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

Worst Forms of Child Labour Convention, 1999 (No. 182) - Viet Nam (Ratification: 2000)

Article 3(b) of the Convention. Worst forms of child labour. Commercial sexual exploitation and use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. With regard to its previous comments, the Committee notes, from the Government’s report, that it considers that it is not necessary to amend section 147 of the Criminal Code which prohibits the persuading, enticing and forcing a person under 16 years of age to participate in a pornographic performance, to extend it to children under the age of 18 years. The Government explains that: (1) section 11 of the Youth Law 2020 provides that the State shall apply international treaties on the rights of the child to young persons aged 16 to 18 years; (2) under section 326 of the Criminal Code, which sets out penalties for the distribution of pornographic material, it is an aggravating factor to distribute pornographic material to persons under the age of 18 years; and (3) therefore the Government considers that the use, procuring or offering of a child aged 16 to 18 years for pornographic performances is already prohibited. In this regard, the Committee observes that while section 326 of the Criminal Code prohibits the distribution of pornographic material to children under the age of 18 years, it does not prohibit the use, procuring or offering of a child under 18 years for the production of pornography. In addition, it once again recalls that the lack of specific legislative provisions prohibiting child pornography is particularly problematic, especially in countries where this worst form of child labour is clearly present, and it emphasizes the importance of having a specific prohibition of this worst form of child labour for all children under the age of 18 years (see 2012 General Survey on the fundamental Conventions, paragraph 516).

The Committee further notes the general information provided by the Government on the measures taken to combat the commercial sexual exploitation of children, including: (1) the adoption of the Programme on protection and support for children’s safe and creative interaction online period 2021–25, to prevent and address any prohibited acts under the Law on Children 2016, including sexual abuse against a child; and (2) the adoption of the Prostitution Prevention Programme 2021–2025 with the goal of strengthening prevention and action against prostitution, with a particular focus on the prevention, early detection and protection of minors. The Committee notes, however, that the Government does not provide specific information on the measures taken to implement the above-mentioned programmes, nor on the results achieved.

The Committee further notes, from the concluding observations of the United Nations Committee on the Rights of the Child (CRC), the concerns about the high level of sexual exploitation and abuse of children, including through online sexual abuse material and in the context of prostitution, and the significant underreporting and investigation of such cases (CRC/C/VNM/CO/5-6, 21 October 2022, paragraph 29). The Committee once again strongly urges the Government to take the necessary measures to ensure that the use, procuring or offering of a child under 18 years for the production of pornography or for pornographic performances is expressly prohibited, by amending section 147 of the Criminal Code. It once again requests the Government to provide information on: (i) on any progress made to amend section 147 of the Criminal Code; (ii) the targeted measures undertaken to combat the commercial sexual exploitation of children under 18 years of age, including in the framework of the Programme on protection and support for children’s safe and creative interaction online period 2021–2025 and the Prostitution Prevention Programme 2021–2025; and (iii) the results achieved, by including statistical data on the number of persons arrested, prosecuted and sentenced for the commercial sexual exploitation of children under the age of 18 years, as well as the penalties imposed.

Article 7(2)(b). Effective and time-bound measures to provide assistance for the removal of children in the worst forms of child labour and for their rehabilitation and social integration. Child victims of commercial sexual exploitation. The Committee previously noted the adoption of Decree No. 56/2017/ND-CP to implement some provisions of the Law on Children 2016 regarding child abuse, including sexual abuse, and that the Decree provides that sexually abused children, are entitled to healthcare, social assistance, education and vocational training assistance, legal assistance, psychological counselling, and other child protection services. In response to the Committee’s request for clarification, the Government indicates that sexually abused children who are provided with psychological, social, health care, educational support and other protection services, are not victims of commercial sexual exploitation.

The Committee notes the Government’s indication that measures to prevent the commercial sexual exploitation of children were taken, including: (1) awareness-raising, dissemination, and education of laws on trafficking and commercial sexual exploitation; (2) use of the National Child Protection Hotline to receive and process information relating to claims and denunciation of violations of children’s rights; (3) development of 33 models of child-friendly investigation rooms at local police stations to resolve cases relating to children under 18 years; and (4) applying specialized professional processes in the investigation of cases where victims are sexual exploited, in accordance with Circular No. 43/2021/TT-BCA.

The Government further refers to the detection of: (1) three cases of commercial sexual exploitation in 2021; (2) three cases of using a child under the age of 16 years for pornographic purposes in 2022; and (3) five cases of commercial sexual exploitation relating to six victims in the first quarter of 2023. However, the Committee notes that the information provided does not specify the total number of child victims under the age of 18 years identified, nor does it provide information on the necessary and appropriate direct assistance for the removal of these children from this worst form of child labour and for their rehabilitation and social integration.

The Committee notes, from the 2022 Annual Report of UNICEF that efforts were made to enhance the capacity of the workforce in the social welfare, health and education sectors to provide better child protection services. Some 3,500 social welfare officers, teachers, health workers and NGO staff were trained in foundational knowledge and skills on gender-sensitive child protection, case management, child labour prevention, and mental health and psychosocial support, as well as Prevention of Sexual Abuse and Exploitation. However, the Committee notes, from the concluding observations of the CRC that, in relation to the sexual exploitation of children, it expressed concern about the insufficient professional capacity, including a shortage of professional social workers and child protection officers, and the lack of a multidisciplinary and child-sensitive approach to the provision of support to children who are victims of violence (CRC/C/VNM/CO/5-6, paragraph 29). The Committee requests the Government to take all the necessary measures to ensure that child victims of commercial sexual exploitation under the age of 18 years are provided with the necessary and appropriate direct assistance for their removal from this worst form of child labour and for their rehabilitation and social integration. In this regard, it requests the Government to provide specific information on the measures taken and the results achieved, including on the number of children identified as victims of commercial sexual exploitation and provided with assistance for their rehabilitation and social integration, through education, vocational training or jobs. Noting that the Government is silent on this point, the Committee once again requests the Government to take the necessary measures to ensure that children engaged in prostitution are treated as victims rather than offenders and therefore are not punished for their engagement in prostitution, and to provide information on any progress made or results achieved in this regard.

The Committee is raising other matters in a request addressed directly to the Government.