Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

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

Article 2, paragraph 1, of the Convention. Scope of application. The Committee had previously observed that the provisions of section 228 of the Criminal Code and section 7 of the Law on Protection, Care and Education of Children appeared to apply only to the employment of children in hard and hazardous types of work without directly concerning self-employed children under 15 years of age. It had accordingly requested the Government to indicate the measures taken or envisaged to ensure that self-employed children benefit from the protection laid down in the Convention. The Committee notes the Government’s statement that besides the general prohibition on work by children under 15 years in the Labour Code and exceptions with regard to the types of light work listed under Circular No. 21/1999/TT-BLDTBXH, the State has initiated several policies for self-employed children under 15 years. These include referring them to social centres; and encouraging their families to support them to attend a school or vocational training school while working until they reach the age of 15 years. The Committee also notes the Government’s reference to other programmes implemented by the Government to improve the situation of children such as: (i) the National Action Programme on Children; (ii) programmes to prevent and solve the problems of street children, sexually abused children and children working in hazardous and dangerous works; (iii) programmes to take care of orphans and other disabled children; and (iv) providing financial assistance to families who adopt orphans and abandoned children.

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 observed that the new Law on vocational training (taking effect as of 1 June 2007) did not specify a minimum age for vocational training and hence it appeared that section 22 of the Labour Code which specified a minimum age of 13 years for vocational training continued to apply. It had accordingly asked the Government to provide information on the measures taken or envisaged to ensure that no one under 14 years of age carried out an apprenticeship. The Committee notes the Government’s information that, as per the Labour Code, the minimum age for vocational training is 13 years. The Government further states that, though the Law on Vocational Training does not indicate a minimum age for vocational training, sections 18 and 25 of the Law set out certain conditions for entry into secondary vocational schools and vocational colleges. Accordingly, only graduates from elementary secondary schools (which means the student is at least 15 years old) are admitted to secondary vocational schools and those graduated from secondary vocational schools (at least 18 years old) are admitted to vocational colleges. The Committee also notes the Government’s statement that millions of students attend vocational training courses every year. In 2007, 1,436,500 students were enrolled in secondary vocational schools and vocational colleges; in 2008, 1,538,000 students were enrolled; and, in 2009, an estimated 1,640,000 students, including 1,335,000 students in elementary vocational schools, were enrolled. The Committee further notes the Government’s information in its report under Convention No. 182 that the proportion of children attending all levels of school has increased and the proportion of repeaters and school drop-outs has decreased. In 2007–08, 96.06 per cent of children attended primary school, while 82.6 per cent of children attended secondary school.

Article 7, paragraph 1. Minimum age for admission to light work. The Committee had previously noted that the provisions under Circular No. 21/1999/TT-BLDTBXH on employing children under 15 years of age allowed children of 12 years of age to carry out light work activities as listed in the Circular. The Committee had requested the Government to take the necessary measures to ensure that children under 13 years of age are not employed in light work. The Committee notes the Government’s explanation that the employment of children at the age of 12 years is allowed in less physically demanding traditional and cultural jobs involving traditional skills transferred from generation to generation which require a combination of training and practice from an early age. The Committee recalls, however, that Article 7(1) of the Convention authorizes only children who have attained the age of 13 years to engage in light work, including traditional and cultural jobs, which is not likely to harm their health or development. The Committee, therefore, once again requests the Government to take the necessary measures to bring the national laws and regulations into line with the Convention and to allow children to be employed in light work only from the age of 13 years.

Part V of the report form. Application of the Convention in practice. The Committee notes the statistical information provided by the Government. According to this data, in 2007, the labour inspectors conducted inspections in 68 enterprises, and out of a total of 12,508 workers, 67 were between the ages of 16 and 18 years. In 2008, 72 enterprises were inspected, and out of a total of 34,225 workers, 298 were between the ages of 16 and 18 years. It notes the Government’s statement that the juvenile workers were mainly employed in low-skilled manual jobs in garment, leather or woodwork manufacturing enterprises. The Committee also notes the Government’s statement that it is due to the limited awareness of labour legislation and regulations on juvenile workers, that non‑compliance or inadequate compliance with some regulations have been reported. The Committee requests the Government to continue providing 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.