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

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee had previously noted that sections 252 and 253 of the Penal Code make it an offence to entice or compel juveniles to commit criminal acts and to disseminate pornographic material. It had also noted the Government’s statement that Circular No. 21/2004/TTLT-BLDTBXH-BYT, which provided a list of workplaces and jobs in which persons under 18 years may not be employed, ensured that children under 18 years are protected from the production of pornographic products, sexual exploitation and prostitution. Observing that the above circular did not apply to the use, procuring or offering of a child for the production of pornography or for pornographic performances, the Committee had requested the Government to take the necessary measures to prohibit the use, procuring or offering of a child under 18 for the production of pornography or for pornographic performances and to adopt corresponding sanctions.

The Committee notes the Government’s statement that section 7(5) of the Law on Child Protection, Care and Education, 2004 prohibits the use, procuring or offering of a child for prostitution and for the production and circulation of pornography or violent products. The Committee notes, however, that this prohibition under section 7(5) concerns the offences of seducing or forcing children to buy, sell or use violence-provoking products or making, circulating, transporting or storing pornographic materials. The Committee further notes that the Committee on the Rights of the Child, in its Concluding Observations to the Government report under the Optional Protocol to the Convention on the Rights of the Child on the Sale of children, Child prostitution and Child pornography (CRC/C/OPSc/VNM/CO/1, 17 October 2006, paragraph 10) expressed concern that there are no provisions explicitly defining and sufficiently criminalizing child pornography. The Committee therefore once again requests the Government to take the necessary measures to prohibit the use, procuring or offering of a child under 18 years for the production of pornography or for pornographic performances.

Article 5. Monitoring mechanisms. Labour inspectors. The Committee notes that according to the statistical information provided by the Government in its report under Convention No. 138, in 2007, labour inspections were conducted 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 also notes the Government’s statement that the juvenile workers were mainly employed in low-skilled manual jobs in garment, leather or woodwork manufacturing enterprises. It notes the Government’s information that according to the provincial labour inspection reports, there were 3,436 children working in places far away from their homes. The Government further states that the country has an efficient and effective child labour monitoring mechanism with appropriate intervention and interdisciplinary initiatives to rescue children from hazardous working conditions and support their social integration. Moreover, the treatment and rehabilitation of child victims of occupational accidents and diseases are being provided for children in the provinces of Vinh Phuc and Bac Giang. The Committee requests the Government to provide information on the number of children rescued from hazardous working conditions by the labour inspectorate. It also requests it to indicate the number of child victims of occupational accidents and diseases who have been treated and rehabilitated in the provinces of Vinh Phuc and Bac Giang.

Article 6. Programmes of action to eliminate the worst forms of child labour. 1. National Programme of Action for Children for the period 2001–10. The Committee had previously noted the adoption of a National Programme of Action for Children for the period 2001–10. It had also noted several other action programmes implemented by the Government, in particular, Decision No. 19/2004/QD-TTg, approving the National Programme of Action for the Prevention and Elimination of Street Children, Child Victims of Sexual Abuse and Children in Hazardous and Dangerous Work, which aimed to reduce the worst forms of child labour by 90 per cent by the year 2010. The Committee notes the Government’s information that within the framework of this national programme, it is currently implementing project 4 on preventing and dealing with the situation of children in hard and hazardous conditions and environments with the following results:

–      developing and consolidating child labour legislation, which included a survey of hazardous types of works prohibited to young persons, the results of which indicated the need to revise and extend the list of types of hazardous work prohibited to young persons;

–      increasing the quantity and quality of support services to children in poor households through the provision of school books and studying tools and embroidery training (579 children benefited through this programme);

–      developing and piloting job creating and income-generating activities for parents (979 poor households benefited through training workshops);

–      a programme combining education with vocational training for disadvantaged children (324 children benefited);

–      developing child labour inspection procedures, and conducting training courses for labour inspectors in 56 provinces.

The Committee requests the Government to continue providing information on the results achieved, in terms of the number of children prevented or withdrawn from hazardous occupations and environments, through the implementation of project 4 on preventing and dealing with the situation of children in hard and hazardous conditions and environments, as well as other national programmes implemented by the Government for the elimination of the worst forms of child labour.

2. Trafficking of children. The Committee had previously noted that the Government had approved a National Plan of Action to Combat the Crime of Trafficking in Children and Women for the period 2004–10 which forms a part of, and contributes to, achieving the goals set out in the National Programme of Action for Children, 2001–10. The Committee notes the Government’s information that the above National Action Plan aims to organize mass awareness programmes and other actions at different levels in order to prevent and reduce the incidence of trafficking of women and children by 2010. It also notes that the Government adopted Decision No. 17/2007/QD-TTg on the issuance of a Regulation on the receipt, support and assistance for the social integration of women and children who are victims of trafficking. This regulation sets up the legal framework for the procedures, policies and mechanisms for the rehabilitation and social integration of women and child victims of trafficking and the responsibilities of competent agencies in providing such support to victims of human trafficking.

The Committee further notes the Government’s statement that several other legislative documents to implement the provisions of Regulation No. 17/2007 have been adopted including: (i) the Official Note No. 1195/LDTBXH-PCTNXH, April 2007 requesting the border-line cities of Quang Ninh, Lang Son, Lao Cai, Tay Ninh, An Giang and Dong Thap to review the arrangements, budget allocation and establishment of units responsible for receiving and supporting the victims of trafficking; and enhancing and building the capacity of the staff to deal with victims of trafficking; (ii) Joint Circular No. 116/220/TTLT-BTC-BLDTBXH, September 2007, providing detailed guidance on the payments to be made relating to receiving and supporting the social integration of victims of trafficking returning from abroad; (iii) the Official note No. 255/LDTBXH-PCTNXH, July 2007, to conduct surveys for collecting statistics on the number of trafficked victims returning from abroad and such other information in order to develop a plan for their support and social integration; and (iv) Circular No. 05/2009/TT-BLDTBXH, February 2009, providing guidance for the organization and activities of Victim Supporting Centres in line with Decision No. 17/2007. The Committee requests the Government to provide information on the results achieved in terms of the number of children withdrawn and prevented from trafficking, pursuant to the implementation of the National Plan of Action to Combat the Crime of Trafficking in Children and Women for the period 2004–10. It also requests the Government to indicate the number of Victim Supporting Centres established in the provinces, and the number of child victims of trafficking who have been rehabilitated in such centres. 

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. Ensuring access to free basic education. Following its previous comments, the Committee notes the Government’s statement that the proportion of children attending primary and secondary schools has increased and the number of school drop-outs and repeaters has decreased. It notes the Government’s indication that, in
2007–08, 96.06 per cent of children attended primary school, while 82.69 per cent of children attended secondary school. It further notes the Government’s statement that, in 2008, the universal primary education standard was implemented in 42 out of the 63 provinces and the universal secondary education standard was implemented in more than 30 provinces. The Committee encourages the Government to pursue its efforts to increase school attendance rates and reduce school drop-out rates so as to prevent the engagement of children in the worst forms of child labour. It requests the Government to continue to provide updated statistical information on primary school attendance and drop-out rates.

Clauses (a) and (b). Prevent the engagement of children in the worst forms of child labour and providing assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. 1. Child victims of trafficking. The Committee had previously noted that the MOLISA, together with the Ministry of Defence, had drafted a project on receiving, supporting and rehabilitating trafficked women and children from overseas. It had also noted that the Government took the necessary measures for the social reintegration of the victims of cross-border trafficking. The Committee notes the Government’s statement that pursuant to the implementation of the above measures, until January 2009, 2,679 women and child victims of trafficking returned from overseas, of which 60 per cent returned by themselves, 25 per cent were rescued and 15 per cent were officially handed over. It further notes the Government’s indication that 80 per cent of these victims were provided with lodging, psychological counselling and primary health care, as well as allowances for travelling and meals; 60 per cent of the victims received legal assistance, health care, vocational training, employment and education. The Committee requests the Government to indicate how many, among the total number of victims of trafficking who have been reintegrated were children under the age of 18 years. It also requests the Government to continue providing information on the number of child victims of trafficking who have been socially integrated.

2. Child prostitution. The Committee had previously noted the Government’s information that it had developed and issued a number of decrees pertaining to the prevention of prostitution. The Committee notes the Government’s information that the national programme on the prevention of prostitution is being implemented with special emphasis on the education, treatment and rehabilitation of targeted groups. At the local level, social security policies including poverty-reduction measures, low-interest loans, employment creation, educational support for vulnerable children and measures to support the various needs to stabilize the life of reformed prostitutes have been undertaken to combat prostitution. The Committee also notes the Government’s statement that, in 2008, 527 child prostitutes were provided with treatment, education and social integration support. The Committee further notes that the Committee on the Rights of the Child, in its Concluding Observations to the Government report under the Optional Protocol to the Convention on the Rights of the Child
on the Sale of children, Child prostitution and Child pornography (CRC/C/OPSc/VNM/CO/1, 17 October 2006, paragraph 16) expressed concern at the increasing number of children involved in prostitution and sex tourism and at the fact that at least 10 per cent of sex workers in the country are believed to be children. The Committee requests the Government to redouble its efforts to prevent the engagement of children in prostitution and to indicate the results achieved. It also requests the Government to take the necessary measures to prevent the involvement of children in sex tourism and to provide information on the measures taken in this regard. It further requests the Government to continue providing statistical information on the number of children under 18 years who are in practice removed from prostitution and rehabilitated.

Clause (d). Identify and reach out to children at special risk. Street children. The Committee notes the Government’s indication that within the framework of the National Programme of Action for the Prevention and Elimination of Street Children, Child Victims of Sexual Abuse and Children in Hazardous and Dangerous Work (2004–10), 5,967 street children were reintegrated with their families and provided with education, while their families were provided with preferential loans: 6,429 street children were reintegrated with their families and provided with financial assistance; and 4,673 street children were provided with vocational training and employment opportunities. The Committee requests the Government to continue providing statistical data, on the number of street children withdrawn and rehabilitated pursuant to the National Programme of Action for the Prevention and Elimination of Street Children, Child Victims of Sexual Abuse and Children in Hazardous and Dangerous Work (2004–10).

Part III of the report form. Court decisions. The Committee notes the Government’s indication that, in 2008, four cases of commercial sexual exploitation of children were registered in the courts involving two children between the ages of 16 and 18 years, and 48 cases of child trafficking involving 104 criminals, out of which 45 cases involving three children between the ages of 16 and 18 years were settled. The Committee requests the Government to continue providing information on court decisions on cases relating to the worst forms of child labour, and on the penalties imposed.

Part V of the report form. Application of the Convention in practice. The Committee notes the Government’s statement that child labour in the country has diminished due to the several programmes and policies implemented by the Government and through the National Programme of Action for Children,
2004–10. The Committee requests the Government to provide information, including extracts from inspection reports, studies and inquiries and statistical data on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties applied.