Country profile CHN
National Legal Framework
National Legal Framework
| Provision | Legislation date | Convention | Legislation info | sources | Value | sort_order | Provision description | Legislation description |
|---|---|---|---|---|---|---|---|---|
| List of hazardous activities prohibited for children | 2002 | C138 & C182 | Catalogue of Prohibited Types of Work for Juvenile Workers (2002) | [{"link_name":"Catalogue of Prohibited Types of Work for Juvenile Workers (2002)","source_link":"https://www.ilo.org/sites/default/files/2025-02/2014%20Compendium%20of%20hazardous%20child%20labour%20lists%20-%20China.pdf"}] | Yes | 7 | C138 and C182 require the national determination of a list of hazardous work prohibited for children under 18 years of age. The competent authorities should consult with workers' and employers' organizations to determine what types of employment or work are considered to be hazardous. Such a list shall be periodically examined and revised as necessary. | The Catalogue of Prohibited Types of Work for Juvenile Workers (2002) was jointly issued by the Ministry of Labour and Social Security and the Ministry of Health. It enumerates specific types of work that are prohibited for juvenile workers (individuals aged 16 to 18), including: Work involving exposure to toxic chemicals, radioactive substances, or carcinogens. Underground mining operations. Work at heights or in confined spaces. Work involving high temperatures, high pressure, or strong vibrations. Work requiring the handling of explosives or inflammable materials. Night shifts and overtime work. This catalogue serves as the national determination of hazardous work prohibited for children under 18 years of age, in compliance with the requirements of ILO Conventions C138 and C182. |
| Minimum age for hazardous work | 2002 ; 2002 | C138 & C182 | Provisions on the Prohibition of Using Child Labour (2002) ; Catalogue of Prohibited Types of Work for Juvenile Workers (2002) | [{"link_name":"-Provisions on the Prohibition of Using Child Labour (2002)","source_link":"https://natlex.ilo.org/dyn/natlex2/natlex2/files/download/63806/CHN63806%20Eng%202.pdf"},{"link_name":"-Catalogue of Prohibited Types of Work for Juvenile Workers (2002)","source_link":"https://www.ilo.org/sites/default/files/2025-02/2014%20Compendium%20of%20hazardous%20child%20labour%20lists%20-%20China.pdf"}] | 18 | 6 | C138 and C182 set 18 as the minimum age for hazardous work, which is defined as work that, due to its nature or the circumstances in which it is carried out, is likely to jeopardize children’s health, safety or morals. C138 and C182 allow countries to permit hazardous work exceptionally as from 16, provided that the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific instruction or training. | Article 2 of the Provisions on the Prohibition of Using Child Labour (2002) stipulates that it is prohibited to employ minors under the age of 16. The Catalogue of Prohibited Types of Work for Juvenile Workers (2002), Article 1, prohibits the employment of minors under the age of 18 in work that is hazardous, including work involving toxic substances, underground mining, high temperatures, high pressure, and other forms of dangerous labour. These provisions align with the requirements of ILO Conventions C138 and C182, setting 18 as the minimum age for hazardous work |
| Is the use, procuring or offering of children for illicit activities, in particular for the production and trafficking of drugs, prohibited? | 1997 amended in 2023 | C182 | Criminal Law of the People's Republic of China (2023) - Article 347 | [{"link_name":"Criminal Law of the People's Republic of China (2023)","source_link":"https://law.pkulaw.com/chinalaw/3b70bb09d2971662bdfb.html"}] | Yes | 11 | C182 prohibits the use, procuring or offering of children for illicit activities in particular for the production and trafficking of drugs. | Article 347 of the Criminal Law stipulates: "Whoever smuggles, traffics in, transports or manufactures narcotic drugs, regardless of the quantity involved, shall be investigated for criminal responsibility and given criminal punishment." It further states: "Whoever makes use of minors or aids and abets them to smuggle, traffic in, transport or manufacture narcotic drugs or sells narcotic drugs to minors shall be given a heavier punishment." This provision explicitly prohibits the use, procuring, or offering of children for illicit activities related to drug production and trafficking. |
| Is the use, procuring or offering of a child for the purpose of prostitution and for production of pornography prohibited? | 1997 amended in 2023 | C182 | Criminal Law of the People's Republic of China (2023 Amendment) - Articles 358, 359, 363, 364, 365 | [{"link_name":"Criminal Law of the People's Republic of China (2023 Amendment)","source_link":"https://law.pkulaw.com/chinalaw/3b70bb09d2971662bdfb.html"}] | Yes | 10 | C182 prohibits the use of a child under the age of 18 for prostitution, regardless of the child's consent. The use, procuring or offering of any person under the age of 18 for commercial sexual exploitation constitutes a worst form of child labour, even if prostitution is a legalised. In regard to the prohibition of child pornography, States need to make sure that national legislation addresses the involvement of a child in the production of pornographic materials, including non-recorded performances. | Article 358 of the Criminal Law prohibits organising or forcing others into prostitution while Article 359 sets aggravated penalties when the victim is a girl under the age of 14. Article 359 criminalises luring, sheltering, or introducing others into prostitution, with increased penalties if the victim is under 14. Article 363 penalises the production, reproduction, publication, sale, or dissemination of pornographic materials for profit. Article 364 addresses the dissemination of pornographic materials to minors under 18, prescribing heavier punishments. Article 365 prohibits organising pornographic performances. |
| Is forced or compulsory recruitment of children under 18 for use in armed conflict prohibited? | 2011 | C182 | Military Service Law of the People's Republic of China (2011 Amendment) - Article 20 | [{"link_name":"Military Service Law of the People's Republic of China (2011 Amendment)","source_link":"https://npcobserver.com/legislation/military-service-law/"}] | N/A | 9 | C182 defines forced or compulsory recruitment of children under 18 for use in armed conflict as a worst form of child labour. Nevertheless, C182 only prohibits the forced or compulsory recruitment of children under 18, and does not cover the voluntary recruitment of children under 18. | Article 20 of the Military Service Law stipulates that male citizens who have reached the age of 18 shall be enlisted for active service. The law does not contain provisions that explicitly prohibit the forced or compulsory recruitment of individuals under the age of 18 into the armed forces. |
| Is the sale and trafficking of children for sexual and labour exploitation prohibited? | 1997 amended in 2023 ; 2020 | C182 | Criminal Law of the People’s Republic of China (amended 2023) - Article 240 ; Law on the Protection of Minors (2020) - Articles 4, 54 | [{"link_name":"-Criminal Law of the People\u2019s Republic of China (amended 2023)","source_link":"https://law.pkulaw.com/chinalaw/3b70bb09d2971662bdfb.html"},{"link_name":"-Law on the Protection of Minors (2020)","source_link":"https://www.chinalawtranslate.com/en/protection-of-minors-2020/#gsc.tab=0"}] | Yes | 8 | C182 defines all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour as worst forms of child labour. | Article 240 of the Criminal Law of the People’s Republic of China (2015 Amendment) prohibits the abduction and trafficking of children. It states: “Whoever abducts and traffics in a woman or a child shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years, and shall also be fined.” The provision further establishes heavier penalties under aggravating circumstances. In addition, Article 54 of the Law on the Protection of Minors (2020) prohibits any organisation or individual from abducting, trafficking in, or sexually assaulting a minor, or from organising, coercing, inducing, or using a minor to beg or engage in other illegal or criminal activities. Article 4 of the same law affirms the State's duty to protect minors from such violations. |
| Minimum age for admission to apprenticeship | 1994-07-05 ; 2022-04-20 | C138 | Labour Law of the People’s Republic of China (1994) - Article 15 ; Vocational Education Law of the People’s Republic of China (2022) - Article 30 | [{"link_name":"-Labour Law of the People\u2019s Republic of China (1994)","source_link":"https://natlex.ilo.org/dyn/natlex2/natlex2/files/download/37357/CHN37357%20Eng.pdf"},{"link_name":"-Vocational Education Law of the People\u2019s Republic of China (2022)","source_link":"http://en.npc.gov.cn.cdurl.cn/2022-04/20/c_909970.htm#:~:text=Article%2030%20The%20state%20promotes,workers%2C%20especially%20enterprises%20integrating%20production"}] | No | 5 | C138 does not apply to work done in school for general, vocational or technical education or in training institutions or work done by children at least 14 years of age in undertakings, where such work is carried out in accordance with conditions prescribed by the competent authority. Such work must be an integral part of: (i) a course of education or training for which a school or training institution is primarily responsible; (ii) a programme of training mainly or entirely in an undertaking, which programme has been approved by the competent authority; or (iii) a programme of guidance or orientation designed to facilitate the choice of an occupation or of a line of training. | Article 15 of the Labour Law prohibits employment of individuals under the age of 16. Article 30 of the Vocational Education Law encourages the establishment of apprenticeships by enterprises and promotes school-enterprise cooperation. However, neither law specifies the minimum age for admission to apprenticeship programmes, nor are there conditions defined by a competent authority in law or regulation regarding such age. Therefore, the minimum age for admission to apprenticeship is not specified in national legislation. |
| Is the minimum age for admission to work not less than the age for completion of compulsory schooling? | 1986-04-12 ; 1994-07-05 | C138 | Compulsory Education Law of the People’s Republic of China (1986, amended 2006) - Article 11 ; Labour Law of the People’s Republic of China (1994) - Article 15 | [{"link_name":"-Compulsory Education Law of the People\u2019s Republic of China (1986, amended 2006)","source_link":"http://en.moe.gov.cn/documents/laws_policies/201506/t20150626_191391.html"},{"link_name":"-Labour Law","source_link":"https://natlex.ilo.org/dyn/natlex2/natlex2/files/download/37357/CHN37357%20Eng.pdf"}] | Yes | 4 | C138 requires that the minimum age for admission to work shall not be less than the age of completion of compulsory schooling and, in any case, shall not be less than 15 years. | Article 11 of the Compulsory Education Law provides that the State implements a system of nine years of compulsory education while Article 5 states that the age at which compulsory schooling begins is 6 years old. Article 15 of the Labour Law prohibits the employment of any person under the age of 16. As the legal duration of compulsory education concludes at 15 years, and the minimum age for employment is 16, the minimum age for admission to work is not less than the age for completion of compulsory schooling, in accordance with the requirements of Convention No. 138. |
| Light work - Determination of types and conditions of activities | 2002-09-18 | C138 | Regulations Banning Child Labour (2002) - Section 13(1) | [{"link_name":"-Regulations Banning Child Labour (2002)","source_link":"https://natlex.ilo.org/dyn/natlex2/natlex2/files/download/63806/CHN63806%20Eng%202.pdf"},{"link_name":"-CEACR Observation","source_link":"https://normlex.ilo.org/dyn/nrmlx_en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P13100_COUNTRY_ID:4411385,103404"}] | N/A | 3 | If the country chooses to allow light work, States must determine what activities are considered light work, and the hours and the circumstances under which they may be carried out. | Light work not permitted under national law therefore this provision is not applicable. |
| Minimum age for light work | 2002-09-18 | C138 | Regulations Banning Child Labour (2002) - Section 13(1) | [{"link_name":"-Regulations Banning Child Labour (2002)","source_link":"https://natlex.ilo.org/dyn/natlex2/natlex2/files/download/63806/CHN63806%20Eng%202.pdf"},{"link_name":"-CEACR Observation","source_link":"https://www.ilo.org/normlex-permalink/comment/en/4411385"}] | N/A | 2 | C138 defines light work as work that does not interfere with children’s schooling, or their ability to benefit from it, and that is not hazardous. C138 allows countries to permit light work for children younger than the general minimum age. For countries that set the minimum age at 15, this means children aged 13-14, and for those that set it at 14, children aged 12-13 may engage in light work. | Section 13(1) of the 2002 Regulations Banning Child Labour allows arts and sports organisations to recruit children under 16 as professional artists or athletes with the consent of parents or legal guardians. However, according to the CEACR (2024), China has not established a legal system requiring individual permits from a competent authority for each child under 16, as required under Article 8 of Convention No. 138. Therefore, light work is not generally permitted, and the permitted exceptions do not fully comply with the Convention. |
| Minimum age for admission to work | 1994-07-05 ; 1986-04-12 | C138 | Labour Law of the People’s Republic of China (1994) - Article 15 ; Compulsory Education Law - Article 2 | [{"link_name":"-Labour Law of the People\u2019s Republic of China (1994)","source_link":"https://natlex.ilo.org/dyn/natlex2/natlex2/files/download/37357/CHN37357%20Eng.pdf"},{"link_name":"-Compulsory Education Law","source_link":"http://en.moe.gov.cn/documents/laws_policies/201506/t20150626_191391.html"}] | 16 | 1 | C138 establishes 15 as the minimum age for work in general. Developing countries have the option of setting a minimum age of 14 as a transitional measure as they strengthen their education systems and economies. | Article 15 of the Labour Law prohibits the employment of individuals under the age of 16. This aligns with the Compulsory Education Law, which mandates nine years of compulsory education, typically completed between the ages of 6 and 15. By setting the minimum age for admission to work at 16, China ensures that all children complete their compulsory education before entering the workforce, in accordance with the requirements of ILO Convention No. 138. |
International Legal Framework
International Legal Framework
| Ratification status | Convention | Convention description | Date of ratification | Source |
|---|---|---|---|---|
| in-force | C182 | Worst Forms of Child Labour Convention, 1999 (No. 182) | 08-AUG-2002 | Source |
| in-force | C138 | Minimum Age Convention, 1973 (No. 138) | 28-APR-1999 | Source |
Policies and Plans
Policies and Plans
| Description | sources | Period | Policy name | Implementing agency |
|---|---|---|---|---|
| According to the CEACR Direct Request on Convention No. 182, 2017, "The Committee also noted the Government’s information concerning the Plan of Action against Human Trafficking (2013–20), as well as the Anti-Trafficking Inter-Ministerial Joint Meeting (IMJM) of the State Council, which involves coordinating the implementation of action plans against trafficking in persons, comprehensively sanctioning trafficking crimes, and improving the long-term anti-trafficking mechanisms with respect to prevention, prosecution, assistance and rehabilitation. The Committee further noted that, between June 2010 and May 2014, 12,752 persons were prosecuted in 6,154 cases for abducting and trafficking women and children under section 240 of the Criminal Code, and 1,122 persons in 286 cases were convicted of buying trafficked women and children under section 241. | [{"link_name":"CEACR Direct Request","source_link":"https://normlex.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID:3341721"}] | 2013-2020 | Plan of Action against Human Trafficking (2013–20) | No information |
| According to the CEACR Direct Request on Convention No. 182, 2021, "Plan of Action against Human Trafficking 2021–2030. The Committee notes the Government’s information in its report that the General Office of the State Council issued China’s Plan of Action against Human Trafficking 2021-2030. This plan of action aims to establish a work pattern featuring government responsibility, inter-departmental coordination, social synergy, citizen participation, and optimization of a long-term mechanism against human trafficking that integrates prevention, combating, assistance and rehabilitation.The Committee requests the Government to provide information on the measures taken within the framework of the Plan of Action against Human Trafficking 2021-2030 to prevent and combat the trafficking of children under 18 years and the results achieved. | [{"link_name":"CEACR Direct Request","source_link":"https://normlex.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:13100:0::NO::P13100_COMMENT_ID:3341721"}] | 2021-2030 | Plan of Action against Human Trafficking (2021–2030) | No information |