The case of a 16-month-old baby passing away in front of the kindergarten: Lawyer speaks out harshly!

Dr. Dang Van Cuong, member of the Executive Committee of the Vietnam Association for the Protection of Children's Rights, said that the incident showed irresponsibility in childcare and carelessness of the car driver.

According to Dr. Cuong, the consequences of the incident are very serious and heartbreaking and it is necessary to consider the legal responsibility of the organizations and individuals involved.

Mr. Cuong emphasized that letting the child run out without prior control was the fault of the person who looked after him and opened the door. Next, the parent who drove the vehicle without paying attention was the main reason why the child did not recover.

Therefore, in this situation, the authorities will clarify the cause of the incident, clarify the developments of the situation through security cameras and determine the fault of the relevant organizations and individuals to handle according to the provisions of the law. If any officer or individual is at fault causing the child's death, they will be held responsible before the law.

In principle, when parents entrust their children to a preschool for care and education, the staff and employees taking care of the children must comply with the law, comply with the rules and regulations, especially the regulations to ensure the safety of the children.

According to Dr. Cuong, the authorities will clarify the identity of the woman who appeared in the clip when the classroom door opened, will clarify who opened the door and the responsibility for managing the children according to the rules and regulations of this preschool to determine responsibility.

"If the teacher or staff of this kindergarten opens the door but "forgets" to close it, or opens the door but fails to observe or manage the children in the room according to assigned tasks, they must be held responsible before the law."

Dr. Dang Van Cuong added that the law stipulates that people with responsibilities and duties but due to lack of responsibility, fail to perform or improperly perform assigned responsibilities and duties, causing serious consequences, must bear criminal responsibility for "Crime of lack of responsibility causing serious consequences according to Article 360 of the Penal Code, the lowest penalty is non-custodial reform for up to 03 years or imprisonment from 06 months to 05 years".

The member of the Executive Committee of the Vietnam Association for the Protection of Children's Rights added that in addition, the authorities will also clarify whether this preschool operates with a license or not, whether the staff here are trained, have appropriate degrees, certificates, and expertise or not. The childcare process and the responsibilities of the staff and teachers at this facility are assigned, assigned tasks and how the work is organized.

"In case this educational institution operates without a license or does not ensure safety, the staff do not have appropriate certificates, do not assign tasks clearly, and do not have a supervision and management process, this institution will be subject to administrative sanctions and may be temporarily suspended from operation," said Mr. Cuong.

As for the staff assigned to be in charge of the class, the staff picked up the child from the family to manage the child but could not manage, let the child run outside and the incident = happened, then it is very likely that the person directly responsible for the care and management at the time of the incident will be considered for handling the crime of lack of responsibility causing serious consequences.

The authorities will also clarify who is managing and operating this preschool, and whether the management complies with legal regulations. In particular, the authorities will also clarify whether the preschool complies with safety regulations, to review the overall responsibility of the organization and related individuals for management in accordance with legal regulations.

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