementation of child protection regulations under the Law on Persons with Disabilities in the actual?

3. What are the current good practices/services in supporting children with disabilities/their families in protecting children with disabilities under the Law on Person with disabilities?

4. What are the proposals and recommendations for the review of Law on PwD and the role of social organization and other necessary approaches to promote the right to protection of children with disabilities? 

4.3. Intended Audience and Use of the Assessment

The findings of the Assessment will be shared in with the project donor, key partners, relevant government offices, CSOs and NGOs, stakeholders and beneficiaries, including children. Moreover, it will be used as include more children’s voices in the amendment and supplementation of the Law on Persons with Disabilities, as well as provide accurate, updated information and data about the right to protection of children with disabilities.

The Assessment Team will be required to propose how the primary audience will be involved throughout the survey and how key findings will be shared with each of the different stakeholders above, particularly outlining how reporting back to communities, beneficiaries and children will be conducted in an accessible and child friendly manner.

4.4. Roles and responsibilities of parties

The Assessment Team:

• Managing the Assessment process
• Developing assessment tools and inception report
• Planning and implementing the assessment process following SC policies and guide for ethical generation of evidence
• Writing the final report

DEADLINE EXTENDED to SEPTEMBER 20, 2023 at 11:59 P.M

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See full details here: Assessment of children with disabilities’ protection policies in the Viet Nam’s Law on Persons with Disabilities