Solicitud directa (CEACR) - Adopción: 2006, Publicación: 96ª reunión CIT (2007)

Convenio sobre las peores formas de trabajo infantil, 1999 (núm. 182) - Viet Nam (Ratificación : 2000)

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.