Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

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

Article 1 of the Convention. National Policy. The Committee previously noted the adoption of the Programme to Prevent and Reduce Child Labour for the period of 2016 – 2020, and requested the Government to provide information on its implementation, as well as the results achieved.

The Committee notes the Government’s information in its report that 41 out of 63 provincial authorities issued local plans to implement the Programme to Prevent and Reduce Child Labour for the period of 2016 – 2020. The Government also refers to various activities carried out within the framework of the Programme, including: (i) the development of guiding documents to implement the Law on child of 2016 regarding prevention and reduction of child labour; (ii) the awareness raising activities regarding children participating in economic activities, children at risk and child labour; (iii) capacity building activities and trainings for governmental officials, civil servants and social workers working in child protection and education at all levels ; and (iv) establishment of child protection systems in 43 out of 63 provinces. The Government also indicates that measures have been taken to ensure the monitoring, supervision and evaluation of the programme implementation at local level. Considering that the current Programme to Prevent and Reduce Child Labour expires in 2020, the Committee requests the Government to provide information on the evaluation of its implementation, as well as the results achieved in terms of the number of children withdrawn from child labour. It also requests the Government to indicate if a new Programme is planned and to provide a copy once adopted.

Article 8. Artistic performances. The Committee previously noted the Government’s information that Circular No. 11/2013/TT-BLDTHXH of June 2013 provides for a list of work activities in which children under 13 years of age may be employed, including work as actors, singers, dancers and athletes. The Committee therefore requested Government to indicate whether children under 13 years of age who participate in artistic and sport performances are allowed to do so following permits issued by the competent authority in individual cases.

The Committee notes that the Labour Code No. 45/2019/QH14 was adopted in November 2019 and will take effect from 1 January 2021. According to its section 145(3), the employment of children under 13 years of age in artistic and sport performances shall be permitted by the provincial labour authority. Section 145(4) further provides that the Minister of Labour, War Invalids and Social Affairs shall elaborate implementing regulations of section 145 regarding the employment of children under 15 years of age. The Committee requests the Government to provide information on any progress made regarding the development of implementing regulations concerning the employment of children under 13 years in artistic and sport performances. It also requests the Government to provide information on the application in practice of section 145(3) of the Labour Code of 2019, including the number of children who received permits from the provincial labour authority.