ON THE ISSUE OF SOME ONGOING SOCIAL ADAPTATION PROGRAMS FOR YOUNG PEOPLE TEMPORARILY OR PERMANENTLY DEPRIVED OF A FAMILY ENVIRONMENT (USING THE EXAMPLE OF VIETNAM AND CHINA)
The article examines the international experience of solving housing problems of orphaned children as a fairly common social phenomenon on the example of the countries of Vietnam and China. Worldwide, more than a hundred million children are considered orphans due to various social reasons. Each state, including the Russian Federation, is trying to determine its own ways of overcoming orphanhood, as well as to provide various kinds of assistance to such citizens. Providing housing for children deprived of parental care is one of the main tasks of the state, the solution of which will form the basis for social protection and support for young orphans. The analysis of the international experience of the countries under consideration will allow, taking into account the peculiarities of Russian legislation, to identify and implement the most promising aspects of solving housing issues of orphans in Russian legislation.
Keywords: orphans, state, housing, law, rent, social programs, protection, social assistance, shelter.
Modern Russia considers a child as an independent subject of law, and not as a dependent object of parental authority, as a person endowed with appropriate rights and in need of support and protection due to age <1>. Of particular importance for this category of children is the provision by the State of such rights as the right to maintenance, upbringing, education, comprehensive development, as well as the right to respect their human dignity and ensure their interests, alimony, pensions, allowances and other social benefits due to them; the retention of ownership of a dwelling or the right to use a dwelling, or, if there is no dwelling, to receive a dwelling in accordance with the housing legislation of the Russian Federation.
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<1> Savenko O.E. Forms of placement of children left without parental care in foreign countries // Bulletin of the O.E. Kutafin University. 2015. N 2. pp. 126 - 135.
As in every country in the world, children are the highest value, and caring for their well-being is a priority policy of every State. Thus, in Vietnam, due to the high mortality and poverty among the country's population, the number of orphaned children left without parental care is also growing. And at the same time, there is a huge problem in providing housing for such a category of citizens. The Ministry of Labor, Disability and Social Affairs of Vietnam has invited provinces and cities to prioritize the organization and support of children orphaned as a result of the COVID-19 pandemic. Orphaned children from shelters in cities especially affected by the pandemic, such as Ho Chi Minh City, are placed in the care of relatives under guardianship so that children can live in a family environment <2>.
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<2> Letter No. 3234/LDTBXH-TE. On the timely implementation of measures to care for orphans during the COVID-19 pandemic.
According to the Constitution of Vietnam <3> everyone has an inalienable right to housing (Article 58). Citizens also have the right to social security (Article 67). Children left without parental attention after coming of age <4> can benefit from state support by obtaining social housing <5>. The State is putting in place mechanisms and policies for tax exemption and reduction of taxes, land use fees, land rents, long-term loans with preferential interest rates, other financial incentives and support from public sources of capital to implement policies to support social housing.
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<3> The Constitution of Vietnam.
<4> The Civil Code of Vietnam dated November 24, 2015
<5> Law "On Housing Construction" of November 25, 2014.
The subjects eligible to rent social housing, aged 16 to 22 years, are orphans - students of academies, universities, colleges, vocational schools; students of a public boarding school for ethnic minorities who are allowed to use housing during their studies; as well as citizens with low monthly income.
When renting a house, all housing maintenance costs are included in the rental payments; the cost of returning investment capital to housing construction for a period of at least 20 years from the date of conclusion of the lease agreement; for student houses for rent, only management and operation costs, as well as maintenance costs are included.
Rented social housing can then be redeemed.
The minimum term of the social housing lease agreement is 5 years from the date of signing the agreement.
The tenant or buyer of social housing does not have the right to sell or sublet it during the rental or foreclosure period. In cases where the tenant or tenant no longer needs to rent or buy a house for rent, the contract is terminated.
Also, the tenant or buyer of social housing cannot resell the house for at least 5 years from the date of full payment of rent and purchase price.
An apartment in an apartment building should be designed and built autonomously, in compliance with building codes and regulations, and the standards for the usable area of each apartment should be from 25 to 70 m2.
Orphans who have reached the age of majority, but belong to the category of poor citizens, must have permanent registration at their place of residence in the province or city where social housing is located. If there is no permanent registration, there must be a temporary registration at the place of residence for one year or more in the province or city where social housing is located, with the exception of orphaned students.
In addition to providing social housing, there are about ten SOS village programs in Vietnam, created for the purpose of raising, educating and caring for street children and orphans. The village takes care of the children until they turn 18, then they will apply for scholarships for children who need to continue their studies at colleges and universities, or look for a job to ensure a stable life after leaving the village <6>.
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<6> Charitable Organizations for Orphans - Kind Hearts.
Today, many children in Vietnam live in a way that previous generations could never have imagined. Vietnam is the first country in Asia and in the world to ratify the Convention on the Rights of the Child in 1990. The state continues to demonstrate clear leadership and strives to ensure that every child, regardless of whether he is raised in a family or deprived of parental attention and care, is healthy, safe, sheltered, educated and I had the opportunity to develop my full potential.
Orphans in China are the weakest and most complex social group in need of the care and love of the whole society. Love for children and caring for orphans is a traditional virtue of the Chinese nation.
In China, orphaned children over the age of 18 are called adult orphans. And orphaned children left without parental care are actually unsupported orphans (de facto orphans). Defacto orphans, i.e. de facto unaccompanied children belonging to children whose parents are severely disabled, are under house arrest, undergo compulsory treatment for drug addiction, are subjected to other measures restricting their personal freedom; or children whose parents are either dead or missing.
In China, along with the primary and urgent issues such as education, employment of orphans, there is a particularly acute problem of providing housing to orphans and children left without parental care, as well as to persons from among orphans and children left without parental care. In this regard, the Central Party Committee of China has initiated a lot of work to protect children and social orphans.
Despite the fact that China is a socialist country, it does not provide free housing to its citizens. To solve the housing problem, a multifaceted system has been developed aimed at providing social housing to low-income citizens. In most cases, and often always, these include adult orphans and de facto orphans.
The state rents housing for certain categories of citizens: rent for the low-income and rent for social orphans with a low rental rate. To apply, you can contact the Bureau of Civil Affairs of the Autonomous Okrugs, the Bureau of Social Security, the Bureau of Public Services. There are various measures (laws) in the provinces to provide social support for adult orphans, adult orphans with disabilities, as well as de facto orphans.
The living conditions of adult orphans are included in the priority housing policy, and preference is given to renting public rental housing with a low rental rate.
Social resettlement of adult orphans refers to a method of resettlement that facilitates the transition of adult orphans from centralized support of social institutions to return and integration into normal social life. The measures stipulate that municipal and district social security agencies should organize expert assessment teams or assign an outside professional assessment agency to assess the physical and mental condition of adult orphans capable of self-care, viability and work capacity.
Adaptation to adulthood is carried out within a three-year period. During the transition period, the social security agency allocates funds for basic living expenses for adult orphans in accordance with minimum standards for centralized support for orphaned children. During this period, adult orphans will receive furniture, household appliances, kitchen utensils, as well as other basic necessities. In addition, during the transition period, social security institutions pay for the rent of public housing for adult orphans.
Adult orphans who are recognized as healthy or disabled of moderate severity and have a certain ability to work and self-care, return to adulthood. The Civil Affairs Department of the district and the district where the adult orphans will live must monitor their housing, work and household management. The Bureau of Civil Affairs issues a one-time subsidy for an adult device. Funds related to housing are allocated from the municipal social security fund to cover the general expenses of an adult orphan. Departments also manage subsidies. The orphan is not given monetary assistance for free disposal.
Orphans who have been diagnosed with physical disability, lack of ability to live independently and find employment will be accepted by the district or district civil affairs department and transferred to district or district social security institutions. With regard to adult orphans who are placed in social protection institutions and have real estate, the relevant district and district civil affairs departments are responsible for managing the maintenance of their homes. With regard to compensation payments for land, relocation subsidies, real estate income or inheritance, the district and district civil affairs departments are responsible for overseeing the accounts of compensation, subsidies, inheritance and real estate income <7>.
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<7> The Law of China "On the Protection of Minors".
Adult orphans, adult orphans with disabilities, and de facto children living in rural homes who require rehabilitation, reconstruction, or who are damaged by natural disasters are given priority when planning to improve the housing needs of such citizens. Village authorities and village committees should organize and mobilize community forces and local residents to help them build houses.
Priority categories include: disadvantaged families, low-income families, families with citizens with severe forms of illness, families with severe disabilities, families with special difficulties in family planning, families with people over 60 years old (inclusive), families with recipients of special care (including demobilized military personnel), families adult orphans, families of fire rescue workers and other families recognized as low-income by city departments.
According to the National Project of Comfortable Housing <8> in most cities, apartments of medium and small size are affordable housing. The share of living space must be at least 75% of the total area. The layout should include a bedroom, a living room, a kitchen, a bathroom, a pantry and a balcony, arranged in such a way that the use of these premises is rational and convenient for living. At the same time, the living area means the area of the apartment, which does not include the square footage of the kitchen and bathroom. The state obliges developers to transfer 20% of the apartments being built to the social sphere.
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<8> Heifetz E.E. Housing reforms and renovation of housing stock in China. Experience for Russia // Property relations in the Russian Federation. 2019. N 2 (209). pp. 18-28.
The scale of China and the range of its housing problems are enormous. But the authorities are trying to cope by giving priority to preferential social housing for low-income citizens, including adult orphans and de facto children who are in a special risk group, since this is the key to social and political stability in China.
An analysis of the international experience of countries such as Vietnam and China regarding the resolution of housing problems of children left without parental care will undoubtedly allow the Russian Federation to adopt and implement the positive experience of countries friendly to our state and into Russian legislation. Since the right to housing is a right for every citizen of the Russian Federation, which is guaranteed and enshrined in the Basic Law of the country.
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<9> The Constitution of the Russian Federation (adopted by popular vote on 12.12.1993 with amendments approved during the all-Russian vote on 07/01/2020).
