Since acts of child abuse can leave permanent scars on a child’s development,
preventing child abuse is more important than punishing child abuse crimes in order
to help children grow into healthy members of society. Although the Vietnamese
governme...
Since acts of child abuse can leave permanent scars on a child’s development,
preventing child abuse is more important than punishing child abuse crimes in order
to help children grow into healthy members of society. Although the Vietnamese
government has continuously revised their child abuse prevention legislation over the
past 20 years, cases of child abuse continue to occur. Therefore, in order to find out
why child abuse cases continue to occur, this researcher conducted a survey of 451
early childhood educators and 343 parents in Vietnam to examine their legal
awareness of Vietnam’s child protection laws and find the ways to improve the legal
system. The findings of the study are as follows.
1. The characteristics of Vietnam’s child protection legal system are as follows:
First, at the constitutional level, Vietnam recognizes children as active and
independent holders of rights and has established a comprehensive children’s rights
system that includes the child’s right to survival, right to development, right to
protection, and right to participation. This approach is aligned with the UN Convention
on the Rights of the Child (CRC).
Second, by integrating the core principles of the CRC into its constitution, Vietnam
aims to guarantee Children’s Rights at a level exceeding international standards. This
is a legal system implementation method that provides a basis for more clearly and
strongly realizing the guarantee of Children's Rights and increases consistency with
international standards.
Third, at the level of general legislation, Vietnam provides a certain degree of child
protection through comprehensive laws, an obligatory reporting system for all citizens,
and institutionalized education. However, the legal system needs to be augmented
because it lacks detailed situational reflection, the age and terminology of the child
are inconsistent, the follow-up management for Child Abuse cases is insufficient, and
the qualification standards for school staff are weak. In particular, there is a need for
social consensus and institutionalization of protective measures such as CCTV.
Fourth, Vietnam has stipulated both administrative and criminal sanctions for Child
Abuse through the Children's Law, Criminal Law, and related enforcement regulations.
Therefore, Vietnam has a strong legal punishment system for Child Abuse, and we
have a comprehensive approach that includes Emotional Abuse in particular, but it is
still focused on punishment, and we need to upgrade it to a complex intervention
system that focuses on Prevention and Recovery in the future.
Fifth, Vietnam’s recent Child Abuse case law shows that it is moving toward a childcentered protection system that meets international standards, emphasizing not only
legal punishment but also awareness of emotional damage, expanded ethical
responsibility, and active obligations of guardians.
Sixth, Vietnam’s recent child abuse case law emphasizes not only legal punishment
but also awareness of emotional damage, expanding of ethical responsibility, and
active obligations of guardians. It means that Vietnam is moving towards a childcentred protection system with international standards.
2. The characteristics of legal awareness regarding Child Protection Laws among
early childhood educators and parents in Vietnam are as follows:
First, early childhood educators and parents in Vietnam are aware that Child Abuse
is a ‘social problem’, but they lack a pro-active attitude toward ‘reporting’ and
‘eradicating’ it, which does not lead to actual action.
Second, the rate of perception of Corporal Punishment as ‘Physical Abuse’ is low,
because it is perceived as ‘Emotional Harm’. This is because the authoritarian
disciplinary style and the traditional disciplinary culture, exemplified by the
expression: ‘if you love, give a rod; if you hate, give sweets’, are still in effect.
Third, Verbal Abuse is often regarded as merely emotional expression or a
disciplinary method. This indicates the persistence of a culture that permits
uthoritarian discipline by early childhood educators and parents, with unclear
boundaries and risks of justifying Emotional Abuse.
Fourth, early childhood educators and parents perceive sexual contact as abuse,
but the distinction between Sexual Abuse, the violation of children’s rights, and
displeasure is ambiguous. This ambiguity may lead to confusion due to the lack of
specific guidelines on what behavior is actually inappropriate.
Fifth, early childhood educators and parents simply perceive ‘school truancy’ as a
problem of lifestyle habits and fail to link it to educational neglect. This is because
there is a lack of a social warning system regarding the responsibility of guardians,
and a lack of constitutional and child-rights-based awareness of the ‘Right to
Education’.
Sixth, there are conflicting views on the role of CCTV. Early childhood educators
perceive CCTV as a surveillance tool and source of stress, raising concerns about
privacy violations, while parents see CCTV primarily as a means to monitor teachers
rather than protect children. This can weaken trust and increase conflict between
childcare centers and families. Meanwhile, some are concerned that CCTV is an
invasion of children's privacy, although it is also necessary from the perspective of
ensuring safety and the child’s right to life.
Seventh, both early childhood educators and parents prioritize ‘strengthening legal
punishment’ as the top priority in preventing child abuse, but this is a post-responseoriented approach, and there is little interest in and awareness of pre-response
oriented approach such as preventive education, strengthening professionalism, and
restoring trust in childcare and education facilities.
Eighth, there is a lack of trust and understanding of the legal system. Early
childhood educators rely on ‘personal morality’ and have little awareness of
institutional responses, while parents focus on ‘institution closures or teacher
character’, showing little interest in systemic protections such as CCTV monitoring
and teacher qualification management.
3. Proposed Improvements to Child Protection Legislation based on the above
characteristics and legal awareness:
First, specific laws, policies, and guidelines are needed to realize constitutional
child rights. An integrated ministry or dedicated agency should be established to
prevent fragmentation among the Ministry of Education, Ministry of Health, Ministry
of Welfare, and the judiciary. Effective administrative and judicial procedures are also
needed to allow children or their representatives to claim remedies for rights
violations.
Second, at the level of general laws, improvements should reflect best practices
from Republic of Korea standards set by the UN Convention on the Rights of the Child
(CRC). These include institutionalizing mandatory CCTV installation, defining
qualifications for early childhood educators, and formalizing child protection agencies.
It is necessary to clearly define the definition of abuse and reporting procedures
through subordinate laws centered on the ‘Children’s Law’. It is necessary to consider
organizing the terminology of children and expanding the age of children to under 18
years old and a four-step legislative process from reporting via Hotline 111 to followup care, the establishment of specialized agencies, mandatory child abuse prevention
education, and regular evaluation systems are needed. There is also a need to
standardize terminology, extend the legal definition of children to those under 18, and
introduce a four stages from reporting to hotline 111 to post-management. It is
necessary to clarify the reasons for teacher disqualification, make child abuse
prevention education mandatory, and institutionalize regular evaluations.
Third, regarding criminal law, a system of intervention that integrates welfare,
medical, and psychological services is necessary, going beyond mere punishment. The
legal definitions of abuse types should be clarified, and practical guidelines for each
type should be developed. It is necessary to punish the perpetrator and provide
treatment in parallel, establish a support system for victimized children, and run a
campaign to raise public awareness in parallel with the legal system.
Fourth, awareness improvement must involve both enhanced education and training,
as well as the establishment of a solid legal foundation. We need to shift from a
punishment-centered approach to a prevention-centered approach, and establish an
integrated protection system and legal awareness system centered on children's rights.