CRC/C/VNM/CO/3-4
juvenile justice, in particular as regards legislation and expedition of the law reform
process. It also recommends that the State party strengthen the coordination and
coherence of legislation to support the implementation of the Convention. The
effective implementation of its Strategy on the Development of the Legal System
should be undertaken and sufficient resources allocated for the effective enforcement
of child-related legislation, in particular the 2004 Law on the Protection, Care and
Education of Children and its envisaged amendment in 2013, as well as the decrees to
implement that Law.
Coordination
11.
While the Committee notes that the coordination of children’s issues was transferred
to the Ministry of Labour, Invalids and Social Affairs in 2007, the Committee is concerned
that the devolution of powers from national to provincial, district and communal levels of
government has contributed to an inconsistent implementation of the Convention,
particularly at the local level, in the light of the dissolution of all local committees of the
previous coordinating body. In this context, the Committee remains concerned about the
adequacy of the coordination mechanism at the communal level, and about the lack of
sufficient human resources responsible for children’s issues at that level.
12.
The Committee recommends that the State party develop effective mechanisms
to ensure a consistent application of the Convention in all provinces by strengthening
coordination among the national, provincial, district and communal levels. In doing
so, the State party is urged to ensure that the Department for Child Protection and
Care within the Ministry of Labour, Invalids and Social Affairs is strengthened and
provided with the necessary human, technical and financial resources to implement
child-rights policies that are comprehensive, coherent and consistent at the national,
provincial, district and communal levels.
National plan of action
13.
While noting the National Programme of Action for Vietnamese Children for the
period of 2011-2020, which is soon to be adopted, the Committee is concerned about the
absence of proper coherence and coordination between the different existing national
policies and programmes affecting children, leading to a weakening of the impact of some
policies and overlapping mandates in some sectors.
14.
The Committee recommends that the State party adopt the National
Programme of Action for Vietnamese Children without any delay and allocate
sufficient funds for its implementation. The Committee also urges the State party to
strengthen the coherence and coordination of plans, programmes and policies to
support the implementation of the Convention in totality. In doing so, the State party
is encouraged to continue to mainstream child rights within all policies and national
programmes, and to allocate sufficient human, technical and financial resources for
effective implementation. The Committee recommends that the State party continue
to monitor and evaluate these policies and programmes to track progress and results,
with a view to further refining child-related policies, plans and programmes.
Independent monitoring
15.
The Committee strongly reiterates its previous concern (CRC/C/15/Add.200, para.
12) about the lack of an independent monitoring body for the promotion and protection of
children’s rights as outlined in the Committee’s general comment No. 2 (2002) on the role
of independent human rights institutions.
3