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

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

Article 1 of the Convention. National Policy. The Committee previously noted the adoption of the Programme to Prevent and Reduce Child Labour for the period of 2016 – 2020, and requested the Government to provide information on its implementation, as well as the results achieved.

The Committee notes the Government’s information in its report that 41 out of 63 provincial authorities issued local plans to implement the Programme to Prevent and Reduce Child Labour for the period of 2016 – 2020. The Government also refers to various activities carried out within the framework of the Programme, including: (i) the development of guiding documents to implement the Law on child of 2016 regarding prevention and reduction of child labour; (ii) the awareness raising activities regarding children participating in economic activities, children at risk and child labour; (iii) capacity building activities and trainings for governmental officials, civil servants and social workers working in child protection and education at all levels ; and (iv) establishment of child protection systems in 43 out of 63 provinces. The Government also indicates that measures have been taken to ensure the monitoring, supervision and evaluation of the programme implementation at local level. Considering that the current Programme to Prevent and Reduce Child Labour expires in 2020, the Committee requests the Government to provide information on the evaluation of its implementation, as well as the results achieved in terms of the number of children withdrawn from child labour. It also requests the Government to indicate if a new Programme is planned and to provide a copy once adopted.

Article 8. Artistic performances. The Committee previously noted the Government’s information that Circular No. 11/2013/TT-BLDTHXH of June 2013 provides for a list of work activities in which children under 13 years of age may be employed, including work as actors, singers, dancers and athletes. The Committee therefore requested Government to indicate whether children under 13 years of age who participate in artistic and sport performances are allowed to do so following permits issued by the competent authority in individual cases.

The Committee notes that the Labour Code No. 45/2019/QH14 was adopted in November 2019 and will take effect from 1 January 2021. According to its section 145(3), the employment of children under 13 years of age in artistic and sport performances shall be permitted by the provincial labour authority. Section 145(4) further provides that the Minister of Labour, War Invalids and Social Affairs shall elaborate implementing regulations of section 145 regarding the employment of children under 15 years of age. The Committee requests the Government to provide information on any progress made regarding the development of implementing regulations concerning the employment of children under 13 years in artistic and sport performances. It also requests the Government to provide information on the application in practice of section 145(3) of the Labour Code of 2019, including the number of children who received permits from the provincial labour authority.

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

Article 9(1) of the Convention. Penalties, labour inspectorate and application of the Convention in practice. In its previous comments, the Committee noted that administrative sanctions for child labour are provided for by several decrees. Moreover, section 296 of the Penal Code of 2015 provides for criminal liability for violations of the law on the employment of children. However, the Committee noted that a significant number of children were engaged in child labour in Viet Nam, and that the results of the labour inspection activities did not reflect the magnitude of child labour in Viet Nam, as indicated in the report of the Viet Nam National Child Labour Survey of 2012. The Committee also noted that the Government was in the process of preparing the second National Survey on Child Labour. The Committee urged the Government to strengthen the capacity and expand the reach of the labour inspectorate in its action to prevent and combat child labour. It also requested the Government to continue to provide information on the manner in which the Convention was applied in practice.

The Committee notes the Government’s information in its report that there are no cases of child labour detected during the labour inspection activities. However, according to information provided by 30 authorities at provincial and city level, 83 children who perform work illegally were detected. The Government also indicates that 120 labour inspectors from 63 Department of Labour, Invalids and Social Affairs our have participated in capacity building activities on child labour. Training contents included relevant laws, inspection process and skills in inspecting the use of child labour. In addition, 286 inspectors at the local level received training on the detection, inspection and examination of child labour. The Committee also notes that, according to the National Child Labour Survey 2018, 1,031,944 working children were classified as involved in “child labour”, accounting for 5.4 per cent of the 5–17 year-old population and 58.8 per cent of working children. Among these, 519,805 children worked in heavy, dangerous and hazardous work with a rate of nearly 50.4 per cent of the total number of children in child labour. The Committee takes due note that, the total number of children involved in child labour has decreased compared with the results of the National Child Labour Survey 2012 (1.75 million). However, it notes with concern that there is still a significant number of children engaged in child labour, particularly in hazardous work. 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 the Viet Nam National Child Labour Survey of 2018. The Committee therefore urges the Government to intensify its efforts to ensure the effective elimination of child labour. It once again urges the Government to strengthen the capacity and expand the reach of the labour inspectorate in its action to detect, monitor, prevent and combat child labour, and to provide detailed information on the measures taken in this regard. The Committee also requests the Government to continue to provide information on the manner in which the Convention is applied in practice, including 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.

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

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 1 of the Convention. National Policy. The Committee notes the Government’s information that the Programme to Prevent and Reduce Child Labour for the period of 2016–20 was adopted by Prime Minister’s Decision No. 1023/OD TTG on 7 June 2016. The Programme aims at effectively implementing necessary measures to prevent and reduce child labour, promptly detecting children at risk and child labourers and providing timely intervention and support to reintegrate them into the community with opportunity to develop. The Committee therefore requests the Government to provide information on the implementation of the Programme to Prevent and Reduce Child Labour for the period of 2016–20 and its results achieved.

Article 8. Artistic performances. The Committee notes the Government’s information that Circular No. 11/2013/TT-BLDTHXH of June 2013 provides for a list of work activities in which children under 13 years of age may be employed, including work as actors, singers, dancers and athletes. The Committee recalls that, by virtue of Article 8 of the Convention, the competent authority may, by permits granted in individual cases, allow exceptions to the prohibition of employment or work provided for in Article 2 of this Convention, for such purposes as participation in artistic performances. Permits so granted shall limit the number of hours during which and prescribe the conditions in which employment or work is allowed. The Committee therefore requests that the Government indicate whether children under 13 years of age who participate in artistic and sport performances are allowed to do so following permits issued by the competent authority in individual cases. If not, it requests the Government to take the necessary measures to establish a system of individual permits to be granted for children under 13 years who participate in artistic and sport performances, and to limit the hours during which, and prescribe the conditions in which, such employment or work is allowed.

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

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

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.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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

Article 1 of the Convention. National Policy. The Committee notes the Government’s information that the Programme to Prevent and Reduce Child Labour for the period of 2016–20 was adopted by Prime Minister’s Decision No. 1023/OD-TTG on 7 June 2016. The Programme aims at effectively implementing necessary measures to prevent and reduce child labour, promptly detecting children at risk and child labourers and providing timely intervention and support to reintegrate them into the community with opportunity to develop. The Committee therefore requests the Government to provide information on the implementation of the Programme to Prevent and Reduce Child Labour for the period of 2016–20 and its results achieved.

Article 8. Artistic performances. The Committee notes the Government’s information that Circular No. 11/2013/TT-BLDTHXH of June 2013 provides for a list of work activities in which children under 13 years of age may be employed, including work as actors, singers, dancers and athletes. The Committee recalls that, by virtue of Article 8 of the Convention, the competent authority may, by permits granted in individual cases, allow exceptions to the prohibition of employment or work provided for in Article 2 of this Convention, for such purposes as participation in artistic performances. Permits so granted shall limit the number of hours during which and prescribe the conditions in which employment or work is allowed. The Committee therefore requests that the Government indicate whether children under 13 years of age who participate in artistic and sport performances are allowed to do so following permits issued by the competent authority in individual cases. If not, it requests the Government to take the necessary measures to establish a system of individual permits to be granted for children under 13 years who participate in artistic and sport performances, and to limit the hours during which, and prescribe the conditions in which, such employment or work is allowed.

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

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.

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

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 7(1) of the Convention. Minimum age for admission to light work. The Committee previously noted that the provisions under Circular No. 21/1999/TT-BLDTBXH on employing children under 15 years of age allowed children of 12 years of age to carry out light work activities as listed in the Circular. The Committee requested the Government to take the necessary measures to ensure that children under 13 years of age were not employed in light work in accordance with Article 7(1) of the Convention.

The Committee notes with interest the Government’s information that a number of revisions in the provisions of the Labour Code were adopted in 2012, including the adoption of section 164, which provides that employers are only entitled to employ children over 13 years of age in light work, and under the condition that the working hours must be arranged in order not to prejudice their attendance at school and that the occupational safety and health of these children must be ensured. Moreover, the Committee notes the adoption in June 2013 of Circular No. 11/2013/TT-BLDTBXH, which replaces Circular No. 21/1999/TT-BLDTBXH, and which provides a list of light work activities in which children over 13 years of age may be employed. This list includes work as a singer, dancer, actor, or athlete, and work in traditional occupations, arts and crafts, manufacturing of home appliances, or rearing silkworms.

However, the Committee notes that, by virtue of section 164(3) of the Labour Code of 2012, the employment of children under the age of 13 years is nevertheless allowed in some specific work regulated by the Ministry of Labour, Invalids and Social Affairs. Recalling that Article 7(1) of the Convention authorizes only children who have attained the age of 13 years to engage in light work which is not likely to harm their health or development, the Committee requests the Government to indicate in its next report whether regulations pursuant to section 164(3) of the Labour Code have been adopted.

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

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Application of the Convention in practice. The Committee previously 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 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, 1,012 underage workers were detected in 2006; 101 in 2007; 501 in 2008; 496 in 2009; and 101 in 2010. However, the Government also indicates 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. In this regard, the Government provides information on the new penalties provided in Decree No. 91/2011/ND-CP of 17 October 2011 and imposed in various cases of child labour, aimed at deterring the use of child labour in the country. These penalties include: a caution or fine of 1 to 5 million Vietnamese dong (VND) for parents who force their children to work too hard or overtime in a manner that affects their studies; a fine of VND10 to 20 million for employing children in certain types of work, such as working in massage rooms, in casinos, bars, pubs or places that risk adversely affecting the development of the child; a fine of VND20 to 40 million for employing children in certain illicit activities, such as the transport of illegal commodities.

The Committee takes due note of the Government’s information regarding the measures adopted to combat child labour. However, the Committee notes that, in its concluding observations of 15 June 2012 (CRC/C/VNM/CO/3-4, paragraph 68), the Committee on the Rights of the Child expresses its concern that child labour remains widespread in the country, in particular in the informal economy, and that labour inspection outreach is limited. The Committee therefore observes that the statistics provided by the Government and taken from the labour inspection reports may not take into account the high number of children working in the informal economy in Viet Nam, as reflected in the joint ILO, UNICEF and World Bank report on UCW of April 2009. It must therefore once again express its deep concern at the prevalence of child labour in the country. The Committee urges the Government to intensify its efforts to ensure the effective elimination of child labour. It requests the Government to take practical 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. The Committee also requests the Government to continue to provide information on the manner in which the Convention is applied in practice, based in particular on statistics on the employment of children under 15 years of age, extracts from the reports of the inspection services and 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.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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

Article 7(1) of the Convention. Minimum age for admission to light work. The Committee previously noted that the provisions under Circular No. 21/1999/TT-BLDTBXH on employing children under 15 years of age allowed children of 12 years of age to carry out light work activities as listed in the Circular. The Committee requested the Government to take the necessary measures to ensure that children under 13 years of age were not employed in light work in accordance with Article 7(1) of the Convention.

The Committee notes with interest the Government’s information that a number of revisions in the provisions of the Labour Code were adopted in 2012, including the adoption of section 164, which provides that employers are only entitled to employ children over 13 years of age in light work, and under the condition that the working hours must be arranged in order not to prejudice their attendance at school and that the occupational safety and health of these children must be ensured. Moreover, the Committee notes the adoption in June 2013 of Circular No. 11/2013/TT-BLDTBXH, which replaces Circular No. 21/1999/TT-BLDTBXH, and which provides a list of light work activities in which children over 13 years of age may be employed. This list includes work as a singer, dancer, actor, or athlete, and work in traditional occupations, arts and crafts, manufacturing of home appliances, or rearing silkworms.

However, the Committee notes that, by virtue of section 164(3) of the Labour Code of 2012, the employment of children under the age of 13 years is nevertheless allowed in some specific work regulated by the Ministry of Labour, Invalids and Social Affairs. Recalling that Article 7(1) of the Convention authorizes only children who have attained the age of 13 years to engage in light work which is not likely to harm their health or development, the Committee requests the Government to indicate in its next report whether regulations pursuant to section 164(3) of the Labour Code have been adopted.

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

Part V of the report form. Application of the Convention in practice. The Committee previously 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 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, 1,012 underage workers were detected in 2006; 101 in 2007; 501 in 2008; 496 in 2009; and 101 in 2010. However, the Government also indicates 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. In this regard, the Government provides information on the new penalties provided in Decree No. 91/2011/ND-CP of 17 October 2011 and imposed in various cases of child labour, aimed at deterring the use of child labour in the country. These penalties include: a caution or fine of 1 to 5 million Vietnamese dong (VND) for parents who force their children to work too hard or overtime in a manner that affects their studies; a fine of VND10 to 20 million for employing children in certain types of work, such as working in massage rooms, in casinos, bars, pubs or places that risk adversely affecting the development of the child; a fine of VND20 to 40 million for employing children in certain illicit activities, such as the transport of illegal commodities.

The Committee takes due note of the Government’s information regarding the measures adopted to combat child labour. However, the Committee notes that, in its concluding observations of 15 June 2012 (CRC/C/VNM/CO/3-4, paragraph 68), the Committee on the Rights of the Child expresses its concern that child labour remains widespread in the country, in particular in the informal economy, and that labour inspection outreach is limited. The Committee therefore observes that the statistics provided by the Government and taken from the labour inspection reports may not take into account the high number of children working in the informal economy in Viet Nam, as reflected in the joint ILO, UNICEF and World Bank report on UCW of April 2009. It must therefore once again express its deep concern at the prevalence of child labour in the country. The Committee urges the Government to intensify its efforts to ensure the effective elimination of child labour. It requests the Government to take practical 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. The Committee also requests the Government to continue to provide information on the manner in which the Convention is applied in practice, based in particular on statistics on the employment of children under 15 years of age, extracts from the reports of the inspection services and information on the number and nature of the violations reported and the sanctions imposed.

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

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

Article 7(1) of the Convention. Minimum age for admission to light work. The Committee had previously noted that the provisions under Circular No. 21/1999/TT-BLDTBXH on employing children under 15 years of age allowed children of 12 years of age to carry out light work activities as listed in the Circular. It had also noted the Government’s explanation that the employment of children at the age of 12 years is allowed in less physically demanding traditional and cultural jobs involving traditional skills transferred from generation to generation which require a combination of training and practice from an early age. Recalling that Article 7(1) of the Convention authorizes only children who have attained the age of 13 years to engage in light work, including traditional and cultural jobs, which is not likely to harm their health or development, the Committee had requested the Government to take the necessary measures to bring the national laws and regulations into line with the Convention. The Committee notes the Government’s indication that it is in the process of reviewing the Labour Code. It notes the Government’s statement that during the revision process, priority will be given to provisions related to the minimum age for employment and thereby ensuring its commitment to Convention No. 138. In this regard, the Committee requests the Government to take the necessary measures, within the framework of the revision of the Labour Code, to ensure that children under 13 years of age are not employed in light work in accordance with Article 7(1) of the Convention. It requests the Government to provide information on any progress made in this regard.

Part V of the report form. Application of the Convention in practice. The Committee notes that according to the data provided by the Government in its report, 53 enterprises employing a total of 496 young persons were inspected in 2009, out of which 33 children were under the age of 16 years, including seven children working in hazardous and dangerous conditions. In 2010, 46 enterprises employing a total of 101 young persons were inspected, out of which 20 children were under the age of 16 years. The Committee notes the Government’s information that most of the young persons were found working in the garment industry, embroidery, aquaculture processing, agro-product processing, handicraft and fine arts, production of building materials and bricks, cashew nut husking, scrap classification, and seagrass mat weaving. The Committee notes the Government’s indication that warnings were issued to employers for employing children in hazardous types of work. The Committee takes note from the Government’s report of recently completed action plans, as well as ongoing action plans, for eliminating child labour. However, the Committee notes that according to the joint ILO, UNICEF and World Bank report on Understanding Children’s Work (UCW) in Vietnam of April 2009, an estimated 1.3 million children between the ages of 6 to 17 years are involved in child labour. The Committee expresses its deep concern at the high number of children engaged in child labour in Vietnam and requests the Government to redouble its efforts to improve the situation. It requests the Government to provide information on the measures taken in this regard. The Committee also requests the Government to continue providing statistical information on the employment of children and young persons, disaggregated by age, extracts from the reports of inspection services as well as the number and nature of the contraventions reported and penalties imposed.

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

Article 2, paragraph 1, of the Convention. Scope of application. The Committee had previously observed that the provisions of section 228 of the Criminal Code and section 7 of the Law on Protection, Care and Education of Children appeared to apply only to the employment of children in hard and hazardous types of work without directly concerning self-employed children under 15 years of age. It had accordingly requested the Government to indicate the measures taken or envisaged to ensure that self-employed children benefit from the protection laid down in the Convention. The Committee notes the Government’s statement that besides the general prohibition on work by children under 15 years in the Labour Code and exceptions with regard to the types of light work listed under Circular No. 21/1999/TT-BLDTBXH, the State has initiated several policies for self-employed children under 15 years. These include referring them to social centres; and encouraging their families to support them to attend a school or vocational training school while working until they reach the age of 15 years. The Committee also notes the Government’s reference to other programmes implemented by the Government to improve the situation of children such as: (i) the National Action Programme on Children; (ii) programmes to prevent and solve the problems of street children, sexually abused children and children working in hazardous and dangerous works; (iii) programmes to take care of orphans and other disabled children; and (iv) providing financial assistance to families who adopt orphans and abandoned children.

Article 6. Apprenticeship and vocational training. The Committee had previously noted section 22 of the Labour Code which states that students at a trade training centre must be at least 13 years of age, except in the case of trades in respect of which the Ministry of Labour, War Invalids and Social Affairs (MOLISA) determines otherwise and must be sufficiently healthy to satisfy the requirement of the trade. It had observed that the new Law on vocational training (taking effect as of 1 June 2007) did not specify a minimum age for vocational training and hence it appeared that section 22 of the Labour Code which specified a minimum age of 13 years for vocational training continued to apply. It had accordingly asked the Government to provide information on the measures taken or envisaged to ensure that no one under 14 years of age carried out an apprenticeship. The Committee notes the Government’s information that, as per the Labour Code, the minimum age for vocational training is 13 years. The Government further states that, though the Law on Vocational Training does not indicate a minimum age for vocational training, sections 18 and 25 of the Law set out certain conditions for entry into secondary vocational schools and vocational colleges. Accordingly, only graduates from elementary secondary schools (which means the student is at least 15 years old) are admitted to secondary vocational schools and those graduated from secondary vocational schools (at least 18 years old) are admitted to vocational colleges. The Committee also notes the Government’s statement that millions of students attend vocational training courses every year. In 2007, 1,436,500 students were enrolled in secondary vocational schools and vocational colleges; in 2008, 1,538,000 students were enrolled; and, in 2009, an estimated 1,640,000 students, including 1,335,000 students in elementary vocational schools, were enrolled. The Committee further notes the Government’s information in its report under Convention No. 182 that the proportion of children attending all levels of school has increased and the proportion of repeaters and school drop-outs has decreased. In 2007–08, 96.06 per cent of children attended primary school, while 82.6 per cent of children attended secondary school.

Article 7, paragraph 1. Minimum age for admission to light work. The Committee had previously noted that the provisions under Circular No. 21/1999/TT-BLDTBXH on employing children under 15 years of age allowed children of 12 years of age to carry out light work activities as listed in the Circular. The Committee had requested the Government to take the necessary measures to ensure that children under 13 years of age are not employed in light work. The Committee notes the Government’s explanation that the employment of children at the age of 12 years is allowed in less physically demanding traditional and cultural jobs involving traditional skills transferred from generation to generation which require a combination of training and practice from an early age. The Committee recalls, however, that Article 7(1) of the Convention authorizes only children who have attained the age of 13 years to engage in light work, including traditional and cultural jobs, which is not likely to harm their health or development. The Committee, therefore, once again requests the Government to take the necessary measures to bring the national laws and regulations into line with the Convention and to allow children to be employed in light work only from the age of 13 years.

Part V of the report form. Application of the Convention in practice. The Committee notes the statistical information provided by the Government. According to this data, in 2007, the labour inspectors conducted inspections 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 notes the Government’s statement that the juvenile workers were mainly employed in low-skilled manual jobs in garment, leather or woodwork manufacturing enterprises. The Committee also notes the Government’s statement that it is due to the limited awareness of labour legislation and regulations on juvenile workers, that non‑compliance or inadequate compliance with some regulations have been reported. The Committee requests the Government to continue providing information on the application of the Convention in practice, including statistical data on the employment of children and young persons, extracts of inspection reports and information on the number and nature of contraventions reported 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 1 of the Convention. National policy designed to ensure the effective abolition of child labour. 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 concerning the policies, legislative amendments and supplementary legislation adopted by the Government within the framework of the above national programme for the welfare and protection of children. It notes that the Government adopted Decision No. 19/2004/QD-TTg approving the 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 under 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 a special situation shall be cared for and supported by 2010. A free-of-charge Child Helpline which deals with problems relating to child protection was made available in 2004. The Committee notes the Government’s information that 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; 66 per cent of street children are monitored and cared for; birth registration rates increased from 87 per cent in 2002 to 95 per cent in 2005.

Article 2, paragraph 1. Scope of application. The Committee had previously requested the Government to indicate how the protection afforded by the Convention is guaranteed to children carrying out an economic activity that is not covered by a labour contract, such as self-employment. The Committee notes the Government’s information that the protection of children engaged in economic activities, including self-employment is stipulated in the Criminal Code (section 228) and the Law on Protection, Care and Education of Children (section 7), which states that persons employing children in heavy or dangerous work or in a working environment exposed to hazardous substances shall be punished. It also notes that the abuse of child labour, employing 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 according to section 7 of the Law on Protection, Care and Education of Children. The Committee observes that these provisions appear to apply only to the employment of children in hard and hazardous types of work without concerning directly self‑employed children under 15 years of age. The Committee once again reminds the Government that the Convention applies not only to work performed under a labour contract, but all types of work or employment, including self-employment. The Committee accordingly requests the Government to indicate the measures taken or envisaged to ensure that self-employed children benefit from the protection laid down in the Convention.

Article 2, paragraph 3. Compulsory schooling. Following its previous comments, the Committee notes the Government’s information that, according to section 26 of the Law on education of 2005, primary education lasts for five years starting from the age of 6, and secondary education starts at the age of 11 years and lasts for four years. Accordingly, compulsory education is completed at the age of 15 years, which is in line with the minimum age for admission to employment specified by the Government.

Article 3, paragraph 3. Admission to types of hazardous work form the age of 16 years. Referring to section 7(7) of the Law on protection, care and education of children 2004, which prohibits the employment of children in heavy or dangerous jobs and work in exposure to noxious substances, the Committee had requested the Government to indicate whether young persons aged 16 to 18 are allowed to perform certain types of hazardous work and, if so, to provide information on the conditions of such work. The Committee notes the Government’s information that, according to section 121 of the Labour Code, it is prohibited to employ junior workers in heavy or dangerous work, or work requiring contact with toxic substances, or work or workplaces that have adverse effects on their personality. It further notes the Government’s indication that junior workers, according to section 119 of the Labour Code means persons under the age of 18 years and therefore workers under the age of 18 are not employed in any hard or hazardous work.

Article 6. Apprenticeship and vocational training. The Committee had previously noted section 22 of the Labour Code which states that students at a trade training centre must be at least 13 years of age, except in the case of trades in respect of which the Ministry of Labour, War Invalids and Social Affairs (MOLISA) determines otherwise and must be sufficiently healthy to satisfy the requirement of the trade. It had requested the Government to provide information on the measures taken or envisaged to set the minimum age of 14 years for entry into apprenticeship, as required by Article 6 of the Convention. The Committee notes the Government’s information that the new Law on vocational training (taking effect as of 1 June 2007) does not set a minimum age for taking part in vocational training, but rather states that primary vocational training may be performed by any person who is sufficiently healthy. The Committee observes however that there is no minimum age specified under the new law on vocational training. It would therefore appear that section 22 of the Labour Code which specifies a minimum age of 13 years for vocational training still applies. The Committee once again reminds the Government that Article 6 of the Convention permits work done by persons at least 14 years of age in undertakings, where such work is carried out in accordance with conditions prescribed by the competent authority, after consultation with the organizations of employers and workers, and is an integral part of: (a) a course of education or training of which a school or training institution is primarily responsible; (b) a programme of training mainly or entirely in an undertaking, which programme has been approved by the competent authority; or (c) a programme of guidance or orientation designed to facilitate the choice of an occupation or of a line of training. It accordingly asks the Government to provide information on the measures taken or envisaged to ensure that no one under 14 years of age carries out an apprenticeship. It also requests the Government to provide practical information on vocational training programmes as laid down in the new Law on vocational training and to provide a copy of the same.

Article 7, paragraph 1. Minimum age for admission to light work. Noting that the provisions under Circular No. 21/1999/TT-BLDTBXH on employing children not yet 15 years of age allows children of 12 years of age to carry out light work as listed in the Circular, the Committee had requested the Government to take the necessary measures to ensure that no children under 13 years of age are employed in light work. In reply, the Government indicates that it has noted the Committee’s comments and that it will be referred to in its subsequent labour legislation revisions and developments. The Committee hopes that appropriate amendments will be adopted shortly to ensure that children under 13 years of age are not employed in light work. It requests the Government to provide information on any progress made in this regard.

Article 8. Artistic performances. Following its previous comments, the Committee notes the Government’s information that, according to Part III of the Circular on employing children not yet 15 years of age, the responsibilities of employers when hiring children under 15 years include: to keep separate records noting the full name, date of birth, gender, residence address, level of education, current work assignment, names of parents or legal guardian, and labour conditions applicable to the child; to register the employment of children with the local Department of Labour, War Invalids and Social Affairs; to conduct their medical check-up and periodic health check-ups at least once in six months; and to be responsible for the safety and health of children during the course of employment. The Committee also notes that according to Part II of the Circular which prescribes the conditions for employing children under 15 years, the working time must not exceed four hours a day or 24 hours a week; children may not be employed for overtime or night work; and that the working environment must not adversely affect the physical or mental health of the child.

Part V of the report form. Application of the Convention in practice. The Committee had previously expressed its deep concern at the number of children working in Viet Nam, and in particular, performing hazardous types of work. The Committee notes the Government’s information 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. It notes however the Government’s information that despite its efforts to protect children, there are many children in special situations. The Government acknowledges that the implementation of the child protection measures are ineffective; the system for protecting children is incomplete and inconsistent; intersectoral coordination mechanisms are ineffective; child protection service networks are not developed; the capacity of officers working with children, family and community is inadequate; and examination and supervision are not carried out regularly, etc. The Committee strongly encourages the Government to redouble its efforts to progressively improve the situation and to provide detailed information on concrete measures taken in this regard. It also requests the Government to provide in its next report detailed information on the application of the Convention in practice, including statistical data on the employment of children and young persons, extracts of inspection reports and information on the number and nature of contraventions reported and penalties applied.

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

The Committee notes the Government’s first report and requests it to provide further information on the following points.

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee notes the Government’s information that the policy and methods used by Viet Nam to eliminate child labour include: issuing legal documents and policies; promoting inspection and supervision, administrative and criminal sanctions; legal advocacy and education and public awareness enhancement. The Committee also notes that the Government adopted in 2001 a National Programme of Action for Children for the period 2001-10 with the overall objective to create the optimum conditions to fully meet the needs and basic rights of children, prevent and push back the dangers of harming children, build a safe and healthy environment for Vietnamese children to have the opportunity to be protected, cared for, educated and develop in all fields and have an ever-better life. The Committee asks the Government to provide information on progress achieved under this programme of action.

Article 2, paragraph 1. 1. Scope of application. The Committee notes that the Labour Code of 1994 (as amended in 2002), pursuant to its section 2, applies to all workers and organizations or individuals utilizing labour on the basis of a labour contract in any sector of the economy and in any form of ownership. This Code also applies to trade apprentices, domestic servants and other forms of labour. The Committee also notes that under section 6 of the Labour Code, an employee shall be a person of at least 15 years of age who is able to work and has entered into a labour contract. In this regard, the Committee recalls that the Convention requires the fixing of a minimum age for all types of work or employment and not only for work under an employment contract. The Committee requests the Government to provide information on the manner in which the protection afforded by the Convention is guaranteed to children carrying out an economic activity that is not covered by a labour contract, such as self-employment.

2. Minimum age for admission to employment or work. The Committee notes that pursuant to sections 6 and 120 of the Labour Code, the employment of persons under the age of 15 years is prohibited, which is in conformity with the minimum age of 15 specified by the Government at the time of ratification. The Committee takes due note of this information.

Article 2, paragraph 3. Compulsory schooling. The Committee notes that according to article 59 of the Constitution of Viet Nam, education is a right and obligation of citizens, and elementary education is mandatory and free. It also notes that under section 16 of the Law on Protection, Care and Education of Children, children have the right to study, and education at the primary level is free. The Committee further notes the Government’s statement that the minimum-age provisions are relevant to the socio-economic conditions of Viet Nam and the mental and physical development of Vietnamese children and also to the compulsory primary school age. The Government also refers to the newly adopted Law on Education of 2005. The Committee requests the Government to indicate the age of completion of compulsory schooling in Viet Nam. It also asks the Government to supply a copy of the Law on Education of 2005.

Article 3, paragraph 1. Minimum age for admission to hazardous work. The Committee notes that, according to section 121(1) of the Labour Code, employers shall employ junior workers (defined in section 119 as workers under the age of 18) 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(2) further provides that it is prohibited to employ junior workers in heavy or dangerous work, or work requiring contact with toxic substances, or work or workplaces that have adverse effects on their personality. The Committee takes due note of this information.

Article 3, paragraph 2. Determination of hazardous work. The Committee notes that under section 122(1) of the Labour Code, the normal working hours of a junior worker shall not exceed seven hours per day or 42 hours per week. The Committee also notes that Inter-Ministerial Order No. 9/TT/LB of 13 April 1995 provides for a list of 81 occupations prohibited for young workers under the age of 18. In particular, it notes that the employment of young persons is prohibited in the following working conditions: heavy work (average energy consumption is over 5 Kcal/minute and average heart beat is over 120 per minute); work in uncomfortable positions or in places lacking oxygen; direct exposure to chemicals that may cause gene damage, adverse affect on cell metabolism, bad effects on reproductive functions, cancer as well as occupational diseases; work in contact with harmful elements that may cause infectious diseases; work in contact with radioactive substances; work in contact with electromagnetic fields and vibrations; work in workplaces having the temperature over 45ºC in the summer and 40ºC in the winter; work in workplaces with high or low atmospheric pressure; work in mines; work in high and sheer workplaces; work in workplaces unsuitable for the young worker’s mental state and psychology; work in workplaces that may have bad effects on the development of the young worker’s personality. The Committee takes due note of this information.

Article 3, paragraph 3. Admission to types of hazardous work from the age of 16 years The Committee notes that the Labour Code does not have any specific provision that would allow hazardous work to be performed by persons from the age of 16. However, it notes that according to section 7(7) of the Law on Protection, Care and Education of Children of 2004, it is strictly prohibited to abuse child labour, employ children for heavy or dangerous jobs, jobs in exposure to noxious substances or other jobs. The term "children" is defined in section 1 of this law as Vietnamese citizens aged under 16 years. The Committee reminds the Government that, under Article 3, paragraph 3, of the Convention, young persons from the age of 16 years may be authorized to carry out types of hazardous work on condition that their health, safety and morals are fully protected and that they have received adequate specific instruction or vocational training in the relevant branch of activity. The Committee requests the Government to indicate whether young persons aged 16 to 18 are allowed to perform certain types of hazardous work and, if so, to provide information on the conditions of such work.

Article 5. Limitation of the scope of application of the Convention. The Committee notes that at the time of ratification the Government limited the scope of application of the Convention to the mining industries; manufacturing industries; construction and public works; gas and water supply; sanitary service; transportation; storage and communication; plantations and other industrial undertakings mainly producing for commercial purposes. In this respect, the Government indicates that the process of ratification of Convention No. 138 was preceded by consultations with the Viet Nam General Confederation and the Viet Nam Chamber of Commerce and Industry. The Committee also notes that pursuant to section 120 of the Labour Code, the employment of persons under the age of 15 is prohibited, except in a number of trades and occupations stipulated by the Ministry of Labour, War Invalids and Social Affairs, which is considered light work. The Committee further notes the Government’s statement that the provisions of the Labour Code in general and regulations on the minimum age for admission to employment in particular cover all undertakings, including family and small-scale holdings employing less than ten employees. Thus, although the scope of the Convention is limited, the national legislation of Viet Nam is of general coverage and does not exclude any branches of economic activity. In this regard, the Committee draws the Government’s attention to the possibility offered by Article 5, paragraph 4(b), of the Convention under which any Member which has limited the scope of application of this Convention may at any time formally extend the scope of application by a declaration addressed to the Director-General of the ILO. The Committee asks the Government to provide information on any developments in this regard.

Article 6. Apprenticeship and vocational training. The Committee notes the Government’s statement that the minimum age provisions do not apply to general educational and vocational training or technical institutions. It also notes that, according to section 22 of the Labour Code, students at a trade training centre must be at least 13 years of age, except in the case of trades in respect of which the Ministry of Labour, War Invalids and Social Affairs determines otherwise, and must be sufficiently healthy to satisfy the requirements of the trade. In this regard, the Committee reminds the Government that by virtue of Article 6 of the Convention, only work done by persons of at least 14 years of age within the context of a programme of training or vocational guidance in enterprises is excluded from the scope of this Convention. It asks the Government to provide information on the measures taken or envisaged to set the minimum age of 14 years for entry into apprenticeship, as required by Article 6 of the Convention. The Committee also requests the Government to provide information on the conditions prescribed by competent authority, after consultations with the organization of workers and employers concerned, which govern the work in vocational and training institutions.

Article 7. Light work. The Committee notes that, according to Circular No. 21/1999/TT-BLDTBXH on Employing Children Not Yet Fifteen Years of Age, issued by the Ministry of Labour, War Invalids and Social Affairs in 1999, the following occupations are permitted for children under the age of 15 years: actors: dancers, singers, theatre performers, movie actors etc.; traditional crafts: glazing pottery, sawing oyster shells, painting lacquers; fine arts handicrafts: lace-making, fine arts carpentry; potential athletes: gymnastics, swimming, athletics etc.

Part II of this Circular stipulates, inter alia, that the children must be a full 12 years of age; the working environment must not adversely affect the health and psycho-physiology of the child; working time must not exceed four hours in a day or 24 hours in a week; and the availability of schooling time for the child must be secured.

The Committee also notes the Government’s statement that, although Viet Nam has not made any use of Article 2, paragraph 4, of the Convention, it has made use of Article 7, paragraph 4, of the Convention that specifies the substitution of the ages 12 for 13 for light work. This is due to the fact that Viet Nam embraces a variety of traditional handicraft sectors where light work by children of 12 years of age is permissible. In this regard, the Committee reminds the Government that the Convention allows only those countries which by reasons of insufficient economic and educational facilities have initially declared 14 years as the minimum age, in accordance with Article 2, paragraph 4, to resort to the provisions under Article 7, paragraph 4, whereby the minimum age for light work may be 12 years. Since the Government specified 15 years as the minimum age for employment, the Committee requests the Government to take the necessary measures to ensure that no children under 13 years of age are employed in light work.

Article 8. Artistic performances. The Committee notes that pursuant to section 136 of the Labour Code, persons who work in special jobs within the artistic field shall be entitled to certain regimes with respect to, inter alia, working hours, rest breaks, wages and occupational safety and hygiene. It also notes that Circular on Employing Children Not Yet Fifteen Years of Age provides for a list of occupations, including artistic performances, permitted to children under 15 years of age. According to Part II of this Circular, children participating in artistic performances must be a full of 8 years of age. Special cases requiring the participation of children under the age of 8 shall be decided by the Ministry of Culture and Information. Part III of the Circular states that it is the responsibility of the employers to register with the local Department of Labour, Invalids and Social Affairs the employment of children under 15 years at their enterprises or business production establishments. The Committee also notes the Government’s statement that issuing work permits and registering with the competent authority before recruiting serve the same purpose, though different in methods of implementation.

The Committee recalls that, according to Article 8 of the Convention, the competent authority may, by permits granted in individual cases, allow exceptions to the prohibition of employment under the general minimum age, for such purposes as participation in artistic performances. Permits so granted shall limit the number of hours during which and prescribe the conditions in which employment or work is allowed. The Committee requests the Government to provide further information on the procedure of registering children under the age of 15 with the competent authority, and, in particular, on prescribing the number of hours and the conditions of their employment.

Article 9, paragraph 1. Penalties. The Committee notes that under the terms of section 192 of the Labour Code, breaches of the provisions of this Code shall, depending on the seriousness of the breach, be dealt with in the following ways: warning, fine, suspension or withdrawal of licences, compulsory payment of compensation, or compulsory cessation of business operations, or criminal prosecution in accordance with the provisions of the law. It also notes that according to section 228 of the Penal Code, any person who employs children to perform jobs which are heavy, dangerous, or in contact with hazardous substances, as indicated in the list of prohibited activities for persons under the age of 18, or who have already been administratively punished for this offence but continue to perform it, shall be subject to a fine of between 5 million and 50 million dong, non-custodial reform for up to two years or a term of imprisonment for three months to two years. The Committee takes due note of this information.

Article 9, paragraph 3. Registers of employment. The Committee notes that, according to section 119 of the Labour Code, enterprises which employ junior workers (under the age of 18 years) must establish separate records containing their full names, dates of birth, current employment positions, and regular health reports, and must produce these records upon request by a labour inspector. Similarly Part D of Inter-Ministerial Order No. 9/TT/LB of 13 April 1995 and Part III of Circular No. 21/1999/TT-BLDTBXH require the employers to keep records with all the details as mentioned above of the children and young persons employed. The Committee takes due note of this information.

Part V of the report form. Application of the Convention in practice. The Committee notes the Government’s statement that, according to the current statistics figures released by the Labour Inspectorate of the Ministry of Labour, Invalids and Social Affairs, no use of child labour has been identified in enterprises in Viet Nam. However, the Committee notes that, according to the information from UNICEF, a significant number of children in Viet Nam begin working at a very young age; by the time they turn 15, the majority are doing the work of adults. A recent Government study estimates that there are approximately 2.3 million children in Viet Nam who are working rather than going to school. A large percentage of these children are believed to be in hazardous or excessively severe work. The Committee also notes that the Committee on the Rights of the Child in its concluding observations (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 further notes that ILO/IPEC initiated in 2002 a project titled "National Programme for the Prevention and Elimination of Child Labour in Viet Nam" with the objectives to strengthen the capacity of the governmental agencies, including the Ministry of Labour, Invalids and Social Affairs to plan, initiate, implement, monitor, evaluate and report on action to combat child labour; and to protect and withdraw a selected number of children working in exploitative and hazardous conditions; and also to prevent some at risk children and their families from starting work.

The Committee expresses its deep concern at the number of children working in Viet Nam, and, in particular, performing hazardous types of work. It strongly encourages the Government to redouble its efforts to progressively improve the situation and to provide detailed information on concrete measures taken in this regard. The Committee also requests the Government to provide detailed information on the application of the Convention in practice, including statistical data on the employment of children and young persons, extracts from the reports of inspection services as well as the number and nature of the contraventions reported and penalties imposed.