Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

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

Article 7(1) of the Convention. 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. It had also noted 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. Recalling 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 had requested the Government to take the necessary measures to bring the national laws and regulations into line with the Convention. The Committee notes the Government’s indication that it is in the process of reviewing the Labour Code. It notes the Government’s statement that during the revision process, priority will be given to provisions related to the minimum age for employment and thereby ensuring its commitment to Convention No. 138. In this regard, the Committee requests the Government to take the necessary measures, within the framework of the revision of the Labour Code, to ensure that children under 13 years of age are not employed in light work in accordance with Article 7(1) of the Convention. It requests the Government to provide information on any progress made in this regard.

Part V of the report form. Application of the Convention in practice. The Committee notes that according to the data provided by the Government in its report, 53 enterprises employing a total of 496 young persons were inspected in 2009, out of which 33 children were under the age of 16 years, including seven children working in hazardous and dangerous conditions. In 2010, 46 enterprises employing a total of 101 young persons were inspected, out of which 20 children were under the age of 16 years. The Committee notes the Government’s information that most of the young persons were found working in the garment industry, embroidery, aquaculture processing, agro-product processing, handicraft and fine arts, production of building materials and bricks, cashew nut husking, scrap classification, and seagrass mat weaving. The Committee notes the Government’s indication that warnings were issued to employers for employing children in hazardous types of work. The Committee takes note from the Government’s report of recently completed action plans, as well as ongoing action plans, for eliminating child labour. However, the Committee notes that according to the joint ILO, UNICEF and World Bank report on Understanding Children’s Work (UCW) in Vietnam of April 2009, an estimated 1.3 million children between the ages of 6 to 17 years are involved in child labour. The Committee expresses its deep concern at the high number of children engaged in child labour in Vietnam and requests the Government to redouble its efforts to improve the situation. It requests the Government to provide information on the measures taken in this regard. The Committee also requests the Government to continue providing statistical information on the employment of children and young persons, disaggregated by age, extracts from the reports of inspection services as well as the number and nature of the contraventions reported and penalties imposed.