Demande directe (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Viet Nam (Ratification: 2000)

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee previously noted that section 252 of the Penal Code makes it an offence to entice or compel juveniles to commit criminal acts and section 253 provides penalties for any person who makes, duplicates, circulates, transports, sells, purchases or keeps for the purpose of disseminating any debauched cultural products, and if the act is committed against a juvenile, this amounts to an aggravated offence. It also noted that section 7(5) of the Law on Child Protection, Care and Education deals with offences related to abusing, seducing or forcing children into making, circulating, transporting or storing pornographic materials. Moreover, the Committee noted that Circular No. 21/2004/TTLT-BLDTBXH-BYT, which provided a list of workplaces and jobs prohibited to persons under 18 years of age, ensured that children under 18 years of age shall be protected from the production of pornographic products and sexual exploitation. The Committee notes the Government’s indication that depending on the nature and level of violations, those who use, procure or offer a child for the production of pornography or for pornographic performances shall be prosecuted under sections 253 and 116 (Obscenity against children) of the Penal Code.

Article 5. Monitoring mechanisms. Police. The Committee notes the Government’s indication that from 2006 to 2010 the police conducted 182,656 inspections of various establishments carrying out prostitution-related activities and discovered 68,249 establishments which were violating the provisions related to prostitution. It also notes the Government’s information that 37,130 financial sanctions amounting up to 103 billion Vietnamese Dong (VND) were imposed, 12,563 warnings were issued and the operations of 1,886 establishments were suspended while the business licences of 397 establishments were withdrawn. Furthermore, the police traced and investigated 6,109 prostitution cases against 19,443 persons, including 4,113 pimps and brokers, 9,067 prostitutes, and 6,263 clients.

Article 6. Programmes of action to eliminate the worst forms of child labour. National Plan of Action to Combat the Crime of Trafficking in Children and Women 2004–10. Following its previous comments, the Committee notes the Government’s information that during the implementation of this national action plan, 4008 victims of trafficking including 491 children were withdrawn from trafficking.

Programme of Action to Combat Prostitution for the period from 2011 to 2015. The Committee notes the Government’s indication that a Programme of Action to Combat Prostitution for the period from 2011 to 2015 has been approved by the Government through Decision No. 679/QD-TTg of 10 May 2011. It also notes the Government’s information that an Inter-sectoral Coordination Committee to Combat Prostitution has also been established with a view to enhancing the inter-sectoral coordination among ministries, central sectors and localities to combat prostitution. The Ministry of Labour, Invalids and Social Affairs (MOLISA) is the head of the inter-sectoral working group to combat prostitution which consists of 16 units from relevant ministries and sectors. The Committee requests the Government to provide information on the measures taken to combat the commercial sexual exploitation of children under 18 years by the Inter-sectoral Coordination Committee to Combat Prostitution. The Committee further requests the Government to provide information on the implementation of the Programme of Action to Combat Prostitution 2011–15, and the results achieved in terms of the number of children prevented and withdrawn from prostitution.

Support to the Design and Implementation of National Programmes on the Elimination of the Worst Forms of Child Labour. The Committee notes that with the assistance of the ILO–IPEC, the Government has initiated a project entitled “Support to the Design and Implementation of National Programmes on the Elimination of the Worst Forms of Child Labour” in 2010. The Committee notes that according to the ILO project report, this 48-month project aims to contribute to the prevention and progressive elimination of child labour in Vietnam. Its pilot direct action programmes are expected to reach 5,000 children and young people involved in the worst forms of child labour in five selected provinces and cities of Hanoi, Lao Cai, Ninh Binh, Quang Nam and Dong Nai. According to the ILO project report, this project will be implemented through four components:

• – Improving the national knowledge base on child labour and its worst forms;
• – Creating an enabling environment to eradicate the worst forms of child labour through institutional strengthening, capacity building and mainstreaming child labour issues into national policy frameworks;
• – Developing, implementing and documenting integrated models in five target provinces aimed at reducing the worst forms of child labour;
• – Advocacy, awareness raising, gender sensitivity and capacity building.

The Committee requests the Government to provide information on the implementation of the project of Support to the Design and Implementation of National Programmes on the Elimination of the Worst Forms of Child Labour, and the results achieved in terms of the number of children prevented and withdrawn from the worst forms of child labour.

National programme of action for children for the period 2001–10. Following its previous comments, the Committee notes the Government’s information that project 4 of this national programme which focused on preventing and dealing with the situation of children in hard and hazardous conditions and environment has been implemented in 40 provinces and the results achieved were as follows: a total of 6,440 children were withdrawn from hard and hazardous conditions and environments, out of which 1,546 were provided with vocational training, 4,440 children were provided with cultural and educational materials, and the remaining 454 children were provided with subsidies. About 800 children suffering from occupational diseases were provided with medical examinations and disease classification, and 55 children suffering from occupational accidents were provided with treatment and rehabilitation. Moreover, 1,400 households whose children had to work at an early age were provided loans of up to nearly VND1.5billon; 1,261 households were provided training in accessing production methods to increase their income; and 6,700 households were provided funds for acquiring income-generating skills. The Committee further notes with interest the Government’s statement that the number of children working in hazardous conditions and environment has declined from 68,000 in 2005 to 25,000 in 2010.

Article 7(2). Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. Access to free basic education. Following its previous comments, the Committee notes the Government’s indication that the net enrolment rate at the primary level was 96.95 per cent during the school year 2008–09 and 97.45 per cent during the school year 2009–10. The Government’s report further indicated that the drop-out rates at the primary level decreased from 0.32 per cent in 2008–09 to 0.24 per cent in 2009–10 and to 0.10 per cent in early 2010–11.

Clauses (a) and (b). Prevent the engagement of children in the worst forms of child labour and provide assistance for their removal and for their rehabilitation and social integration. Child victims of trafficking. Following its previous comments, the Committee notes the Government’s information that as of 2010, 3,190 women and child victims of trafficking returned from abroad, of which 60 per cent of them returned by themselves, 25 per cent were rescued and 15 per cent were officially handed over. Of the total victims returned, 1,037 victims received financial assistance for vocational training and the rest were provided with medical, psychological and social assistance. The Government further states that 63 provinces and cities have set up Victim Supporting Centres for victims of trafficking. In addition, Peace Houses sponsored by the International Organization of Migration and Alliance Anti Trafficking International along with the Action for Women in Distress (AAT-AFESIP) in Ho Chi Minh City, Can Tho City and Au Giang province provided victims in disadvantaged situations with shelter, food, medical, social and psychological assistance and access to education, and vocational training according to the needs of the victims. The Committee requests the Government to provide information on the number of child victims of trafficking who have been provided with assistance and education or vocational training by the Victim Support Centres as well as by the Peace Houses.

Child prostitution. Following its previous comments, the Committee notes the Government’s indication that over the last five years about 18,778 victims of sexual exploitation were provided with assistance, of which 12,812 victims were provided with vocational training and jobs and others were accommodated in the rehabilitation centres. The Committee also notes the Government’s statement that as a result of the continued efforts several localities such as Hanoi, Ho Chi Minh City, Quang Ninh, Ba Ria-Vung Tau, Can Tho, Tay Ninh, Dong Thap and Dong Nai have rooted out many rings and nests of prostitution on a big scale. The Committee requests the Government to indicate the number of child victims of prostitution under 18 years who have been provided with assistance and vocational training or jobs.

Clause (d). Identify and reach out to children at special risk. Street children. The Committee notes the Government’s information that project 2 under the National Programme of Action for the Prevention and Elimination of Street Children, Child Victims of Sexual Abuse and Children in Hazardous and Dangerous Work (2004–10) to combat the situation of street children has been implemented in 38 provinces and cities. It also notes the Government’s information that a supplementary project to support street children was also carried out in 81 communes/wards/townships of 33 districts for six years from 2004 to 2007 and 2009 to 2012. The Committee notes the Government’s indication that although the number of street children declined considerably from 2003 to 2007, there was an increase in 2008 partly due to the economic recession and high inflation. However, since 2009, the incidence of street children has started to decrease from 28,528 in 2008 to 21,208 in 2010. The Committee further takes note from the Government’s report that during the period from 2004 to 2010, 28,746 street children were reunited with their families; 4,888 street children were provided with financial assistance; 5,869 street children were provided with education; 5,622 street children were provided with vocational training and job opportunities; and more than 7,000 families of street children were provided with funds to develop household business. The Committee notes the Government’s information that provinces and cities have steered their measures to invest in preventing and supporting street children. The Committee requests the Government to continue taking measures to protect street children from the worst forms of child labour and to provide for their rehabilitation and social integration.

Parts III and V of the report form. Court decisions and application of the Convention in practice. The Committee notes the Government’s indication that the People’s Procurers responsible for prosecutions and legal matters at the local level have prosecuted a total of 3,455 cases of crimes related to prostitution against 4,585 persons, while the People’s Court prosecuted 3,884 cases involving 5,345 persons, of which 178 persons were accused of buying juvenile sex. The Committee notes that according to the data provided by the Government in its report under Convention No. 138, 53 enterprises employing a total of 496 young persons out of which 33 children were under the age of 16 years, were inspected in 2009, including seven children working in hazardous and dangerous conditions. In 2010, 46 enterprises employing a total of 101 young persons, out of which 20 children were under the age of 16 years, were inspected. 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 sea-grass 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 requests the Government to continue providing statistical information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties applied. To the extent possible, all information should be disaggregated by sex and age.