Observation (CEACR) - adoptée 2020, publiée 109ème session CIT (2021)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Viet Nam (Ratification: 2000)

Article 3(b) of the Convention. Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. The Committee previously noted the Government’s information on the implementation of the Programme of Action to Combat Prostitution (PACP) 2011–2015. However, no concrete information on specific measures targeting child prostitution was provided in the Government’s report. The Committee also noted that, according to section 147 of the 2015 Criminal Code, persuading, enticing and forcing a person under 16 years of age to participate in a pornographic performance constituted an offence. However, the provisions of the 2015 Criminal Code did not appear to prohibit the use, procuring or offering of a child aged 16–18 for the production of pornography or for pornographic performances. The Committee therefore urged the Government to take the necessary measures to ensure that the use, procuring or offering of a child under 18 years for the production of pornography or for pornographic performances was prohibited. It also requested the Government to provide information on the targeted measures undertaken to combat the commercial sexual exploitation of children under 18 years of age, as well as on the results achieved.

The Committee notes the Government’s information in its report that the PACP 2016–2020 has been adopted and implemented with measures to eliminate prostitution, including prostitution of children under 18 years of age. The Government also indicates that Viet Nam signed up to the statements of actions against the use of the internet for the sexual exploitation of children at the 2014 Summit in London, aimed at tackling online child sexual exploitation. The Committee also notes that, according to the statistical information provided by the Government, from 2016 to 2018, the authorities detected and prosecuted a large number of persons violating regulations on prostitution, including six persons who were punished under the criminal law for buying sex from children. During the first six months of 2019, four cases involving the purchase of sex from persons under 18 years of age were recorded, of which two were referred to the People’s Prosecutor’s Office. The Government also refers to the arrest and extradition of a US citizen to the US authorities, who was prosecuted for the crime of “receipt and distribution of child pornography” and “keeping child pornography”.

While taking note of the measures undertaken by the Government, the Committee once again reminds the Government that, by virtue of Article 3(b) of the Convention, the use, procuring or offering of a child under 18 years for the production of pornography or for pornographic performances, is considered as one of the worst forms of child labour, while section 147 of the Criminal Code only punishes persuading, enticing and forcing a person under 16 years to participate in a pornographic performance. The Committee therefore strongly urges the Government to take the necessary measures to ensure that the use, procuring or offering of a child under 18 years for the production of pornography or for pornographic performances is prohibited, by amending section 147 of the 2015 Criminal Code, and to provide information on any progress made in this regard. The Committee also requests the Government to continue to provide information on the targeted measures undertaken to combat the commercial sexual exploitation of children under 18 years of age, as well as on the results achieved, including the number of persons arrested, prosecuted and sentenced for the commercial sexual exploitation of children, as well as the penalties imposed.

Article 7(2)(b). Effective and time-bound measures to provide assistance for the removal of children in the worst forms of child labour and for their rehabilitation and social integration. Child victims of commercial sexual exploitation. The Committee previously noted that the Committee on the Rights of the Child (CRC) expressed its concern about the increasing number of children involved in commercial sexual activity. The CRC also expressed its concern that children who were sexually exploited were likely to be treated as criminals by the police, and that there was a lack of specific child-friendly reporting procedures. The Committee requested the Government to provide concrete information on the effective and time-bound measures taken to remove children from commercial sexual exploitation and to provide them with the appropriate assistance for their social integration.

The Committee notes the Government’s information that, from 2016 to 2018, there were 113 persons under 18 years of age among 13,341 documented persons engaged in prostitution. The Government also indicates that three persons under 18 years of age who were engaged in prostitution were detected during police activities, of which one received punishment. In the first six months of 2019, four persons under 18 years of age were found engaged in prostitution, of which three received administrative penalties. The Government further indicates that, as reported by the Supreme People’s Prosecutor’s Office, the number of children engaged in prostitution increased during the first six months of 2019, with many children of ethnic minorities, living in remote areas or in difficult circumstances. The Committee also notes that Decree No. 56/2017/ND-CP was adopted in September 2017 to implement some provisions of the 2016 Child Law regarding child abuse, including sexual abuse. The Decree also provides that children in special circumstances, including sexually abused children, are entitled to healthcare, social assistance, education and vocational training assistance, legal assistance, psychological counselling, and other child protection services. In 2017–18, 48.28 per cent of the sexually abused children were provided with psychological assistance; 15.96 per cent of the children were provided with social assistance; 9.41 per cent of the children were provided with healthcare; 6.27 per cent were provided with legal assistance; 1.57 per cent were provided with assistance in education and vocational training; and 3.53 per cent were provided with other child protection services. However, the Committee observes that it is not clear whether the sexually abused children are victims of commercial sexual exploitation.

Noting that several persons under 18 years received administrative penalties for their engagement in prostitution, the Committee must emphasize that children who are used, procured or offered for prostitution should be treated as victims, and not as offenders (see the 2012 General Survey on the fundamental Conventions, paragraph 510). The Committee therefore requests the Government to take the necessary measures to ensure that children engaged in prostitution are treated as victims rather than offenders and therefore are not punished for their engagement in prostitution, and that they receive the services necessary for their rehabilitation and social integration. It also requests the Government to provide information on any progress made or results achieved in this regard, including the training provided to relevant authorities dealing with prostitution, as well as the number of children identified as victims of commercial sexual exploitation and provided with assistance for their rehabilitation and social integration, through education, vocational training or jobs. The Committee finally requests the Government to clarify the definition of sexual abuse under the 2016 Child Law and to ensure that the information provided reflects the situation of child victims of commercial sexual exploitation, including prostitution.

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