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

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

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

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

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

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

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 had previously noted that sections 252 and 253 of the Penal Code make it an offence to entice or compel juveniles to commit criminal acts and to disseminate pornographic material. It had also noted the Government’s statement that Circular No. 21/2004/TTLT-BLDTBXH-BYT, which provided a list of workplaces and jobs in which persons under 18 years may not be employed, ensured that children under 18 years are protected from the production of pornographic products, sexual exploitation and prostitution. Observing that the above circular did not apply to the use, procuring or offering of a child for the production of pornography or for pornographic performances, the Committee had requested the Government to take the necessary measures to prohibit the use, procuring or offering of a child under 18 for the production of pornography or for pornographic performances and to adopt corresponding sanctions.

The Committee notes the Government’s statement that section 7(5) of the Law on Child Protection, Care and Education, 2004 prohibits the use, procuring or offering of a child for prostitution and for the production and circulation of pornography or violent products. The Committee notes, however, that this prohibition under section 7(5) concerns the offences of seducing or forcing children to buy, sell or use violence-provoking products or making, circulating, transporting or storing pornographic materials. The Committee further notes that the Committee on the Rights of the Child, in its Concluding Observations to the Government report under the Optional Protocol to the Convention on the Rights of the Child on the Sale of children, Child prostitution and Child pornography (CRC/C/OPSc/VNM/CO/1, 17 October 2006, paragraph 10) expressed concern that there are no provisions explicitly defining and sufficiently criminalizing child pornography. The Committee therefore once again requests the Government to take the necessary measures to prohibit the use, procuring or offering of a child under 18 years for the production of pornography or for pornographic performances.

Article 5. Monitoring mechanisms. Labour inspectors. The Committee notes that according to the statistical information provided by the Government in its report under Convention No. 138, in 2007, labour inspections were conducted in 68 enterprises and out of a total of 12,508 workers, 67 were between the ages of 16 and 18 years. In 2008, 72 enterprises were inspected, and out of a total of 34,225 workers, 298 were between the ages of 16 and 18 years. It also notes the Government’s statement that the juvenile workers were mainly employed in low-skilled manual jobs in garment, leather or woodwork manufacturing enterprises. It notes the Government’s information that according to the provincial labour inspection reports, there were 3,436 children working in places far away from their homes. The Government further states that the country has an efficient and effective child labour monitoring mechanism with appropriate intervention and interdisciplinary initiatives to rescue children from hazardous working conditions and support their social integration. Moreover, the treatment and rehabilitation of child victims of occupational accidents and diseases are being provided for children in the provinces of Vinh Phuc and Bac Giang. The Committee requests the Government to provide information on the number of children rescued from hazardous working conditions by the labour inspectorate. It also requests it to indicate the number of child victims of occupational accidents and diseases who have been treated and rehabilitated in the provinces of Vinh Phuc and Bac Giang.

Article 6. Programmes of action to eliminate the worst forms of child labour. 1. National Programme of Action for Children for the period 2001–10. The Committee had previously noted the adoption of a National Programme of Action for Children for the period 2001–10. It had also noted several other action programmes implemented by the Government, in particular, Decision No. 19/2004/QD-TTg, approving 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, which aimed to reduce the worst forms of child labour by 90 per cent by the year 2010. The Committee notes the Government’s information that within the framework of this national programme, it is currently implementing project 4 on preventing and dealing with the situation of children in hard and hazardous conditions and environments with the following results:

–      developing and consolidating child labour legislation, which included a survey of hazardous types of works prohibited to young persons, the results of which indicated the need to revise and extend the list of types of hazardous work prohibited to young persons;

–      increasing the quantity and quality of support services to children in poor households through the provision of school books and studying tools and embroidery training (579 children benefited through this programme);

–      developing and piloting job creating and income-generating activities for parents (979 poor households benefited through training workshops);

–      a programme combining education with vocational training for disadvantaged children (324 children benefited);

–      developing child labour inspection procedures, and conducting training courses for labour inspectors in 56 provinces.

The Committee requests the Government to continue providing information on the results achieved, in terms of the number of children prevented or withdrawn from hazardous occupations and environments, through the implementation of project 4 on preventing and dealing with the situation of children in hard and hazardous conditions and environments, as well as other national programmes implemented by the Government for the elimination of the worst forms of child labour.

2. Trafficking of children. The Committee had previously noted that the Government had approved a National Plan of Action to Combat the Crime of Trafficking in Children and Women for the period 2004–10 which forms a part of, and contributes to, achieving the goals set out in the National Programme of Action for Children, 2001–10. The Committee notes the Government’s information that the above National Action Plan aims to organize mass awareness programmes and other actions at different levels in order to prevent and reduce the incidence of trafficking of women and children by 2010. It also notes that the Government adopted Decision No. 17/2007/QD-TTg on the issuance of a Regulation on the receipt, support and assistance for the social integration of women and children who are victims of trafficking. This regulation sets up the legal framework for the procedures, policies and mechanisms for the rehabilitation and social integration of women and child victims of trafficking and the responsibilities of competent agencies in providing such support to victims of human trafficking.

The Committee further notes the Government’s statement that several other legislative documents to implement the provisions of Regulation No. 17/2007 have been adopted including: (i) the Official Note No. 1195/LDTBXH-PCTNXH, April 2007 requesting the border-line cities of Quang Ninh, Lang Son, Lao Cai, Tay Ninh, An Giang and Dong Thap to review the arrangements, budget allocation and establishment of units responsible for receiving and supporting the victims of trafficking; and enhancing and building the capacity of the staff to deal with victims of trafficking; (ii) Joint Circular No. 116/220/TTLT-BTC-BLDTBXH, September 2007, providing detailed guidance on the payments to be made relating to receiving and supporting the social integration of victims of trafficking returning from abroad; (iii) the Official note No. 255/LDTBXH-PCTNXH, July 2007, to conduct surveys for collecting statistics on the number of trafficked victims returning from abroad and such other information in order to develop a plan for their support and social integration; and (iv) Circular No. 05/2009/TT-BLDTBXH, February 2009, providing guidance for the organization and activities of Victim Supporting Centres in line with Decision No. 17/2007. The Committee requests the Government to provide information on the results achieved in terms of the number of children withdrawn and prevented from trafficking, pursuant to the implementation of the National Plan of Action to Combat the Crime of Trafficking in Children and Women for the period 2004–10. It also requests the Government to indicate the number of Victim Supporting Centres established in the provinces, and the number of child victims of trafficking who have been rehabilitated in such centres. 

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. Ensuring access to free basic education. Following its previous comments, the Committee notes the Government’s statement that the proportion of children attending primary and secondary schools has increased and the number of school drop-outs and repeaters has decreased. It notes the Government’s indication that, in
2007–08, 96.06 per cent of children attended primary school, while 82.69 per cent of children attended secondary school. It further notes the Government’s statement that, in 2008, the universal primary education standard was implemented in 42 out of the 63 provinces and the universal secondary education standard was implemented in more than 30 provinces. The Committee encourages the Government to pursue its efforts to increase school attendance rates and reduce school drop-out rates so as to prevent the engagement of children in the worst forms of child labour. It requests the Government to continue to provide updated statistical information on primary school attendance and drop-out rates.

Clauses (a) and (b). Prevent the engagement of children in the worst forms of child labour and providing assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. 1. Child victims of trafficking. The Committee had previously noted that the MOLISA, together with the Ministry of Defence, had drafted a project on receiving, supporting and rehabilitating trafficked women and children from overseas. It had also noted that the Government took the necessary measures for the social reintegration of the victims of cross-border trafficking. The Committee notes the Government’s statement that pursuant to the implementation of the above measures, until January 2009, 2,679 women and child victims of trafficking returned from overseas, of which 60 per cent returned by themselves, 25 per cent were rescued and 15 per cent were officially handed over. It further notes the Government’s indication that 80 per cent of these victims were provided with lodging, psychological counselling and primary health care, as well as allowances for travelling and meals; 60 per cent of the victims received legal assistance, health care, vocational training, employment and education. The Committee requests the Government to indicate how many, among the total number of victims of trafficking who have been reintegrated were children under the age of 18 years. It also requests the Government to continue providing information on the number of child victims of trafficking who have been socially integrated.

2. Child prostitution. The Committee had previously noted the Government’s information that it had developed and issued a number of decrees pertaining to the prevention of prostitution. The Committee notes the Government’s information that the national programme on the prevention of prostitution is being implemented with special emphasis on the education, treatment and rehabilitation of targeted groups. At the local level, social security policies including poverty-reduction measures, low-interest loans, employment creation, educational support for vulnerable children and measures to support the various needs to stabilize the life of reformed prostitutes have been undertaken to combat prostitution. The Committee also notes the Government’s statement that, in 2008, 527 child prostitutes were provided with treatment, education and social integration support. The Committee further notes that the Committee on the Rights of the Child, in its Concluding Observations to the Government report under the Optional Protocol to the Convention on the Rights of the Child
on the Sale of children, Child prostitution and Child pornography (CRC/C/OPSc/VNM/CO/1, 17 October 2006, paragraph 16) expressed concern at the increasing number of children involved in prostitution and sex tourism and at the fact that at least 10 per cent of sex workers in the country are believed to be children. The Committee requests the Government to redouble its efforts to prevent the engagement of children in prostitution and to indicate the results achieved. It also requests the Government to take the necessary measures to prevent the involvement of children in sex tourism and to provide information on the measures taken in this regard. It further requests the Government to continue providing statistical information on the number of children under 18 years who are in practice removed from prostitution and rehabilitated.

Clause (d). Identify and reach out to children at special risk. Street children. The Committee notes the Government’s indication that within the framework of 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), 5,967 street children were reintegrated with their families and provided with education, while their families were provided with preferential loans: 6,429 street children were reintegrated with their families and provided with financial assistance; and 4,673 street children were provided with vocational training and employment opportunities. The Committee requests the Government to continue providing statistical data, on the number of street children withdrawn and rehabilitated pursuant to 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).

Part III of the report form. Court decisions. The Committee notes the Government’s indication that, in 2008, four cases of commercial sexual exploitation of children were registered in the courts involving two children between the ages of 16 and 18 years, and 48 cases of child trafficking involving 104 criminals, out of which 45 cases involving three children between the ages of 16 and 18 years were settled. The Committee requests the Government to continue providing information on court decisions on cases relating to the worst forms of child labour, and on the penalties imposed.

Part V of the report form. Application of the Convention in practice. The Committee notes the Government’s statement that child labour in the country has diminished due to the several programmes and policies implemented by the Government and through the National Programme of Action for Children,
2004–10. The Committee requests the Government to provide information, including extracts from inspection reports, studies and inquiries and statistical data 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.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the Government’s report. It requests the Government to supply information on the following points.

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 had previously noted sections 252 and 253 of the Penal Code which punish as criminal offences: enticing or compelling juveniles into criminal activities; and disseminating pornographic material, respectively. It had also noted the Government’s information that measures were taken to ensure that children aged under 18 are not employed in pornographic productions or obscene performances through prohibiting the importation of pornographic films and pictures, and issuing a circular prohibiting the admission of persons under 15 years to employment in restaurants. The Committee considered that the above measures did not appear to prohibit the use, procuring or offering of a child under 18 years for the production of pornography or for pornographic performances. The Committee notes the Government’s information that the Ministry of Labour Invalids and Social Affairs (MOLISA) issued Circular No. 21/2004/TTLT-BLDTBXH-BYT providing a list of workplaces and jobs in which persons under 18 years shall not be employed especially service providing places where children may be vulnerable to prostitution. According to the Government, this circular ensures that children under 18 years are protected from the production of pornographic products, sexual exploitation and prostitution. The Committee observes, however, that the above Circular does not seem to apply to the use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee recalls that by virtue of Article 3(b) of the Convention, such activities are considered to one of the worst forms of child labour and that, under the terms of Article 1 of the Convention, each Member which ratifies the Convention shall take immediate and effective measures to secure the prohibition and elimination of the worst form of child labour as a matter of urgency. It once again requests the Government to take the necessary measures to prohibit the use, procuring or offering of a child under 18 for the production of pornography or for pornographic performances and to adopt corresponding sanctions.

Clause (d). Hazardous work. Self-employed workers. Noting that the Labour Code applies to work on the basis of an employment contract, thereby not covering self-employed workers, the Committee had requested the Government to indicate the measures taken or envisaged to ensure the protection of self-employed workers under 18 years of age from hazardous work. The Committee notes the Government’s information under Convention No. 138 that the protection of children engaged in economic activities, including self-employment is stipulated in the Criminal Code (section 228) which states that persons using children in heavy or dangerous work or in a working environment exposed to hazardous substances shall be punished. It also notes that according to section 7 of the Law on protection, care and education, the abuse of child labour, using children in hard and dangerous jobs or in a working environment exposed to toxic substances and other jobs in contravention with the provisions of the Labour Law are prohibited acts.

Article 5. Monitoring mechanisms. 1. Labour inspectors and MOLISA. Following its previous comments, the Committee notes the Government’s information that the inter-ministerial inspection team established by MOLISA and the Inspectorate Department of the National Commission on Population and Children conducted inspections in nine provinces in 2006. Out of the 39 enterprises inspected, 26 enterprises were found to have employed a total of 1,012 junior workers. The Committee requests the Government to continue providing information, particularly the number and nature of violations detected involving children and young persons involved in the worst forms of child labour.

2. Occupational health and safety inspectors. According to the Government’s information, the number of enterprises inspected by the occupational safety and health inspectors had increased from 2,739 enterprises in 2005 to 5,292 enterprises in 2006. The Committee notes the Government’s information that at present, there is no statistical information on the types of hazardous work that juvenile workers are engaged in and the number of infringements. The Committee once again requests the Government to provide information on the findings of the inspections carried out by the occupational health and safety inspectors with regard to the types of hazardous work performed by children and the number of infringements reported, including in the informal sector.

Article 6. Programmes of action to eliminate the worst forms of child labour. 1. National Programme of Action for Children for the period 2001–10. The Committee had previously noted that the Government adopted in 2001 a National Programme of Action for Children for the period 2001–10. The Committee notes the information contained in the Government’s report submitted under Convention No. 138 concerning the policies, legislative amendments and supplementary legislation adopted by the Government within the framework of the National Programme for the welfare and protection of children. It notes that the Government adopted decision No. 19/2004/QD-TTg approving a programme on preventing and solving the problem of street children, sexually abused children, and children in hazardous working environment for the period 2004–10; decision No. 65/2005/QD-TTg approving the project on caring and protecting orphaned, homeless, abandoned, exposed to toxic substances, and HIV-infected children for the period 2005–10; decision No. 53/2006/ND-CP for protecting children found to be in special situations; and decision No. 38/2004/QD-TTg on providing financial support to families and individuals who adopt orphans and abandoned children. It also notes that the issue of child protection has been integrated into the national socio-economic development plans with the goal that 90 per cent of children in special situations will be cared for and supported by 2010. All these efforts have led to an increased number of children cared for and protected, for example: 55.3 per cent of the total number of orphans and 25 per cent of children with disabilities are being taken care of and are provided with free education; and 66 per cent of street children are monitored and cared for. The Committee notes from the ILO/IPEC Progress Report 2005, on the National Programme for the Prevention and Elimination of Child Labour that decision No. 19/2004/QD-TTg on 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 aims to reduce the worst forms of child labour by 90 per cent by the year 2010. The Committee requests the Government to continue providing information on the results of the programmes of action established within the framework of the National Programme of Action for Children, particularly with regard to the elimination of the worst forms of child labour.

2. Trafficking of children. The Committee notes that the Government approved a National Plan of Action to Combat the Crime of Trafficking in Children and Women for the period 2004–10 which forms a part of, and contributes to, achieving the goals set out in the National Programme of Action for Children, 2001–10. It notes the information provided by the Government on the following measures taken to eliminate trafficking, which includes: disseminating information, educating and promoting public participation in detecting, preventing and combating trafficking in children; strengthening the capacity and providing training for the staff responsible for preventing and combating trafficking; implementing international cooperation activities; providing education, job opportunities and social rehabilitation for the victims of trafficking in women and children. Furthermore, a National Steering Committee (NSC) consisting of representatives from 16 related ministries and agencies was established to advise the Government in directing and coordinating activities to prevent and combat trafficking. The NSC has so far coordinated and implemented four projects in this regard. The Committee requests the Government to provide information on the impact of the National Plan of Action to Combat the Crime of Trafficking in Children and Women and the projects implemented by the National Steering Committee on combating trafficking of children, and results achieved. It requests the Government to provide information on the number of child victims of trafficking who had been removed and rehabilitated.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. 1. Child prostitution. The Committee notes the Government’s information that it has developed and issued a number of decrees pertaining to the prevention of prostitution; such as Decree No. 178/2004/ND-CP and Direction No. 25/2003/CT‑TTg on the implementation of the Ordinance on prostitution; and decision No. 52/2006/QD-TTg on approving the inter-sectoral cooperation programme for the prevention of prostitution, 2006–10. The Committee notes that about 13,000 women’s union clubs, and 4,973 youth clubs function all over the country for the prevention of social evils, including prostitution. According to the statistics available, there are 4,000 communes across the country which are free from drug abuse and prostitution, accounting for 80 per cent of the prostitution-hit communes. The Committee also notes the Government’s information that during the last five-year period, a total of 25,420 persons have been withdrawn from prostitution, out of which 17,948 persons were treated at rehabilitation centres. Out of the total number of persons rehabilitated, 10,001 people received vocational training, and 3,468 people received funds for community rehabilitation. The Committee encourages the Government to pursue its efforts to prevent the engagement of children in prostitution and to indicate the results achieved. It further requests the Government to provide statistical information on the number of children under 18 years who are in practice removed from prostitution and rehabilitated.

2. Ensuring access to free basic education. The Committee notes the statistical data provided by the Government on school enrolment rates and drop‑out rates. According to this data, enrolment rates in primary school have decreased from 177,96998 in 2003 to 172,46299 in 2005, and 167,57129 in 2006, and drop-out rates increased from 3.13 per cent in 2003 to 2.63 per cent in 2005 and 3.83 per cent in 2006. Within the framework of the National Programme of Action for Children, the Committee encourages the Government to pursue its efforts to increase school attendance rates and reduce school drop-out rates so as to prevent the engagement of children in the worst forms of child labour. It requests the Government to continue to provide updated statistical information on primary school attendance and drop-out rates.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Child victims of trafficking and prostitution. The Committee had previously noted that the MOLISA, together with the Ministry of Defence, had drafted a project on receiving, supporting and rehabilitating trafficked women and children from overseas. The Committee notes the Government’s information that under this project, MOLISA conducted surveys on receiving and supporting trafficked women and children, coordinated with relevant agencies and international organizations (IOM, UNICEF), to hold conferences and training courses on how to identify victims and on the procedures for rehabilitating them. During the period from 2005 to 2006, the MOLISA, in coordination with the border soldiers and the local authorities, received 1,280 trafficked women and children from overseas. The Committee further notes that the Government took the necessary measures for the social reintegration of the above victims of cross-border trafficking. In addition, the Department of Labour, Invalids and Social Affairs (DOLISA) in coordination with other agencies like the Women’s Union, Committee of Population, Family and Children, and the Centre for Legal Support, provided the following assistance to victims of internal trafficking withdrawn from localities or communes: psychological assistance to 91 persons, vocational training for seven persons, medical examination for 16 persons, financial assistance for ten persons, free tailoring and computing classes for 650 poor and vulnerable women and children, and job opportunities for 1,882 persons. The Committee requests the Government to continue providing information, in particular on the number of child victims of trafficking and prostitution who have been withdrawn and rehabilitated pursuant to the project on receiving and supporting trafficked women and children initiated by MOLISA.

Clause (d). Identify and reach out to children at special risk. Street children and children in hazardous work environments. The Committee had previously noted that MOLISA, in collaboration with the ILO, implemented in 2004 the Programme on Preventing and Rehabilitating Working Children in Hazardous Working Environments. Following its previous comments, the Committee notes the Government’s indication that statistics on the number of street children and children working in hazardous working environments are not yet available and that such information will be provided in its later reports. The Committee also notes the Government’s information under Convention No. 138 that pursuant to decision No. 19/2004/QD-TTg on approving the “Programme on preventing and dealing with the situation of street children, sexually abused, and children working in hazardous conditions for the period from 2004 to 2010”, the Committee of Population, Family and Children along with MOLISA launched a project named “Preventing and dealing with the situation of children in hard and hazardous conditions”. This project focuses on redoubling educational measures, developing intervention policies supporting children working in hard and hazardous conditions to have suitable work; and improving child labour monitoring systems. The Committee requests the Government to provide information, including statistical data, on the results achieved by the “Programme on preventing and dealing with the situation of street children, sexually abused, and children working in hazardous conditions” and the “Programme on preventing and rehabilitating working children in hazardous working environments”.

Part III of the report form. The Committee notes the Government’s information that, according to the report from competent authorities in 2005 and up to mid-2006, there were 366 cases relating to trafficking of women and children with 608 persons arrested. Out of the total number of cases, 223 were sent to court and 161 cases primary trials were under way with 289 defendants. Regarding the offences related to prostitution, the Committee notes that by the end of June 2005, 5,123 cases involving 6,879 arrested persons were investigated and prosecutions were initiated; and 4,656 cases primary trials were under way with 6221 defendants. The Committee requests the Government to specify how many of these cases and court decisions are related to children under 18 involved in the worst forms of child labour.

Part V of the report form. Application of the Convention in practice. The Committee notes the statistical data provided by the Government on the results of the inspections conducted in the service-providing establishments of over 50 provinces. According to this data, by the end of June 2005, 150,739 service-providing establishments were inspected, out of which 42,750 establishments had infringements which, compared to the 1998–2000 reports, were reduced by 20 per cent. Financial sanctions (total amount of VND248 billion (dong)) were imposed on 25,332 establishments, and warnings given to 18,554 establishments. Among the establishments inspected, about 2 to 3 per cent of them were forced to stop their business and had their business licence withdrawn. It also notes that the police discovered 6,084 cases relating to prostitution and captured a total of 26,511 people. Moreover, the border guard officers detected 270 trans-border prostitution cases, capturing 671 people. The Committee requests the Government to continue providing information, including extracts from inspection reports, studies and inquiries and statistical data 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.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Article 3. Worst forms of child labour. Clause (a). All forms of slavery or similar to slavery. 1. Sale and trafficking of children. In its previous comments, the Committee had observed that the sale and trafficking of children is prohibited under various provisions: sections 1 and 8 of the Law on Protection, Care and Education of Children (trading and swapping of children); section 135(c)(1) of the Labour Code (illegal recruitment and sending of workers abroad); sections 119 (trafficking in women) and 120 (trading in, fraudulently exchanging or appropriating children in any form) of the Penal Code. It had also noted that the Penal Code does not contain a definition of a “child” and accordingly requested the Government to clearly specify the age definition of “children” covered by section 120 of the Penal Code. The Committee notes the Government’s information that children under section 120 of the Penal Code should be understood as those who are between 14 years and 18 years of age.

2. Compulsory recruitment of children for use in armed conflict. The Committee had previously noted that, according to section 7 of Decree No. 83/2001/ND-CP of 2001 on military service registration, male citizens aged between 17 and 45 years (and women aged between 18 and 40 years having professional skills in necessary service) are subject to military service. It had requested the Government to take the necessary measures to ensure that boys are not compelled to register for military service before they reach 18 years. The Committee notes the Government’s information that section 7 of Decree No. 83/2001/ND-CP of 2001 on registration for military service is not intended to force persons of 17 years to enter military service, but merely to require them to register for ease of monitoring by the local authority in preparation for entering the service at 18 years.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee had previously noted that sections 254, 255 and 256 of the Penal Code respectively punish: harbouring prostitutes; procuring prostitutes; and paying to have sexual intercourse with children aged between 13 and 16 years. The Committee notes that section 256(1) establishes that “those who have paid sexual intercourse with juveniles aged between 16 years and under 18 years shall be sentenced to between one and five years of imprisonment”.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee had previously noted that sections 252 and 253, respectively, of the Penal Code punish as criminal offences: enticing or compelling juveniles into criminal activities; and disseminating pornographic material. However, it had noted that the provisions of the Penal Code did not appear to prohibit the use, procuring or offering of a child for the production of pornography or for pornographic performances. It had accordingly requested the Government to provide information on the measures taken or envisaged to ensure that children under 18 years of age are not used for the production or pornography or for pornographic performances. The Committee notes the Government’s information that measures are taken to ensure that children aged under 18 shall not be employed in pornographic productions or obscene performances through: (a) prohibiting the importation of pornographic films and pictures; (b) issuing a circular on prohibiting the admission of persons aged under 15 into employment in restaurants. The Committee considers that these measures do not seem sufficient to prohibit the use, procuring or offering of a child under 18 years for the production of pornography or for pornographic performances. On this point, the Committee once again requests the Government to provide information on any developments in adopting measures to effectively ensure that children under 18 years of age are not used for the production of pornography or pornographic performances.

Clause (d). Hazardous work. Self-employed workers. The Committee had previously noted that, according to section 121 of the Labour Code, it is prohibited to employ a person under 18 in heavy or dangerous work. It had noted, however, that the Labour Code only applies to work on the basis of an employment contract and, consequently, self-employed workers do not benefit from the protection laid down in the Labour Code. On this point, the Committee had also noted the Government’s information that it shall regulate the situation of children working in the informal sector. Noting the absence of information on this point, the Committee once again requests the Government to indicate the measures taken or envisaged to ensure the protection of self-employed workers under 18 years of age from work which, by its nature and circumstances in which it is carried out, is likely to harm their health, safety or morals.

Article 4, paragraphs 2 and 3. Identification of hazardous work and periodic examination of the list of hazardous work. Following its previous comments, the Committee notes the Government’s information that at present Viet Nam is expediting the project of surveying job titles, hazardous or toxic work affecting minor workers in order to update the list of types of work for which no admission of minor workers is allowed. On the basis of this survey, the Government will move towards amending and supplementing the list of types of hazardous work. The Committee requests the Government to provide information on the results of the survey on hazardous work. It also requests the Government to provide information on any revision of the list of the types of hazardous work following the hazardous child labour survey.

Article 5. Monitoring mechanisms. 1. Labour inspectors and MOLISA. Following its previous comments, the Committee notes the Government’s information that the Ministry of Labour, Invalids and Social Affairs (hereinafter MOLISA) and the National Commission on Population and Children have jointly established interministerial teams to conduct thematic reviews and inspections on the implementation of the law in undertakings, enterprises and workplaces where contractual workers are being employed, particularly where child workers are employed. The Committee requests the Government to continue providing information on the findings of inspections carried out by teams established by MOLISA and the National Commission on Population and Children, regarding children involved in the worst forms of child labour.

2. Occupational health and safety inspectors. In its previous comments, the Committee had asked the Government to provide information on the activities of the occupational health and safety inspectors and their findings with regard to the types of hazardous work performed and the number of infringements reported. It had also observed that the Committee on the Rights of the Child (CRC/C/15/Add.200, 18 March 2003, paragraph 51), expressed its concern over the widespread existence of the economic exploitation of children in the agricultural sector as well as in gold mines and timber operations. The Committee notes the Government’s information that, at present, there are no statistical figures on children aged under 18 years working in hazardous conditions. The Committee encourages the Government to strengthen the role of occupational health and safety inspectors and requests it once again to provide information on their findings, with regard to the types of hazardous work performed by children and the number of infringements reported, including in the informal sector.

3. Organizations of employers and workers. Following its previous comments, the Committee notes the Government’s information that the Viet Nam General Confederation of Labour, the Viet Nam Chamber of Commerce and Industry, and the Viet Nam Cooperative Alliance have conducted the following activities related to the due implementation of provisions on child labour: (a) joining with relevant agencies in inspecting and supervising the recruitment and employment of persons aged under 18 years in the worst forms of child labour; and (b) disseminating and educating the public on legislation and Convention No. 182. The Committee takes due note of this information.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee had previously noted that MOLISA is developing a plan of action to implement Convention No. 182 which was scheduled to be submitted for the Government’s review towards the end of 2002. It had also noted that a National Programme of Action for Children was launched in 2001, with the objective of creating the optimum conditions to fully meet the needs and basic rights of children. The Committee notes the Government’s information that it has adopted numerous programmes to come to a final consensual target of eliminating all worst forms of child labour. With these programmes far from ending, there has been no evaluation report and MOLISA has not evaluated and reviewed the implementation of Convention No. 182 over the past three years. The Committee requests the Government to provide information on the implementation of the National Programme of Action for Children and the abovementioned programmes and the results achieved. It further requests the Government to provide information on any development in the process of reviewing the implementation of Convention No. 182 by MOLISA.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. Child prostitution. The Committee had previously noted that the Government launched in 2001 a four-year National Plan of Action to Prevent and Combat Prostitution. One of the main objectives of this programme is to reduce the number of sexually exploited children. The Committee had also observed that, according to the ILO/IPEC Rapid Assessment on Child Prostitution in Hanoi, Hai Phong, Ho Chi Minh City and Can Tho of 2003, 37 per cent of prostitutes are children under 18 years of age and the ratio of children in prostitution is believed to be steadily increasing. The Committee notes the Government’s information that the Department on Social Evil Prevention of MOLISA is currently expediting the project on preventing prostitution. It also notes the Government’s information that, in order to restrict the adverse impacts on the physical, mental and personal development of children under 18 years of age, MOLISA issued Inter-ministerial Circular No. 21/2004/TTLB of 9 December 2004. This Circular contains guidance for the drafting of a list of posts and work in prostitution-prone service sectors for which no admission of workers under 18 years of age is allowed. The Committee requests the Government to provide information on the results achieved by the National Plan of Action to Prevent and Combat Prostitution and the other initiatives launched by MOLISA, as well as their impact on preventing children under 18 years from being involved in prostitution.

2. Trafficking of children. The Committee had previously noted that the National Programme of Action for Children of 2001, amongst others, aims at reducing the number of child victims of trafficking. It had also noted that one of the objectives of the National Plan of Action to Prevent and Combat Prostitution is to ward off the trafficking of children for sexual exploitation. The Committee notes the Government’s information that measures have been taken to enhance public awareness on child trafficking on a nationwide scale. The Committee requests the Government to continue providing information on the concrete measures taken to prevent the trafficking of children under 18 years and results achieved.

3. Ensuring access to free basic education. Following its previous comments, the Committee notes the Government’s information that the National Programme of Action for Children focuses on improving accessibility to primary education quality in rural areas under the new Law on Education, giving free education to primary school children. It notes that, according to the Government, statistics are not yet available. The Committee requests the Government to provide statistical data on the enrolment and drop-out rates in schools in rural areas, following the implementation of the National Programme of Action for Children, as soon as it becomes available.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Child victims of trafficking and prostitution. Following its previous comments, the Committee notes the Government’s information that the National Committee for Preventing and Combating AIDS, Drug Abuse and Prostitution, with regard to persons under 18 years of age, has conducted the following activities: (a) partially making them recognize the adversity of drug use and AIDS; and (b) sending them to education, reformatory and rehabilitation schools. The Committee further notes that a Project on Preventing and Addressing Sexually Abused Children on a nationwide scale has been launched with the aim of preventing and gradually reducing the number of sexually abused children by 2010, giving them a protective and supportive environment. It also notes the Government’s information that MOLISA is currently coordinating with the General Department of Staff under the Ministry of Defence to draft a project on receiving and supporting trafficked women and children returning from overseas in 2005-10. The Committee requests the Government to continue providing information on the results achieved under the abovementioned projects aimed at providing for the rehabilitation and social integration of child victims of trafficking and prostitution.

Clause (d). Identify and reach out to children at special risk. Street children and children in hazardous work environments. The Committee notes the Government’s information that MOLISA, in collaboration with the ILO, launched the Programme on Preventing and Rehabilitating Working Children in hazardous working environments, which has been implemented since early 2004. It notes the Government’s information that at present no statistical figures are available on the number of children who are working in hazardous working environments. It notes the Government’s information that under this Programme about 1,000 street children and 750 under age children in hazardous working environments have been assisted. The Committee also notes that, according to the Government, street children have been reduced from 21,000 to approximately 16,000. However, it notes the Government’s information that the goal of reducing street children and children working in hazardous working environments by 70 per cent in 2005 and 90 per cent by 2010 is hard to achieve, with only 25-30 per cent reduction of the number of street children. The Committee requests the Government to continue providing information on the results achieved by the Programme on Preventing and Rehabilitating Working Children in hazardous working environments.

Part III of the report form. With reference to its previous comments, the Committee notes the Government’s information that many cases of trading in children for inhumane purposes have been tried by people’s courts. The Committee encourages the Government to continue to supply information on court decisions regarding the application of the Convention specifying, wherever possible, the number and nature of infringements reported and penalties applied.

Parts IV and V of the report form. The Committee notes with interest the Government’s information that household living standards surveys show that the rate of Vietnamese children participating in economic activities have been rapidly reducing over the past few years in all age groups and both sexes, decreasing from 41 per cent (1993), to 29.3 per cent (1998) to 18 per cent (2003). It also notes the Government’s information that at present there are no statistical figures on children aged under 18 years working in hazardous conditions. The Committee requests the Government to continue providing information on the nature, extent and trends of the worst forms of child labour and the number of children covered by the measures giving effect to the Convention.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 1 of the Convention. Measures taken to secure the prohibition and elimination of the worst forms of child labour. The Committee notes the Government’s indication that it has introduced the following programmes soon after the ratification of Convention No. 182: (i) the National Plan of Action on Vietnamese Children for the period 2001-10; (ii) the Programme of Action for Protection of Children in Special Circumstances for the period 1999-2002; (iii) Programme on the Universalization of Primary and Secondary Education in 2000; (iv) a Plan of Action on Drug Prevention and Combat for the period 2001‑05; (v) establishment of a National Committee in 2000 for Preventing and Combating AIDS, Drug Abuse and Prostitution; (vi) a Plan of Action on Prostitution Prevention and Combat for the period 2001-05; and (vii) the National Target Programme on Hunger Eradication and Poverty Reduction and Employment for the period 2001-05. The Committee asks the Government to continue to provide information on the implementation of these measures and their impact with regard to securing the prohibition and elimination of the worst forms of child labour.

Article 3. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee observes that the trading and swapping of Vietnamese children under 16 years of age are prohibited by virtue of sections 1 and 8 of the Law on the Protection, Care and Education of Children of 1991. The Committee also observes that section 135(c)(1) of the Labour Code prohibits the “illegal recruitment and sending of workers to work abroad”. The Committee further notes that, according to section 119 of the Penal Code of 1999, a person who traffics in women is guilty of an offence. Section 120 of the Penal Code further provides that “those who trade in, fraudulently exchange or appropriate children in any form” commit an offence. More severe penalties will be imposed on a person who trades or exchanges a child for the purpose of sending him/her abroad, or using him/her for inhumane purposes, or for prostitution. The Committee notes the Government’s indication that section 68 of the Penal Code defines children as persons under 18 years of age. However, the Committee notes that according to the copy of the Penal Code available at the Office, section 68 provides for a definition of a young offender and not of a child. Since only the Penal Code appears to prohibit the sale and trafficking of girls and boys living in Viet Nam, irrespective of their nationality, the Committee requests the Government to clearly specify the age definition of children covered by section 120 of the Penal Code. It also asks the Government to provide information on the practical application of section 135(c)(1) of the Labour Code.

2. Debt bondage, serfdom and forced or compulsory labour. The Committee notes that section 5(2) of the Labour Code prohibits all forms of forced labour. Section 25 of the Labour Code prohibits enterprises, organizations and individuals from exploiting workers for motives of self-interest, or enticing or compelling an apprentice or trainee to carry out illegal activities in the name of apprenticeship programmes or trade training. The Committee asks the Government to provide information on the practical application of the abovementioned provisions.

3. Compulsory recruitment of children for use in armed conflict. The Committee notes that, according to section 7 of Decree No. 83/2001/ND-CP of 9 November 2001 on military service registration, male citizens aged between full 17 and full 45 years, and women aged full 18 and full 40 years having professional skills in necessary service, shall be subject to military service registration. The Committee also notes the Government’s indication that section 13(9) of Decree No. 152/1999/ND-CP of 20 September 1999 prohibits manpower exporting enterprises to recruit and dispatch workers abroad to perform the types of work listed in a decision of the Ministry of Labour, Invalids, and Social Affairs (hereinafter referred to as MOLISA). It further states that Annex I of Circular No. 29/1999/TT-BLDTBXH dated 15 November 1999 of the MOLISA which provides guidance to implement Decree No. 152/199/ND-CP of 20 September 1999, states that it is prohibited to employ and send workers under 18 years of age to ongoing war zones or high risk conflict zones. The Committee reminds the Government that, by virtue of Article 3(a) of the Convention, the forced or compulsory recruitment of a girl or a boy under 18 years for use in armed conflict, is considered as one of the worst forms of child labour, and that under the terms of Article 1 of the Convention, immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour shall be taken as a matter of urgency. The Committee accordingly requests the Government to take the necessary measures to ensure that boys are not compelled to register for military service before they reach full 18 years.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee notes that, according to section 254 of the Penal Code of 1999, any person who harbours prostitutes shall be guilty of an offence. It is also an offence to entice or procure prostitutes (section 255 of the Penal Code). The Committee also observes that more severe penalties will be imposed on the offender if the victim is under 18 years of age. It further notes that, by virtue of section 256 of the Penal Code, it is a criminal offence to have paid sexual intercourse with juveniles aged 13‑16 years. The Committee reminds the Government that by virtue of Article 3(b) of the Convention, the use, procuring or offering of a child for prostitution is considered to be one of the worst forms of child labour, and is therefore prohibited for children under 18 years of age. The Committee encourages the Government to extend the scope of section 256 of the Penal Code so as to impose penalties on clients of child prostitutes under 18 years of age.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes that, according to section 253 of the Penal Code, “any person who makes, duplicates, circulates, transports, sells or purchases, stockpiles decadent books, newspapers, pictures, photographs, films, music or other objects for the purpose of dissemination thereof, or commits other acts of disseminating debauched cultural products”, shall be guilty of an offence. It also observes that section 252 of the Penal Code provides that a person who entices or compels juveniles into criminal activities commits a criminal offence. The Committee observes however, that the provisions of the Penal Code do not appear to prohibit the use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee reminds the Government that, by virtue of Article 3(b) of the Convention, the use, procuring or offering of a girl or a boy under 18 years for the production of pornography or for pornographic performances, is considered as one of the worst forms of child labour, and that under the terms of Article 1 of the Convention, immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour shall be taken as a matter of urgency. The Committee accordingly requests the Government to provide information on the measures taken or envisaged to ensure that children under 18 years of age are not used for the production of pornography or for pornographic performances.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes that, by virtue of section 194(f) of the Penal Code, it is prohibited to employ children to illegally store, transport, trade in or appropriate narcotics. Section 252 of the Penal Code states that “those who entice or compel juveniles into criminal activities” commit an offence.

Clause (d). Hazardous work. The Committee notes that according to section 121 of the Labour Code of 2002, employers shall employ junior workers only in jobs that are suitable to their health so as to ensure the proper development and growth of their body, mind and personality. Section 121 of the Labour Code further prohibits the employment of junior workers in heavy or dangerous work, work that requires contact with toxic substances, or work and workplaces stipulated in a list issued by the Ministry of Labour, War Invalids and Social Affairs and the Ministry of Health. The Committee also notes that section 119 of the Labour Code defines a “young worker” as a person under the age of 18 years.

Self-employed workers. The Committee observes that, according to section 121 of the Labour Code, it is prohibited to employ a person under 18 in heavy or dangerous work. The Committee notes, however, that the Labour Code applies, by virtue of its section 2, to all workers, organizations and individuals working on the basis of an employment contract in any sector of the economy and in any form of ownership. The Committee consequently notes that self-employed workers do not benefit from the protection laid down in the Labour Code. The Committee also notes the Government’s indication that, although legislation and policies on child labour are considered as comprehensive and in conformity with relevant ILO Conventions, not all working children are covered by such instruments. The Government further states that Viet Nam shall regulate the situation of children working in the informal sector. The Committee accordingly requests the Government to indicate the measures taken or envisaged to ensure the protection of self-employed workers under 18 years of age from work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals.

Agricultural sector, handicraft occupations and domestic work. The Committee notes the Government’s indication that while the Law on Protection, Care and Education of Children and the Penal Code apply to all citizens throughout the country, the provisions of the Labour Code and its guiding documents on working children does not cover the agricultural sector, handicraft occupations and domestic work. However, the Committee notes that the Law on Protection, Care and Education of Children, according to which it is prohibited to use a child counter to legal provisions and detrimental to the normal development of children (section 9(3)), only applies to Vietnamese citizen under 16 years of age by virtue of its section 1. It further observes that the Labour Code, by virtue of section 2, applies to all workers, organizations and working on the basis of an employment contract in any sector of the economy and in any form of ownership, including domestic workers. The Committee also observes that the Committee on the Rights of the Child (CRC/C/15/Add.200, 18 March 2003, paragraph 51) expressed its concern over the widespread incidence of economic exploitation of children in the agricultural sector as well as in gold mines, timber operations, the service sector and other private sector enterprises. The Committee accordingly requests the Government to provide information on the discrepancies between the wording of the Labour Code and the Law on Protection, Care and Education of Children, and its interpretation of the texts.

Article 4, paragraph 1. Determination of hazardous work. The Committee notes, with interest, that the Inter-Ministerial Order No. 9/TT/LB of 13 April 1995 lists 81 occupations prohibited for young workers under 18 years of age, and 13 harmful working conditions in which the employment of young workers under 18 years of age is prohibited. It also notes the Government’s indication that the Viet Nam General Confederation of Labour, Viet Nam Chamber of Commerce and Industry and Viet Nam Cooperatives Alliance were consulted prior to the issuing of this Order. The Committee notes that several occupations are determined as hazardous, in particular: (i) rolling hot metal; (ii) firing steam engines; (iii) welding in an air-tight tank or over five metres underground; (iv) digging mines or performing other work in mines or working in deep holes over five metres deep; (v) installing oil rigs; (vi) working on off-shore oil-rigs; (vii) driving motor vehicles, farm tractors; (viii) diving; (ix) installing, repairing underground or suspension communication cable; (x) working on ocean-going ships; (xi) working in workplaces where the amount of dust, rock or cement powder, coal dust, animal hair exceeds the permitted standards; (xii) working in prisons or in mental hospitals; (xiii) working in pubs, dancehalls or entertainment services; (xiv) working in direct contact with chemicals causing gene damage or harming the reproductive functions. The following working conditions are also identified as hazardous and consequently shall not be performed by young workers under 18 years: (i) heavy work (i.e. when average energy consumptions is over five calories per minute and average heartbeat over 120 per minute; (ii) working in an uncomfortable position or in a place lacking oxygen; (iii) working in contact with harmful elements that may cause infectious diseases; (iv) working in contact with radioactive substances; (v) working in workplaces having a temperature exceeding 45 degrees in the summer and 40 degrees in the winter; (vi) working in places with high or low atmospheric pressure; (vii) working in mines; (viii) working in places unsuitable for a young worker’s mental and psychology.

Paragraph 2. Identification of hazardous work. The Committee notes the absence of information in the Government’s report on efforts made to identify where work that, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children, exists. The Committee reminds the Government that according to Article 4, paragraph 2, of the Convention, the competent authority, after consultation with the organizations of employers and workers concerned, shall identify where the types of hazardous work exist. The Committee requests the Government to provide information on the measures taken in this regard.

Paragraph 3. Periodic examination and revision of the list of the types of hazardous work. The Committee notes the Government’s indication that the list of hazardous work must be regularly examined and supervised by labour inspectors, intersectoral inspectorates in cooperation with trade unions. Section C of the the Inter-Ministerial Order No. 9/TT/LB (1995) requires the various Ministries and other branches to report to the MOLISA, and the Ministry of Health on workplaces with harmful working conditions and occupations that are not included in the list. The Committee asks the Government to provide information on the report made to the MOLISA, and the Ministry of Health concerning the types of hazardous work that are not included in the Inter-Ministerial Order No. 9/TT/LB of 1995 and to indicate whether the list of the types of hazardous work will be amended on the basis of this report.

Article 5. Monitoring mechanisms. 1. Labour inspectors. The Committee notes that, by virtue of section 185 of the Labour Code, MOLISA and the local bodies in charge of state administration of labour are responsible for carrying out state labour inspection. According to section 187 of the Labour Code, a labour inspector shall have the power to: (i) inspect and investigate any enterprise at any time without prior notice, (ii) request the employer and other persons concerned to provide information and relevant documents for investigation; and (iii) resolve all complaints or claims relating to violations of labour laws.

The Committee notes that one of the objectives of the National Programme of Action For Children for 2001-10, launched by the Government (Decision No. 23/2001/QD-TTg), 26 February 2001, section 1(3)(d)), is to increase inspection and supervision of the rights of the child. To this end, a mechanism for close cooperation among the different branches of the inspection service will be established. The Committee asks the Government to provide information on the establishment of a mechanism to enhance cooperation between the different branches of the inspection service to increase inspection and supervision of child rights and on its impact, in particular with regard to the elimination of the worst forms of child labour. The Committee also asks the Government to provide information on the inspections carried out by labour inspectors and the findings with regard to the implementation of national legislation concerning the worst forms of child labour.

2. Occupational health and safety inspectors. The Committee notes that according to section D(2) of the Inter-Ministerial Order No. 9/TT/LB of 1995, occupational safety inspectors and occupational health inspectors shall enhance their inspection of undertakings employing young workers. The Committee asks the Government to provide information on the activities of the occupational safety inspectors and occupational health inspectors and their findings with regard to the types of hazardous work performed by children under 18 years and the number of infringements reported.

3. Organizations of employers and workers. The Committee notes that, according to section 2 of the Labour Code, trade unions, in conjunction with state bodies and economic and social organizations, shall look after and protect the rights of employees, inspect and supervise the implementation of the provisions of the labour laws. The Committee also notes the Government’s indication that the Viet Nam General Confederation of Labour, which represents and protects the rights and interests of Vietnamese workers, takes part in supervising child labour status nationwide. The Government further states that the following two organizations of employers in Viet Nam – the Viet Nam Chamber of Commerce and Industry and the Viet Nam Cooperatives Alliance – encourage their members to comply with legal provisions on child labour as well as enhance their members’ awareness of the long-lasting negative consequences of employing persons under 18 years of age in the worst forms of child labour. The Committee requests the Government to continue to provide information on the activities of the Viet Nam General Confederation of Labour, the Viet Nam Chamber of Commerce and Industry, and the Viet Nam Cooperatives Alliance, to monitor the implementation of the provisions giving effect to the Convention and the results achieved.

4. National Committee for Preventing and Combating AIDS, Drug Abuse and Prostitution. The Committee notes that the Government established, in 2000, a National Committee for Preventing and Combating AIDS, Drug Abuse and Prostitution. This National Committee is responsible for assisting the Prime Minister in elaborating policies, programmes and plans of action to prevent and combat AIDS, drug abuse and prostitution. It shall also assist the Prime Minister in guiding, supervising and evaluating the measures taken. The Committee requests the Government to provide information on the activities of the National Committee for Preventing and Combating AIDS, Drug Abuse and Prostitution, and the impact of such activities on preventing and combating AIDS and prostitution among children under 18 years of age.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes the Government’s indication that MOLISA is developing a plan of action to implement Convention No. 182, which was scheduled to be submitted for the Government’s review towards the end of 2002. The Committee accordingly asks the Government to indicate whether such a plan of action has been adopted and to provide information on the concrete measures taken or envisaged thereunder to eliminate the worst forms of child labour.

1. National Programme of Action for Children. The Committee notes that a nine-year National Programme of Action for Children was launched in 2001. The overall objective of this programme is to create the optimum conditions to fully meet the needs and basic rights of children. The programme, for instance, focuses on children with special needs such as street children and child victims of sexual or labour exploitation. Thus, it plans to reduce the number of street children and children involved in hazardous work by 70 per cent by 2005 and by 90 per cent by 2010. Another objective is to reduce the number of child victims of sexual abuse and trafficking, a low decrease is planned by 2005, which should accelerate by 2010. The Committee requests the Government to indicate whether the objectives of this National Programme of Action for Children have been met, and, in particular, how many children under 18 targeted by this programme have been removed from the worst forms of child labour by 2005.

2. National Programme of Action for Protection of Children with Special Circumstances. The Committee observes that the Government launched a three-year programme in 1999, which aimed at preventing, gradually reducing and eventually solving, by the year 2002, the problem of sexually exploited children by organizing the education and medical treatment of child prostitutes as well as their rehabilitation. Another objective was to prevent and gradually reduce the number of child victims of trafficking or swapping. The Committee asks the Government to provide information on the impact of the National Programme of Action for Protection of Children with Special Circumstances on preventing and reducing the number of child victims of sexual exploitation or trafficking.

3. UNICEF programmes. The Committee notes that, according to the UNICEF document entitled “A proposal to reduce child exploitation in Viet Nam” (2001, page 1), UNICEF supports the Government’s efforts to protect, prevent, rehabilitate and reintegrate vulnerable children involved in the worst forms of child labour by: strengthening law enforcement mechanisms; implementing micro-level interventions such as the provision of formal and non-formal education; raising awareness of, and training of, children and families at risk of being exploited on child rights; and promoting credit and income generating schemes for families at risk of being exploited. This programme will last from 2002-04 and benefit trafficked and sexually exploited children, children and families at risk of being exploited, basic service providers and professional groups as well as national leaders and decision-makers. The Committee asks the Government to provide information on the concrete measures taken pursuant to the UNICEF programmes and their impact on eliminating the worst forms of child labour.

4. Campaign launched by organizations of employers, workers and non-governmental organizations. The Committee notes the Government’s indication that trade unions and employers’ organization and non-governmental organizations launched joint campaigns to combat and eliminate the worst forms of child labour. The Viet Nam General Confederation of Labour has urged other organizations and institutions to make contributions to a fund to support children and their families in employment generation. The Committee asks the Government to provide information on the concrete measures taken by the organizations of employers and workers and non-governmental organizations pursuant to these campaigns and their impact on the elimination of the worst forms of child labour.

Article 7, paragraph 1. Penalties. The Committee observes that section 120 of the Penal Code provides that a person who trades in, fraudulently exchanges or appropriates children in any form shall be liable to three to ten years’ imprisonment, a fine of up to 50 million dong and banned from performing certain occupations. The penalties will be increased if such crimes are committed for the purpose of sending a child abroad, or using a child for inhumane purposes, or for prostitution. According to section 252 of the Penal Code, a person who entices or compels juveniles into criminal activities shall be liable to one to five years of imprisonment, and a maximum fine of up to 30 million dong. A person who harbours prostitutes is liable to imprisonment for one to seven years and a maximum fine of up to 100 million dong (section 254 of the Penal Code). The penalties will be increased if the victim is under 18 years of age. Section 255 of the Penal Code provides that any person who entices or procures prostitutes is liable from six months to five years of imprisonment. The Committee also notes that, by virtue of section 194(f) of the Penal Code, a person who employs a child to illegally store, transport, trade in or appropriate narcotics is liable to seven to 15 years of imprisonment. Section 228 of the Penal Code states that anyone who employs a child to perform hazardous work is liable to a fine of 5 million to 50 million dong, non-custodial reform for up to two years, or imprisonment for three months to two years. The Committee asks the Government to provide information on the penalties imposed in practice.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. 1. Child prostitution. The Committee notes, with interest that the Government launched in 2001 a four‑year National Plan of Action to Prevent and Combat Prostitution aimed at preventing prostitution from occurring in localities where this phenomenon was non-existent. To this end, a survey will be conducted to identify the characteristics of prostitution and persons more likely to be sexually exploited. Concrete action will be taken upon the results of the survey to prevent the occurrence of prostitution. The Committee requests the Government to provide information on the results of the survey on the characteristics of prostitution, especially with regard to child prostitution. It also asks the Government to indicate whether measures are taken or envisaged under the National Plan of Action to Prevent and Combat Prostitution to prevent the engagement of children under 18 years of age in prostitution.

2. Trafficking of children. The Committee notes the Government’s indication to the Committee on the Rights of the Child (CRC/C/65/Add.20, additional report, December 2002, pages 25 and 44) that the Government promoted public information and education, particularly for families with low income, about the dangers of child trafficking. The Government also states that prevention has not only been undertaken by law enforcement bodies, but also by social and political organizations. According to the Government, these efforts have resulted in a decline of child trafficking in the region where preventive measures were taken. The Committee accordingly asks the Government to provide information on the measures taken or envisaged to have a country-wide awareness-raising campaign on child trafficking.

3. Ensuring access to free basic education. The Committee notes that, by virtue of section 10 of the Law on the protection, care and education of children primary education is compulsory and free. The Committee also notes that a nine-year National Programme of Action for Children was launched in 2001 (Decision No. 23/2001/QD-TTg, 26 February 2001) to combat illiteracy and achieve the universalization of primary and secondary education. The Programme also aims at improving the quality of education and increasing the quantity of teaching material. The concrete objectives are to attain an enrolment rate in primary education of 99 per cent by 2010; to have 95 per cent of children enrolled in primary education who graduate; and to have, by 2010, 80 per cent of children in difficult situations complete primary education. The Committee also notes that the Committee on the Rights of the Child (CRC/C/1/Add.200, 18 March 2003, paragraph 47) expressed its concern about the significant gaps in access to and quality of education, between urban and rural or mountain regions and about the shortage of well-trained teachers. The Committee accordingly requests the Government to indicate whether the National Programme of Action for Children will focus on improving access to and quality of education in rural areas. The Committee also asks the Government to provide information on the impact of the National Programme of Action for Children on improving access to free education and reducing school drop-outs.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. The Committee observes that, according to the National Plan of Action to Prevent and Combat Prostitution 2001-05, programmes will be launched to provide prostitutes with education, medical treatment, job training and employment in order to help them reintegrate into the community. The Committee notes that, according to ILO/IPEC Rapid Assessment Study on child prostitution in Hanoi, Hai Phong, Ho Chi Minh City and Can Tho of 2003 (page 70), 4,548 child prostitutes received medical treatment and education in 1998 and 1,590 received vocational training or were offered a job. The Committee asks the Government to provide information on the concrete measures taken pursuant to the National Programme of Action to remove children under 18 years from prostitution and provide for their rehabilitation and social integration.

Clause (d). Identifying and reaching out to children at special risk. 1. Child prostitution. The Committee notes that the Committee on the Rights of the Child (CRC/C/1/Add.200, 18 March 2003, paragraph 47) expressed its concern about the significant proportion of sex workers under 18 years of age. The Committee notes that, according to the ILO/IPEC Rapid Assessment on child prostitution in Hanoi, Hai Phong, Ho Chi Minh City and Can Tho of 2003 (page 10), 37 per cent of prostitutes are children under 18 years of age. The report (page xi) indicates that the ratio of children in prostitution is believed to be steadily increasing: 2.5 per cent in 1989 and 11.4 per cent in 1995. The assessment further points out that most child prostitutes are aged from 15 to 17. However, in the south they tend to start as young as 13 years of age. Child prostitutes are mainly girls and in general they originate from rural areas. The Committee also observes that, according to the Rapid Assessment (page xx), clients are mostly nationals although some foreigners, mainly Asian businessmen (from China, Japan, the Republic of Korea) pay for sexual intercourse with children. With regard to national clients, the majority are state officials and state enterprise employees. Providing sex workers can be part of a business deal. Other clients are people working in the private sector, young people from affluent families, military men and policemen.

The Committee notes that the primary objective of the National Plan of Action to Prevent and Combat Prostitution (Decision No. 151/2000/QD-TTg) for 2001-03 is to eliminate prostitution among juveniles. The programme sets forth nine principal activities and some urgent solutions, including awareness raising, increasing inspections and improving the legal system on the prevention and elimination of prostitution. The Committee also notes that one of the objectives of the National Programme of Action for Children (Decision No. 23/2001/QD-TTg) launched in 2001 is to reduce the number of sexually exploited children. The Committee asks the Government to provide information on the measures taken or envisaged to ensure that measures taken under the National Plan of Action to Prevent and Combat Prostitution and the National Programme of Action for Children do not overlap. It also asks the Government to provide information on the impact of the abovementioned programmes on protecting children under 18 years of age from prostitution.

2. Child trafficking. The Committee notes that according to the UNICEF document entitled “A proposal to reduce child exploitation in Viet Nam” of 2001, it is estimated that thousands of Vietnamese women and children are trafficked both within and outside the country’s border every year. It further states that commercial sexual exploitation is not the only destination for trafficked children, they are also illegally sold for adoption to foreign couples, used as bonded labourers and domestic servants. The Committee notes that the National Programme of Action for Children launched in 2001 by the Government aims at reducing the number of child victims of trafficking. It also notes that one of the objectives of the National Plan of Action to Prevent and Combat Prostitution is to ward off the trafficking of women and children for sexual exploitation. The Committee observes that the Committee on the Rights of the Child (CRC/C/1/Add.200, 18 March 2003, paragraph 49) noted with concern that, although the state party recognizes trafficking in children to be a significant problem, the number of officially reported cases is very low. The Committee accordingly asks the Government to provide information on the concrete measures taken under the two abovementioned programmes and their impact on the elimination of child trafficking.

3. Street children. The Committee notes the Government’s indication to the Committee on the Rights of the Child (CRC/C/65/Add.20, additional report, December 2002, page 35) that the MOLISA, in coordination with the Viet Nam Committee for the Protection, Care and Education of Children and relevant agencies has set up, in 1999, a project to prevent and eliminate the exploitation of street children. It also notes the Government’s indication (CRC/C/65/Add.20, additional report, response to issues raised by the Committee on the Rights of the Child, page 12) that in 2001, there were 21,000 street children in the country. The Committee accordingly asks the Government to provide information on the impact of the abovementioned project on protecting street children from the worst forms of child labour.

Article 8. 1. International cooperation. The Committee notes that Viet Nam is a member of INTERPOL which helps cooperation between countries in the different regions especially in the fight against trafficking of children. It also observes that the Government ratified the Convention on the Rights of the Child in 1990, the Optional Protocol on the Involvement of Children in Armed Conflict and the Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography in 2002.

2. Elimination of poverty. The Committee notes the Government’s indication that almost all cases of child labour in whatever forms are related to the question of poverty. It states that Viet Nam is an agricultural country and two-thirds of its population lives in rural areas. Living standards in rural areas are lower than in urban areas. Shortage of financial resources to cover living costs such as food, health checks and schooling incites children to earn their money and support their families. The Committee also notes that according to the UNICEF document entitled “A proposal to reduce child exploitation in Viet Nam” (2001, page 3), 37 per cent of Vietnamese live in poverty. It also observes that the Prime Minister launched a National Target Programme on Hunger Elimination, Poverty Alleviation and Employment for 2001-05. The overall objectives of the Programme are to create favourable and suitable conditions for supporting poor households and communes in production development, income generation, access to social services, and poverty alleviation. For instance, the programme aims at reducing the percentage of poor households to below ten per cent and to create jobs for 1.4 to 1.5 million people each year. The Committee requests the Government to supply information on any notable impact of the National Target Programme on Hunger Elimination, Poverty Alleviation and Employment towards eliminating the worst forms of child labour.

3. Trafficking of children for sexual exploitation. The Committee notes the Government’s indication to the Committee on the Rights of the Child (CRC/C/65/Add.20, additional report, December 2002, page 28) that Viet Nam takes part in many projects, established by the ILO/IPEC and UNDP, on the prevention of child trafficking in the Mekong region. The Government states that many of the localities that benefited from the projects were able to stop child trafficking. The Government further indicates that Viet Nam and France signed an Agreement in 2000 on the adoption of children, which also aims at preventing child trafficking.

The Committee also notes that Viet Nam is part of an ILO/IPEC project, funded by the United Kingdom Department for International Development (DFID), in the Greater Mekong region (covering parts of Cambodia, China, Laos, Thailand and Viet Nam). This programme seeks to address the prevention, protection and rehabilitation of trafficked women and children. The Committee requests the Government to provide information on the impact of the abovementioned projects with regard to protecting child victims of trafficking and providing for their rehabilitation and social integration.

Part III of the report form. The Committee notes the Government’s indication to the Committee on the Rights of the Child (CRC/C/65/Add.20, additional report, December 2002, page 26) that efforts have been made to detect child traffickers and that severe penalties were imposed on traffickers. The Committee accordingly asks the Government to provide further information on relevant court decisions, and the penalties imposed.

Part V. The Committee notes that a survey on child labour will be conducted with the assistance of the ILO/IPEC beyond 2003-04. The Committee accordingly hopes that the Government will be able to provide, in its next report, further information on the worst forms of child labour, including information on the nature, extent and trends of those 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 penal sanctions applied. To the extent possible, all information provided should be disaggregated by sex.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee takes note of the Government’s first report. The Committee requests the Government to supply further information on the following points.

Article 1 of the Convention. Measures taken to secure the prohibition and elimination of the worst forms of child labour. The Committee notes the Government’s indication that it has introduced the following programmes soon after the ratification of Convention No. 182: (i) the National Plan of Action on Vietnamese Children for the period 2001-10; (ii) the Programme of Action for Protection of Children in Special Circumstances for the period 1999-2002; (iii) Programme on the Universalization of Primary and Secondary Education in 2000; (iv) a Plan of Action on Drug Prevention and Combat for the period 2001-05; (v) establishment of a National Committee in 2000 for Preventing and Combating AIDS, Drug Abuse and Prostitution; (vi) a Plan of Action on Prostitution Prevention and Combat for the period 2001-05; and (vii) the National Target Programme on Hunger Eradication and Poverty Reduction and Employment for the period 2001-05. The Committee asks the Government to continue to provide information on the implementation of these measures and their impact with regard to securing the prohibition and elimination of the worst forms of child labour.

Article 3. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee observes that the trading and swapping of Vietnamese children under 16 years of age are prohibited by virtue of sections 1 and 8 of the Law on the Protection, Care and Education of Children of 1991. The Committee also observes that section 135(c)(1) of the Labour Code prohibits the "illegal recruitment and sending of workers to work abroad". The Committee further notes that, according to section 119 of the Penal Code of 1999, a person who traffics in women is guilty of an offence. Section 120 of the Penal Code further provides that "those who trade in, fraudulently exchange or appropriate children in any form" commit an offence. More severe penalties will be imposed on a person who trades or exchanges a child for the purpose of sending him/her abroad, or using him/her for inhumane purposes, or for prostitution. The Committee notes the Government’s indication that section 68 of the Penal Code defines children as persons under 18 years of age. However, the Committee notes that according to the copy of the Penal Code available at the Office, section 68 provides for a definition of a young offender and not of a child. Since only the Penal Code appears to prohibit the sale and trafficking of girls and boys living in Viet Nam, irrespective of their nationality, the Committee requests the Government to clearly specify the age definition of children covered by section 120 of the Penal Code. It also asks the Government to provide information on the practical application of section 135(c)(1) of the Labour Code.

2. Debt bondage, serfdom and forced or compulsory labour. The Committee notes that section 5(2) of the Labour Code prohibits all forms of forced labour. Section 25 of the Labour Code prohibits enterprises, organizations and individuals from exploiting workers for motives of self-interest, or enticing or compelling an apprentice or trainee to carry out illegal activities in the name of apprenticeship programmes or trade training. The Committee asks the Government to provide information on the practical application of the abovementioned provisions.

3. Compulsory recruitment of children for use in armed conflict. The Committee notes that, according to section 7 of Decree No. 83/2001/ND-CP of 9 November 2001 on military service registration, male citizens aged between full 17 and full 45 years, and women aged full 18 and full 40 years having professional skills in necessary service, shall be subject to military service registration. The Committee also notes the Government’s indication that section 13(9) of Decree No. 152/1999/ND-CP of 20 September 1999 prohibits manpower exporting enterprises to recruit and dispatch workers abroad to perform the types of work listed in a decision of the Ministry of Labour, Invalids, and Social Affairs (hereinafter referred to as MOLISA). It further states that Annex I of Circular No. 29/1999/TT-BLDTBXH dated 15 November 1999 of the MOLISA which provides guidance to implement Decree No. 152/199/ND-CP of 20 September 1999, states that it is prohibited to employ and send workers under 18 years of age to ongoing war zones or high risk conflict zones. The Committee reminds the Government that, by virtue of Article 3(a) of the Convention, the forced or compulsory recruitment of a girl or a boy under 18 years for use in armed conflict, is considered as one of the worst forms of child labour, and that under the terms of Article 1 of the Convention, immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour shall be taken as a matter of urgency. The Committee accordingly requests the Government to take the necessary measures to ensure that boys are not compelled to register for military service before they reach full 18 years.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee notes that, according to section 254 of the Penal Code of 1999, any person who harbours prostitutes shall be guilty of an offence. It is also an offence to entice or procure prostitutes (section 255 of the Penal Code). The Committee also observes that more severe penalties will be imposed on the offender if the victim is under 18 years of age. It further notes that, by virtue of section 256 of the Penal Code, it is a criminal offence to have paid sexual intercourse with juveniles aged 13-16 years. The Committee reminds the Government that by virtue of Article 3(b) of the Convention, the use, procuring or offering of a child for prostitution is considered to be one of the worst forms of child labour, and is therefore prohibited for children under 18 years of age. The Committee encourages the Government to extend the scope of section 256 of the Penal Code so as to impose penalties on clients of child prostitutes under 18 years of age.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes that, according to section 253 of the Penal Code, "any person who makes, duplicates, circulates, transports, sells or purchases, stockpiles decadent books, newspapers, pictures, photographs, films, music or other objects for the purpose of dissemination thereof, or commits other acts of disseminating debauched cultural products", shall be guilty of an offence. It also observes that section 252 of the Penal Code provides that a person who entices or compels juveniles into criminal activities commits a criminal offence. The Committee observes however, that the provisions of the Penal Code do not appear to prohibit the use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee reminds the Government that, by virtue of Article 3(b) of the Convention, the use, procuring or offering of a girl or a boy under 18 years for the production of pornography or for pornographic performances, is considered as one of the worst forms of child labour, and that under the terms of Article 1 of the Convention, immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour shall be taken as a matter of urgency. The Committee accordingly requests the Government to provide information on the measures taken or envisaged to ensure that children under 18 years of age are not used for the production of pornography or for pornographic performances.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes that, by virtue of section 194(f) of the Penal Code, it is prohibited to employ children to illegally store, transport, trade in or appropriate narcotics. Section 252 of the Penal Code states that "those who entice or compel juveniles into criminal activities" commit an offence.

Clause (d). Hazardous work. The Committee notes that according to section 121 of the Labour Code of 2002, employers shall employ junior workers only in jobs that are suitable to their health so as to ensure the proper development and growth of their body, mind and personality. Section 121 of the Labour Code further prohibits the employment of junior workers in heavy or dangerous work, work that requires contact with toxic substances, or work and workplaces stipulated in a list issued by the Ministry of Labour, War Invalids and Social Affairs and the Ministry of Health. The Committee also notes that section 119 of the Labour Code defines a "young worker" as a person under the age of 18 years.

Self-employed workers. The Committee observes that, according to section 121 of the Labour Code, it is prohibited to employ a person under 18 in heavy or dangerous work. The Committee notes, however, that the Labour Code applies, by virtue of its section 2, to all workers, organizations and individuals working on the basis of an employment contract in any sector of the economy and in any form of ownership. The Committee consequently notes that self-employed workers do not benefit from the protection laid down in the Labour Code. The Committee also notes the Government’s indication that, although legislation and policies on child labour are considered as comprehensive and in conformity with relevant ILO Conventions, not all working children are covered by such instruments. The Government further states that Viet Nam shall regulate the situation of children working in the informal sector. The Committee accordingly requests the Government to indicate the measures taken or envisaged to ensure the protection of self-employed workers under 18 years of age from work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals.

Agricultural sector, handicraft occupations and domestic work. The Committee notes the Government’s indication that while the Law on Protection, Care and Education of Children and the Penal Code apply to all citizens throughout the country, the provisions of the Labour Code and its guiding documents on working children does not cover the agricultural sector, handicraft occupations and domestic work. However, the Committee notes that the Law on Protection, Care and Education of Children, according to which it is prohibited to use a child counter to legal provisions and detrimental to the normal development of children (section 9(3)), only applies to Vietnamese citizen under 16 years of age by virtue of its section 1. It further observes that the Labour Code, by virtue of section 2, applies to all workers, organizations and working on the basis of an employment contract in any sector of the economy and in any form of ownership, including domestic workers. The Committee also observes that the Committee on the Rights of the Child (CRC/C/15/Add.200, 18 March 2003, paragraph 51) expressed its concern over the widespread incidence of economic exploitation of children in the agricultural sector as well as in gold mines, timber operations, the service sector and other private sector enterprises. The Committee accordingly requests the Government to provide information on the discrepancies between the wording of the Labour Code and the Law on Protection, Care and Education of Children, and its interpretation of the texts.

Article 4, paragraph 1. Determination of hazardous work. The Committee notes, with interest, that the Inter-Ministerial Order No. 9/TT/LB of 13 April 1995 lists 81 occupations prohibited for young workers under 18 years of age, and 13 harmful working conditions in which the employment of young workers under 18 years of age is prohibited. It also notes the Government’s indication that the Viet Nam General Confederation of Labour, Viet Nam Chamber of Commerce and Industry and Viet Nam Cooperatives Alliance were consulted prior to the issuing of this Order. The Committee notes that several occupations are determined as hazardous, in particular: (i) rolling hot metal; (ii) firing steam engines; (iii) welding in an air-tight tank or over five metres underground; (iv) digging mines or performing other work in mines or working in deep holes over five metres deep; (v) installing oil rigs; (vi) working on off-shore oil-rigs; (vii) driving motor vehicles, farm tractors; (viii) diving; (ix) installing, repairing underground or suspension communication cable; (x) working on ocean-going ships; (xi) working in workplaces where the amount of dust, rock or cement powder, coal dust, animal hair exceeds the permitted standards; (xii) working in prisons or in mental hospitals; (xiii) working in pubs, dancehalls or entertainment services; (xiv) working in direct contact with chemicals causing gene damage or harming the reproductive functions. The following working conditions are also identified as hazardous and consequently shall not be performed by young workers under 18 years: (i) heavy work (i.e. when average energy consumptions is over five calories per minute and average heartbeat over 120 per minute; (ii) working in an uncomfortable position or in a place lacking oxygen; (iii) working in contact with harmful elements that may cause infectious diseases; (iv) working in contact with radioactive substances; (v) working in workplaces having a temperature exceeding 45 degrees in the summer and 40 degrees in the winter; (vi) working in places with high or low atmospheric pressure; (vii) working in mines; (viii) working in places unsuitable for a young worker’s mental and psychology.

Paragraph 2. Identification of hazardous work. The Committee notes the absence of information in the Government’s report on efforts made to identify where work that, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children, exists. The Committee reminds the Government that according to Article 4, paragraph 2, of the Convention, the competent authority, after consultation with the organizations of employers and workers concerned, shall identify where the types of hazardous work exist. The Committee requests the Government to provide information on the measures taken in this regard.

Paragraph 3. Periodic examination and revision of the list of the types of hazardous work. The Committee notes the Government’s indication that the list of hazardous work must be regularly examined and supervised by labour inspectors, intersectoral inspectorates in cooperation with trade unions. Section C of the the Inter-Ministerial Order No. 9/TT/LB (1995) requires the various Ministries and other branches to report to the MOLISA, and the Ministry of Health on workplaces with harmful working conditions and occupations that are not included in the list. The Committee asks the Government to provide information on the report made to the MOLISA, and the Ministry of Health concerning the types of hazardous work that are not included in the Inter-Ministerial Order No. 9/TT/LB of 1995 and to indicate whether the list of the types of hazardous work will be amended on the basis of this report.

Article 5. Monitoring mechanisms. 1. Labour inspectors. The Committee notes that, by virtue of section 185 of the Labour Code, MOLISA and the local bodies in charge of state administration of labour are responsible for carrying out state labour inspection. According to section 187 of the Labour Code, a labour inspector shall have the power to: (i) inspect and investigate any enterprise at any time without prior notice, (ii) request the employer and other persons concerned to provide information and relevant documents for investigation; and (iii) resolve all complaints or claims relating to violations of labour laws.

The Committee notes that one of the objectives of the National Programme of Action For Children for 2001-10, launched by the Government (Decision No. 23/2001/QD-TTg), 26 February 2001, section 1(3)(d)), is to increase inspection and supervision of the rights of the child. To this end, a mechanism for close cooperation among the different branches of the inspection service will be established. The Committee asks the Government to provide information on the establishment of a mechanism to enhance cooperation between the different branches of the inspection service to increase inspection and supervision of child rights and on its impact, in particular with regard to the elimination of the worst forms of child labour. The Committee also asks the Government to provide information on the inspections carried out by labour inspectors and the findings with regard to the implementation of national legislation concerning the worst forms of child labour.

2. Occupational health and safety inspectors. The Committee notes that according to section D(2) of the Inter-Ministerial Order No. 9/TT/LB of 1995, occupational safety inspectors and occupational health inspectors shall enhance their inspection of undertakings employing young workers. The Committee asks the Government to provide information on the activities of the occupational safety inspectors and occupational health inspectors and their findings with regard to the types of hazardous work performed by children under 18 years and the number of infringements reported.

3. Organizations of employers and workers. The Committee notes that, according to section 2 of the Labour Code, trade unions, in conjunction with state bodies and economic and social organizations, shall look after and protect the rights of employees, inspect and supervise the implementation of the provisions of the labour laws. The Committee also notes the Government’s indication that the Viet Nam General Confederation of Labour, which represents and protects the rights and interests of Vietnamese workers, takes part in supervising child labour status nationwide. The Government further states that the following two organizations of employers in Viet Nam - the Viet Nam Chamber of Commerce and Industry and the Viet Nam Cooperatives Alliance - encourage their members to comply with legal provisions on child labour as well as enhance their members’ awareness of the long-lasting negative consequences of employing persons under 18 years of age in the worst forms of child labour. The Committee requests the Government to continue to provide information on the activities of the Viet Nam General Confederation of Labour, the Viet Nam Chamber of Commerce and Industry, and the Viet Nam Cooperatives Alliance, to monitor the implementation of the provisions giving effect to the Convention and the results achieved.

4. National Committee for Preventing and Combating AIDS, Drug Abuse and Prostitution. The Committee notes that the Government established, in 2000, a National Committee for Preventing and Combating AIDS, Drug Abuse and Prostitution. This National Committee is responsible for assisting the Prime Minister in elaborating policies, programmes and plans of action to prevent and combat AIDS, drug abuse and prostitution. It shall also assist the Prime Minister in guiding, supervising and evaluating the measures taken. The Committee requests the Government to provide information on the activities of the National Committee for Preventing and Combating AIDS, Drug Abuse and Prostitution, and the impact of such activities on preventing and combating AIDS and prostitution among children under 18 years of age.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes the Government’s indication that MOLISA is developing a plan of action to implement Convention No. 182, which was scheduled to be submitted for the Government’s review towards the end of 2002. The Committee accordingly asks the Government to indicate whether such a plan of action has been adopted and to provide information on the concrete measures taken or envisaged thereunder to eliminate the worst forms of child labour.

1. National Programme of Action for Children. The Committee notes that a nine-year National Programme of Action for Children was launched in 2001. The overall objective of this programme is to create the optimum conditions to fully meet the needs and basic rights of children. The programme, for instance, focuses on children with special needs such as street children and child victims of sexual or labour exploitation. Thus, it plans to reduce the number of street children and children involved in hazardous work by 70 per cent by 2005 and by 90 per cent by 2010. Another objective is to reduce the number of child victims of sexual abuse and trafficking, a low decrease is planned by 2005, which should accelerate by 2010. The Committee requests the Government to indicate whether the objectives of this National Programme of Action for Children have been met, and, in particular, how many children under 18 targeted by this programme have been removed from the worst forms of child labour by 2005.

2. National Programme of Action for Protection of Children with Special Circumstances. The Committee observes that the Government launched a three-year programme in 1999, which aimed at preventing, gradually reducing and eventually solving, by the year 2002, the problem of sexually exploited children by organizing the education and medical treatment of child prostitutes as well as their rehabilitation. Another objective was to prevent and gradually reduce the number of child victims of trafficking or swapping. The Committee asks the Government to provide information on the impact of the National Programme of Action for Protection of Children with Special Circumstances on preventing and reducing the number of child victims of sexual exploitation or trafficking.

3. UNICEF programmes. The Committee notes that, according to the UNICEF document entitled "A proposal to reduce child exploitation in Viet Nam" (2001, page 1), UNICEF supports the Government’s efforts to protect, prevent, rehabilitate and reintegrate vulnerable children involved in the worst forms of child labour by: strengthening law enforcement mechanisms; implementing micro-level interventions such as the provision of formal and non-formal education; raising awareness of, and training of, children and families at risk of being exploited on child rights; and promoting credit and income generating schemes for families at risk of being exploited. This programme will last from 2002-04 and benefit trafficked and sexually exploited children, children and families at risk of being exploited, basic service providers and professional groups as well as national leaders and decision-makers. The Committee asks the Government to provide information on the concrete measures taken pursuant to the UNICEF programmes and their impact on eliminating the worst forms of child labour.

4. Campaign launched by organizations of employers, workers and non-governmental organizations. The Committee notes the Government’s indication that trade unions and employers’ organization and non-governmental organizations launched joint campaigns to combat and eliminate the worst forms of child labour. The Viet Nam General Confederation of Labour has urged other organizations and institutions to make contributions to a fund to support children and their families in employment generation. The Committee asks the Government to provide information on the concrete measures taken by the organizations of employers and workers and non-governmental organizations pursuant to these campaigns and their impact on the elimination of the worst forms of child labour.

Article 7, paragraph 1. Penalties. The Committee observes that section 120 of the Penal Code provides that a person who trades in, fraudulently exchanges or appropriates children in any form shall be liable to three to ten years’ imprisonment, a fine of up to 50 million dong and banned from performing certain occupations. The penalties will be increased if such crimes are committed for the purpose of sending a child abroad, or using a child for inhumane purposes, or for prostitution. According to section 252 of the Penal Code, a person who entices or compels juveniles into criminal activities shall be liable to one to five years of imprisonment, and a maximum fine of up to 30 million dong. A person who harbours prostitutes is liable to imprisonment for one to seven years and a maximum fine of up to 100 million dong (section 254 of the Penal Code). The penalties will be increased if the victim is under 18 years of age. Section 255 of the Penal Code provides that any person who entices or procures prostitutes is liable from six months to five years of imprisonment. The Committee also notes that, by virtue of section 194(f) of the Penal Code, a person who employs a child to illegally store, transport, trade in or appropriate narcotics is liable to seven to 15 years of imprisonment. Section 228 of the Penal Code states that anyone who employs a child to perform hazardous work is liable to a fine of 5 million to 50 million dong, non-custodial reform for up to two years, or imprisonment for three months to two years. The Committee asks the Government to provide information on the penalties imposed in practice.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. 1. Child prostitution. The Committee notes, with interest that the Government launched in 2001 a four-year National Plan of Action to Prevent and Combat Prostitution aimed at preventing prostitution from occurring in localities where this phenomenon was non-existent. To this end, a survey will be conducted to identify the characteristics of prostitution and persons more likely to be sexually exploited. Concrete action will be taken upon the results of the survey to prevent the occurrence of prostitution. The Committee requests the Government to provide information on the results of the survey on the characteristics of prostitution, especially with regard to child prostitution. It also asks the Government to indicate whether measures are taken or envisaged under the National Plan of Action to Prevent and Combat Prostitution to prevent the engagement of children under 18 years of age in prostitution.

2. Trafficking of children. The Committee notes the Government’s indication to the Committee on the Rights of the Child (CRC/C/65/Add.20, additional report, December 2002, pages 25 and 44) that the Government promoted public information and education, particularly for families with low income, about the dangers of child trafficking. The Government also states that prevention has not only been undertaken by law enforcement bodies, but also by social and political organizations. According to the Government, these efforts have resulted in a decline of child trafficking in the region where preventive measures were taken. The Committee accordingly asks the Government to provide information on the measures taken or envisaged to have a country-wide awareness-raising campaign on child trafficking.

3. Ensuring access to free basic education. The Committee notes that, by virtue of section 10 of the Law on the protection, care and education of children primary education is compulsory and free. The Committee also notes that a nine-year National Programme of Action for Children was launched in 2001 (Decision No. 23/2001/QD-TTg, 26 February 2001) to combat illiteracy and achieve the universalization of primary and secondary education. The Programme also aims at improving the quality of education and increasing the quantity of teaching material. The concrete objectives are to attain an enrolment rate in primary education of 99 per cent by 2010; to have 95 per cent of children enrolled in primary education who graduate; and to have, by 2010, 80 per cent of children in difficult situations complete primary education. The Committee also notes that the Committee on the Rights of the Child (CRC/C/1/Add.200, 18 March 2003, paragraph 47) expressed its concern about the significant gaps in access to and quality of education, between urban and rural or mountain regions and about the shortage of well-trained teachers. The Committee accordingly requests the Government to indicate whether the National Programme of Action for Children will focus on improving access to and quality of education in rural areas. The Committee also asks the Government to provide information on the impact of the National Programme of Action for Children on improving access to free education and reducing school drop-outs.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. The Committee observes that, according to the National Plan of Action to Prevent and Combat Prostitution 2001-05, programmes will be launched to provide prostitutes with education, medical treatment, job training and employment in order to help them reintegrate into the community. The Committee notes that, according to ILO/IPEC Rapid Assessment Study on child prostitution in Hanoi, Hai Phong, Ho Chi Minh City and Can Tho of 2003 (page 70), 4,548 child prostitutes received medical treatment and education in 1998 and 1,590 received vocational training or were offered a job. The Committee asks the Government to provide information on the concrete measures taken pursuant to the National Programme of Action to remove children under 18 years from prostitution and provide for their rehabilitation and social integration.

Clause (d). Identifying and reaching out to children at special risk. 1. Child prostitution. The Committee notes that the Committee on the Rights of the Child (CRC/C/1/Add.200, 18 March 2003, paragraph 47) expressed its concern about the significant proportion of sex workers under 18 years of age. The Committee notes that, according to the ILO/IPEC Rapid Assessment on child prostitution in Hanoi, Hai Phong, Ho Chi Minh City and Can Tho of 2003 (page 10), 37 per cent of prostitutes are children under 18 years of age. The report (page xi) indicates that the ratio of children in prostitution is believed to be steadily increasing: 2.5 per cent in 1989 and 11.4 per cent in 1995. The assessment further points out that most child prostitutes are aged from 15 to 17. However, in the south they tend to start as young as 13 years of age. Child prostitutes are mainly girls and in general they originate from rural areas. The Committee also observes that, according to the Rapid Assessment (page xx), clients are mostly nationals although some foreigners, mainly Asian businessmen (from China, Japan, the Republic of Korea) pay for sexual intercourse with children. With regard to national clients, the majority are state officials and state enterprise employees. Providing sex workers can be part of a business deal. Other clients are people working in the private sector, young people from affluent families, military men and policemen.

The Committee notes that the primary objective of the National Plan of Action to Prevent and Combat Prostitution (Decision No. 151/2000/QD-TTg) for 2001-03 is to eliminate prostitution among juveniles. The programme sets forth nine principal activities and some urgent solutions, including awareness raising, increasing inspections and improving the legal system on the prevention and elimination of prostitution. The Committee also notes that one of the objectives of the National Programme of Action for Children (Decision No. 23/2001/QD-TTg) launched in 2001 is to reduce the number of sexually exploited children. The Committee asks the Government to provide information on the measures taken or envisaged to ensure that measures taken under the National Plan of Action to Prevent and Combat Prostitution and the National Programme of Action for Children do not overlap. It also asks the Government to provide information on the impact of the abovementioned programmes on protecting children under 18 years of age from prostitution.

2. Child trafficking. The Committee notes that according to the UNICEF document entitled "A proposal to reduce child exploitation in Viet Nam" of 2001, it is estimated that thousands of Vietnamese women and children are trafficked both within and outside the country’s border every year. It further states that commercial sexual exploitation is not the only destination for trafficked children, they are also illegally sold for adoption to foreign couples, used as bonded labourers and domestic servants. The Committee notes that the National Programme of Action for Children launched in 2001 by the Government aims at reducing the number of child victims of trafficking. It also notes that one of the objectives of the National Plan of Action to Prevent and Combat Prostitution is to ward off the trafficking of women and children for sexual exploitation. The Committee observes that the Committee on the Rights of the Child (CRC/C/1/Add.200, 18 March 2003, paragraph 49) noted with concern that, although the state party recognizes trafficking in children to be a significant problem, the number of officially reported cases is very low. The Committee accordingly asks the Government to provide information on the concrete measures taken under the two abovementioned programmes and their impact on the elimination of child trafficking.

3. Street children. The Committee notes the Government’s indication to the Committee on the Rights of the Child (CRC/C/65/Add.20, additional report, December 2002, page 35) that the MOLISA, in coordination with the Viet Nam Committee for the Protection, Care and Education of Children and relevant agencies has set up, in 1999, a project to prevent and eliminate the exploitation of street children. It also notes the Government’s indication (CRC/C/65/Add.20, additional report, response to issues raised by the Committee on the Rights of the Child, page 12) that in 2001, there were 21,000 street children in the country. The Committee accordingly asks the Government to provide information on the impact of the abovementioned project on protecting street children from the worst forms of child labour.

Article 8. 1. International cooperation. The Committee notes that Viet Nam is a member of INTERPOL which helps cooperation between countries in the different regions especially in the fight against trafficking of children. It also observes that the Government ratified the Convention on the Rights of the Child in 1990, the Optional Protocol on the Involvement of Children in Armed Conflict and the Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography in 2002.

2. Elimination of poverty. The Committee notes the Government’s indication that almost all cases of child labour in whatever forms are related to the question of poverty. It states that Viet Nam is an agricultural country and two-thirds of its population lives in rural areas. Living standards in rural areas are lower than in urban areas. Shortage of financial resources to cover living costs such as food, health checks and schooling incites children to earn their money and support their families. The Committee also notes that according to the UNICEF document entitled "A proposal to reduce child exploitation in Viet Nam" (2001, page 3), 37 per cent of Vietnamese live in poverty. It also observes that the Prime Minister launched a National Target Programme on Hunger Elimination, Poverty Alleviation and Employment for 2001-05. The overall objectives of the Programme are to create favourable and suitable conditions for supporting poor households and communes in production development, income generation, access to social services, and poverty alleviation. For instance, the programme aims at reducing the percentage of poor households to below ten per cent and to create jobs for 1.4 to 1.5 million people each year. The Committee requests the Government to supply information on any notable impact of the National Target Programme on Hunger Elimination, Poverty Alleviation and Employment towards eliminating the worst forms of child labour.

3. Trafficking of children for sexual exploitation. The Committee notes the Government’s indication to the Committee on the Rights of the Child (CRC/C/65/Add.20, additional report, December 2002, page 28) that Viet Nam takes part in many projects, established by the ILO/IPEC and UNDP, on the prevention of child trafficking in the Mekong region. The Government states that many of the localities that benefited from the projects were able to stop child trafficking. The Government further indicates that Viet Nam and France signed an Agreement in 2000 on the adoption of children, which also aims at preventing child trafficking.

The Committee also notes that Viet Nam is part of an ILO/IPEC project, funded by the United Kingdom Department for International Development (DFID), in the Greater Mekong region (covering parts of Cambodia, China, Laos, Thailand and Viet Nam). This programme seeks to address the prevention, protection and rehabilitation of trafficked women and children. The Committee requests the Government to provide information on the impact of the abovementioned projects with regard to protecting child victims of trafficking and providing for their rehabilitation and social integration.

Part III of the report form. The Committee notes the Government’s indication to the Committee on the Rights of the Child (CRC/C/65/Add.20, additional report, December 2002, page 26) that efforts have been made to detect child traffickers and that severe penalties were imposed on traffickers. The Committee accordingly asks the Government to provide further information on relevant court decisions, and the penalties imposed.

Part V. The Committee notes that a survey on child labour will be conducted with the assistance of the ILO/IPEC beyond 2003-04. The Committee accordingly hopes that the Government will be able to provide, in its next report, further information on the worst forms of child labour, including information on the nature, extent and trends of those 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 penal sanctions applied. To the extent possible, all information provided should be disaggregated by sex.