Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

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 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 requested the Government to take the necessary measures to ensure that children under 13 years of age were not employed in light work in accordance with Article 7(1) of the Convention.

The Committee notes with interest the Government’s information that a number of revisions in the provisions of the Labour Code were adopted in 2012, including the adoption of section 164, which provides that employers are only entitled to employ children over 13 years of age in light work, and under the condition that the working hours must be arranged in order not to prejudice their attendance at school and that the occupational safety and health of these children must be ensured. Moreover, the Committee notes the adoption in June 2013 of Circular No. 11/2013/TT-BLDTBXH, which replaces Circular No. 21/1999/TT-BLDTBXH, and which provides a list of light work activities in which children over 13 years of age may be employed. This list includes work as a singer, dancer, actor, or athlete, and work in traditional occupations, arts and crafts, manufacturing of home appliances, or rearing silkworms.

However, the Committee notes that, by virtue of section 164(3) of the Labour Code of 2012, the employment of children under the age of 13 years is nevertheless allowed in some specific work regulated by the Ministry of Labour, Invalids and Social Affairs. Recalling that Article 7(1) of the Convention authorizes only children who have attained the age of 13 years to engage in light work which is not likely to harm their health or development, the Committee requests the Government to indicate in its next report whether regulations pursuant to section 164(3) of the Labour Code have been adopted.