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

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

Article 9(1) of the Convention. Penalties, labour inspectorate and application of the Convention in practice. The Committee previously noted the Government’s information that Decree No. 91/2011/ND-CP of 17 October 2011 provides for new penalties of fines for various cases of child labour, aimed at deterring the use of child labour in the country, including employing children in massage rooms, in casinos, bars, pubs or places that risk adversely affecting the development of the child, and employing children in certain illicit activities, such as the transport of illegal commodities. The Committee also noted the Government’s information regarding the statistics on the employment of children and young persons, extracted from the reports of the labour inspection services for 2006–10. According to these statistics, in total 1,715 underage workers were detected during this period. The Government indicated that the number of children subjected to heavy labour and in hazardous and dangerous conditions, while decreasing, was as high as 68,000 in 2005 and 25,000 in 2010. The Committee further noted that according to the joint ILO, UNICEF and World Bank report on Understanding Children’s Work (UCW) in Viet Nam of April 2009, an estimated 1.3 million children between the ages of 6 and 17 years were involved in child labour.

The Committee notes the Government’s information that, in 2013, two decrees were issued to strengthen the sanctioning of administrative violations of child labour and juvenile labour, including cases of child labour abuse and using child for certain illicit activities. Moreover, section 296 of the Penal Code of 2015 provides for criminal liability for violations of the law on the employment of workers under 16 years of age, with sanctions of fines, community service and imprisonment of up to 10 years.

The Committee also notes the Government’s information that, in 2012–14, with the support of the ILO, the Ministry of Labour, Invalids and Social Affairs (MOLISA) developed and distributed 1,000 sets of training materials on child labour, and organized two training courses on these materials in the provinces of Ninh Binh and Dong Nai. The labour inspectorate also undertook measures to mainstream child labour in their professional trainings. The Government indicates that, in 2015, the labour inspectorate carried out inspections on compliance with regulations on minor workers in 117 enterprises, involving 88,469 workers. No children under 15 years were found employed. Eighty-six minor workers aged 16–18 were found working mainly in the producing and tracing of apparels and seafood processing, 11 of which had not been documented for health examinations. No other violations regarding child labour were found.

However, the Committee notes that, according to the report of Vietnam National Child Labour Survey of 2012, around 1.75 million working children were categorized as “child labourers”, accounting for 9.6 per cent of the national child population (5–17 years). Among children involved in child labour, 67 per cent worked in agriculture, 16.7 per cent worked in services and 15.7 worked in industry and construction. A significant number of working children operated in open-air workplaces that demanded great mobility and exposed children to activities with high accident risks, extreme temperatures and toxic environments which could inflict injuries and damage children’s physical development. The Committee further notes that the Government is in the process of preparing the second National Survey on Child Labour.

The Committee takes due note of the Government’s information regarding the measures taken, both in law and in practice, to combat child labour. However, it notes with concern that a significant number of children are engaged in child labour in Viet Nam, including in hazardous work and this number appears to be increasing. Moreover, the Committee observes that the results of the labour inspection activities do not reflect the magnitude of child labour in Viet Nam, as indicated in the report of Viet Nam National Child Labour Survey of 2012. The Committee therefore urges the Government to intensify its efforts to ensure the effective elimination of child labour. It also urges the Government to take the necessary measures to strengthen the capacity and expand the reach of the labour inspectorate in its action to prevent and combat child labour, in particular in the informal economy and to provide information on the measures taken in this regard. Lastly, the Committee requests the Government to continue to provide information on the manner in which the Convention is applied in practice, including statistics provided by the National Child Labour Survey on the employment of children under 15 years of age, extracts from the reports of the inspection services and court decisions, as well as information on the number and nature of the violations reported and the sanctions imposed.

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