Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Minimum Age Convention, 1973 (No. 138) - Viet Nam (Ratification: 2003)

The Committee notes the Government’s report. It requests the Government to supply information on the following points.

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee had previously noted that the Government adopted in 2001 a national programme of action for children for the period 2001–10. The Committee notes the information contained in the Government’s report concerning the policies, legislative amendments and supplementary legislation adopted by the Government within the framework of the above national programme for the welfare and protection of children. It notes that the Government adopted Decision No. 19/2004/QD-TTg approving the Programme on preventing and solving the problem of street children, sexually abused children and children in hazardous working environment for the period 2004–10; Decision No. 65/2005/QD-TTg approving the project on caring and protecting orphaned, homeless, abandoned, exposed to toxic substances and HIV‑infected children for the period 2005–10; Decision No. 53/2006/ND-CP for protecting children under special situations; and Decision No. 38/2004/QD-TTg on providing financial support to families and individuals who adopt orphans and abandoned children. It also notes that the issue of child protection has been integrated into the national socio-economic development plans with the goal that 90 per cent of children in a special situation shall be cared for and supported by 2010. A free-of-charge Child Helpline which deals with problems relating to child protection was made available in 2004. The Committee notes the Government’s information that all these efforts have led to an increased number of children cared for and protected, for example: 55.3 per cent of the total number of orphans and 25 per cent of children with disabilities are being taken care of and are provided with free education; 66 per cent of street children are monitored and cared for; birth registration rates increased from 87 per cent in 2002 to 95 per cent in 2005.

Article 2, paragraph 1. Scope of application. The Committee had previously requested the Government to indicate how the protection afforded by the Convention is guaranteed to children carrying out an economic activity that is not covered by a labour contract, such as self-employment. The Committee notes the Government’s information that the protection of children engaged in economic activities, including self-employment is stipulated in the Criminal Code (section 228) and the Law on Protection, Care and Education of Children (section 7), which states that persons employing children in heavy or dangerous work or in a working environment exposed to hazardous substances shall be punished. It also notes that the abuse of child labour, employing children in hard and dangerous jobs or in a working environment exposed to toxic substances and other jobs in contravention with the provisions of the labour law are prohibited acts according to section 7 of the Law on Protection, Care and Education of Children. The Committee observes that these provisions appear to apply only to the employment of children in hard and hazardous types of work without concerning directly self‑employed children under 15 years of age. The Committee once again reminds the Government that the Convention applies not only to work performed under a labour contract, but all types of work or employment, including self-employment. The Committee accordingly requests the Government to indicate the measures taken or envisaged to ensure that self-employed children benefit from the protection laid down in the Convention.

Article 2, paragraph 3. Compulsory schooling. Following its previous comments, the Committee notes the Government’s information that, according to section 26 of the Law on education of 2005, primary education lasts for five years starting from the age of 6, and secondary education starts at the age of 11 years and lasts for four years. Accordingly, compulsory education is completed at the age of 15 years, which is in line with the minimum age for admission to employment specified by the Government.

Article 3, paragraph 3. Admission to types of hazardous work form the age of 16 years. Referring to section 7(7) of the Law on protection, care and education of children 2004, which prohibits the employment of children in heavy or dangerous jobs and work in exposure to noxious substances, the Committee had requested the Government to indicate whether young persons aged 16 to 18 are allowed to perform certain types of hazardous work and, if so, to provide information on the conditions of such work. The Committee notes the Government’s information that, according to section 121 of the Labour Code, it is prohibited to employ junior workers in heavy or dangerous work, or work requiring contact with toxic substances, or work or workplaces that have adverse effects on their personality. It further notes the Government’s indication that junior workers, according to section 119 of the Labour Code means persons under the age of 18 years and therefore workers under the age of 18 are not employed in any hard or hazardous work.

Article 6. Apprenticeship and vocational training. The Committee had previously noted section 22 of the Labour Code which states that students at a trade training centre must be at least 13 years of age, except in the case of trades in respect of which the Ministry of Labour, War Invalids and Social Affairs (MOLISA) determines otherwise and must be sufficiently healthy to satisfy the requirement of the trade. It had requested the Government to provide information on the measures taken or envisaged to set the minimum age of 14 years for entry into apprenticeship, as required by Article 6 of the Convention. The Committee notes the Government’s information that the new Law on vocational training (taking effect as of 1 June 2007) does not set a minimum age for taking part in vocational training, but rather states that primary vocational training may be performed by any person who is sufficiently healthy. The Committee observes however that there is no minimum age specified under the new law on vocational training. It would therefore appear that section 22 of the Labour Code which specifies a minimum age of 13 years for vocational training still applies. The Committee once again reminds the Government that Article 6 of the Convention permits work done by persons at least 14 years of age in undertakings, where such work is carried out in accordance with conditions prescribed by the competent authority, after consultation with the organizations of employers and workers, and is an integral part of: (a) a course of education or training of which a school or training institution is primarily responsible; (b) a programme of training mainly or entirely in an undertaking, which programme has been approved by the competent authority; or (c) a programme of guidance or orientation designed to facilitate the choice of an occupation or of a line of training. It accordingly asks the Government to provide information on the measures taken or envisaged to ensure that no one under 14 years of age carries out an apprenticeship. It also requests the Government to provide practical information on vocational training programmes as laid down in the new Law on vocational training and to provide a copy of the same.

Article 7, paragraph 1. Minimum age for admission to light work. Noting that the provisions under Circular No. 21/1999/TT-BLDTBXH on employing children not yet 15 years of age allows children of 12 years of age to carry out light work as listed in the Circular, the Committee had requested the Government to take the necessary measures to ensure that no children under 13 years of age are employed in light work. In reply, the Government indicates that it has noted the Committee’s comments and that it will be referred to in its subsequent labour legislation revisions and developments. The Committee hopes that appropriate amendments will be adopted shortly to ensure that children under 13 years of age are not employed in light work. It requests the Government to provide information on any progress made in this regard.

Article 8. Artistic performances. Following its previous comments, the Committee notes the Government’s information that, according to Part III of the Circular on employing children not yet 15 years of age, the responsibilities of employers when hiring children under 15 years include: to keep separate records noting the full name, date of birth, gender, residence address, level of education, current work assignment, names of parents or legal guardian, and labour conditions applicable to the child; to register the employment of children with the local Department of Labour, War Invalids and Social Affairs; to conduct their medical check-up and periodic health check-ups at least once in six months; and to be responsible for the safety and health of children during the course of employment. The Committee also notes that according to Part II of the Circular which prescribes the conditions for employing children under 15 years, the working time must not exceed four hours a day or 24 hours a week; children may not be employed for overtime or night work; and that the working environment must not adversely affect the physical or mental health of the child.

Part V of the report form. Application of the Convention in practice. The Committee had previously expressed its deep concern at the number of children working in Viet Nam, and in particular, performing hazardous types of work. The Committee notes the Government’s information that pursuant to Decision No. 19/2004/QD‑TTg on approving the “Programme on preventing and dealing with the situation of street children, sexually abused, and children working in hazardous conditions for the period from 2004 to 2010”, the Committee of Population, Family and Children, along with MOLISA, launched a project named “Preventing and dealing with the situation of children in hard and hazardous conditions”. This project focuses on redoubling educational measures, developing intervention policies supporting children working in hard and hazardous conditions to have suitable work; and improving child labour monitoring systems. It notes however the Government’s information that despite its efforts to protect children, there are many children in special situations. The Government acknowledges that the implementation of the child protection measures are ineffective; the system for protecting children is incomplete and inconsistent; intersectoral coordination mechanisms are ineffective; child protection service networks are not developed; the capacity of officers working with children, family and community is inadequate; and examination and supervision are not carried out regularly, etc. The Committee strongly encourages the Government to redouble its efforts to progressively improve the situation and to provide detailed information on concrete measures taken in this regard. It also requests the Government to provide in its next report detailed information on the application of the Convention in practice, including statistical data on the employment of children and young persons, extracts of inspection reports and information on the number and nature of contraventions reported and penalties applied.