Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

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

Article 8 of the Convention. Artistic performances. The Committee notes, from the information provided in the Government’s report, the adoption of Circular No. 09/2020/TT-BLDTBXH, which regulates the issuance of authorizations for children under 15 years of age to participate in artistic and sports performances, in application of section 145(4) of the Labour Code 2019. The Government indicates that the Circular sets out that: (1) the Department of Labour, Invalids and Social Affairs (DOLISA) of each province/city shall deliver the authorization to work for children under 15 years; and (2) for the DOLISA to issue an authorization, it shall be satisfied that there is a parental authorization and that the child is enrolled and attending school. However, the Committee notes that the Government does not specify if the authorizations delivered by the DOLISA shall explicitly limit the number of hours during which and prescribe the conditions in which employment or work is allowed, in accordance with Article 8(2) of the Convention.

The Committee further notes the Government’s indication that, as of June 2023, no locality had received documents from agencies, organizations, cooperatives, households or individuals requesting the employment of children under 15 years in artistic and sports performance. The Committee requests the Government to: (i) provide a copy of Circular No. 09/2020/TT-BLDTBXH; (ii) indicate if, under the Circular, the individual authorizations relating to the participation of children under 15 years of age in artistic and sports performances granted by the DOLISA shall establish the conditions of employment of the child, including by limiting the number of hours of work, in accordance with Article 8(2) of the Convention; and (iii) continue to provide information on the application in practice of section 145(3) and (4) of the Labour Code of 2019, including the number of children who received permits from the DOLISA.