Demande directe (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 1 of the Convention. Measures taken to secure the prohibition and elimination of the worst forms of child labour. The Committee notes the Government’s indication that it has introduced the following programmes soon after the ratification of Convention No. 182: (i) the National Plan of Action on Vietnamese Children for the period 2001-10; (ii) the Programme of Action for Protection of Children in Special Circumstances for the period 1999-2002; (iii) Programme on the Universalization of Primary and Secondary Education in 2000; (iv) a Plan of Action on Drug Prevention and Combat for the period 2001‑05; (v) establishment of a National Committee in 2000 for Preventing and Combating AIDS, Drug Abuse and Prostitution; (vi) a Plan of Action on Prostitution Prevention and Combat for the period 2001-05; and (vii) the National Target Programme on Hunger Eradication and Poverty Reduction and Employment for the period 2001-05. The Committee asks the Government to continue to provide information on the implementation of these measures and their impact with regard to securing the prohibition and elimination of the worst forms of child labour.

Article 3. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee observes that the trading and swapping of Vietnamese children under 16 years of age are prohibited by virtue of sections 1 and 8 of the Law on the Protection, Care and Education of Children of 1991. The Committee also observes that section 135(c)(1) of the Labour Code prohibits the “illegal recruitment and sending of workers to work abroad”. The Committee further notes that, according to section 119 of the Penal Code of 1999, a person who traffics in women is guilty of an offence. Section 120 of the Penal Code further provides that “those who trade in, fraudulently exchange or appropriate children in any form” commit an offence. More severe penalties will be imposed on a person who trades or exchanges a child for the purpose of sending him/her abroad, or using him/her for inhumane purposes, or for prostitution. The Committee notes the Government’s indication that section 68 of the Penal Code defines children as persons under 18 years of age. However, the Committee notes that according to the copy of the Penal Code available at the Office, section 68 provides for a definition of a young offender and not of a child. Since only the Penal Code appears to prohibit the sale and trafficking of girls and boys living in Viet Nam, irrespective of their nationality, the Committee requests the Government to clearly specify the age definition of children covered by section 120 of the Penal Code. It also asks the Government to provide information on the practical application of section 135(c)(1) of the Labour Code.

2. Debt bondage, serfdom and forced or compulsory labour. The Committee notes that section 5(2) of the Labour Code prohibits all forms of forced labour. Section 25 of the Labour Code prohibits enterprises, organizations and individuals from exploiting workers for motives of self-interest, or enticing or compelling an apprentice or trainee to carry out illegal activities in the name of apprenticeship programmes or trade training. The Committee asks the Government to provide information on the practical application of the abovementioned provisions.

3. Compulsory recruitment of children for use in armed conflict. The Committee notes that, according to section 7 of Decree No. 83/2001/ND-CP of 9 November 2001 on military service registration, male citizens aged between full 17 and full 45 years, and women aged full 18 and full 40 years having professional skills in necessary service, shall be subject to military service registration. The Committee also notes the Government’s indication that section 13(9) of Decree No. 152/1999/ND-CP of 20 September 1999 prohibits manpower exporting enterprises to recruit and dispatch workers abroad to perform the types of work listed in a decision of the Ministry of Labour, Invalids, and Social Affairs (hereinafter referred to as MOLISA). It further states that Annex I of Circular No. 29/1999/TT-BLDTBXH dated 15 November 1999 of the MOLISA which provides guidance to implement Decree No. 152/199/ND-CP of 20 September 1999, states that it is prohibited to employ and send workers under 18 years of age to ongoing war zones or high risk conflict zones. The Committee reminds the Government that, by virtue of Article 3(a) of the Convention, the forced or compulsory recruitment of a girl or a boy under 18 years for use in armed conflict, is considered as one of the worst forms of child labour, and that under the terms of Article 1 of the Convention, immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour shall be taken as a matter of urgency. The Committee accordingly requests the Government to take the necessary measures to ensure that boys are not compelled to register for military service before they reach full 18 years.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee notes that, according to section 254 of the Penal Code of 1999, any person who harbours prostitutes shall be guilty of an offence. It is also an offence to entice or procure prostitutes (section 255 of the Penal Code). The Committee also observes that more severe penalties will be imposed on the offender if the victim is under 18 years of age. It further notes that, by virtue of section 256 of the Penal Code, it is a criminal offence to have paid sexual intercourse with juveniles aged 13‑16 years. The Committee reminds the Government that by virtue of Article 3(b) of the Convention, the use, procuring or offering of a child for prostitution is considered to be one of the worst forms of child labour, and is therefore prohibited for children under 18 years of age. The Committee encourages the Government to extend the scope of section 256 of the Penal Code so as to impose penalties on clients of child prostitutes under 18 years of age.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes that, according to section 253 of the Penal Code, “any person who makes, duplicates, circulates, transports, sells or purchases, stockpiles decadent books, newspapers, pictures, photographs, films, music or other objects for the purpose of dissemination thereof, or commits other acts of disseminating debauched cultural products”, shall be guilty of an offence. It also observes that section 252 of the Penal Code provides that a person who entices or compels juveniles into criminal activities commits a criminal offence. The Committee observes however, that the provisions of the Penal Code do not appear to prohibit the use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee reminds the Government that, by virtue of Article 3(b) of the Convention, the use, procuring or offering of a girl or a boy under 18 years for the production of pornography or for pornographic performances, is considered as one of the worst forms of child labour, and that under the terms of Article 1 of the Convention, immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour shall be taken as a matter of urgency. The Committee accordingly requests the Government to provide information on the measures taken or envisaged to ensure that children under 18 years of age are not used for the production of pornography or for pornographic performances.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes that, by virtue of section 194(f) of the Penal Code, it is prohibited to employ children to illegally store, transport, trade in or appropriate narcotics. Section 252 of the Penal Code states that “those who entice or compel juveniles into criminal activities” commit an offence.

Clause (d). Hazardous work. The Committee notes that according to section 121 of the Labour Code of 2002, employers shall employ junior workers 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 of the Labour Code further prohibits the employment of junior workers in heavy or dangerous work, work that requires contact with toxic substances, or work and workplaces stipulated in a list issued by the Ministry of Labour, War Invalids and Social Affairs and the Ministry of Health. The Committee also notes that section 119 of the Labour Code defines a “young worker” as a person under the age of 18 years.

Self-employed workers. The Committee observes that, according to section 121 of the Labour Code, it is prohibited to employ a person under 18 in heavy or dangerous work. The Committee notes, however, that the Labour Code applies, by virtue of its section 2, to all workers, organizations and individuals working on the basis of an employment contract in any sector of the economy and in any form of ownership. The Committee consequently notes that self-employed workers do not benefit from the protection laid down in the Labour Code. The Committee also notes the Government’s indication that, although legislation and policies on child labour are considered as comprehensive and in conformity with relevant ILO Conventions, not all working children are covered by such instruments. The Government further states that Viet Nam shall regulate the situation of children working in the informal sector. The Committee accordingly requests the Government to indicate the measures taken or envisaged to ensure the protection of self-employed workers under 18 years of age from work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals.

Agricultural sector, handicraft occupations and domestic work. The Committee notes the Government’s indication that while the Law on Protection, Care and Education of Children and the Penal Code apply to all citizens throughout the country, the provisions of the Labour Code and its guiding documents on working children does not cover the agricultural sector, handicraft occupations and domestic work. However, the Committee notes that the Law on Protection, Care and Education of Children, according to which it is prohibited to use a child counter to legal provisions and detrimental to the normal development of children (section 9(3)), only applies to Vietnamese citizen under 16 years of age by virtue of its section 1. It further observes that the Labour Code, by virtue of section 2, applies to all workers, organizations and working on the basis of an employment contract in any sector of the economy and in any form of ownership, including domestic workers. The Committee also observes that the Committee on the Rights of the Child (CRC/C/15/Add.200, 18 March 2003, paragraph 51) expressed its concern over the widespread 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 accordingly requests the Government to provide information on the discrepancies between the wording of the Labour Code and the Law on Protection, Care and Education of Children, and its interpretation of the texts.

Article 4, paragraph 1. Determination of hazardous work. The Committee notes, with interest, that the Inter-Ministerial Order No. 9/TT/LB of 13 April 1995 lists 81 occupations prohibited for young workers under 18 years of age, and 13 harmful working conditions in which the employment of young workers under 18 years of age is prohibited. It also notes the Government’s indication that the Viet Nam General Confederation of Labour, Viet Nam Chamber of Commerce and Industry and Viet Nam Cooperatives Alliance were consulted prior to the issuing of this Order. The Committee notes that several occupations are determined as hazardous, in particular: (i) rolling hot metal; (ii) firing steam engines; (iii) welding in an air-tight tank or over five metres underground; (iv) digging mines or performing other work in mines or working in deep holes over five metres deep; (v) installing oil rigs; (vi) working on off-shore oil-rigs; (vii) driving motor vehicles, farm tractors; (viii) diving; (ix) installing, repairing underground or suspension communication cable; (x) working on ocean-going ships; (xi) working in workplaces where the amount of dust, rock or cement powder, coal dust, animal hair exceeds the permitted standards; (xii) working in prisons or in mental hospitals; (xiii) working in pubs, dancehalls or entertainment services; (xiv) working in direct contact with chemicals causing gene damage or harming the reproductive functions. The following working conditions are also identified as hazardous and consequently shall not be performed by young workers under 18 years: (i) heavy work (i.e. when average energy consumptions is over five calories per minute and average heartbeat over 120 per minute; (ii) working in an uncomfortable position or in a place lacking oxygen; (iii) working in contact with harmful elements that may cause infectious diseases; (iv) working in contact with radioactive substances; (v) working in workplaces having a temperature exceeding 45 degrees in the summer and 40 degrees in the winter; (vi) working in places with high or low atmospheric pressure; (vii) working in mines; (viii) working in places unsuitable for a young worker’s mental and psychology.

Paragraph 2. Identification of hazardous work. The Committee notes the absence of information in the Government’s report on efforts made to identify where work that, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children, exists. The Committee reminds the Government that according to Article 4, paragraph 2, of the Convention, the competent authority, after consultation with the organizations of employers and workers concerned, shall identify where the types of hazardous work exist. The Committee requests the Government to provide information on the measures taken in this regard.

Paragraph 3. Periodic examination and revision of the list of the types of hazardous work. The Committee notes the Government’s indication that the list of hazardous work must be regularly examined and supervised by labour inspectors, intersectoral inspectorates in cooperation with trade unions. Section C of the the Inter-Ministerial Order No. 9/TT/LB (1995) requires the various Ministries and other branches to report to the MOLISA, and the Ministry of Health on workplaces with harmful working conditions and occupations that are not included in the list. The Committee asks the Government to provide information on the report made to the MOLISA, and the Ministry of Health concerning the types of hazardous work that are not included in the Inter-Ministerial Order No. 9/TT/LB of 1995 and to indicate whether the list of the types of hazardous work will be amended on the basis of this report.

Article 5. Monitoring mechanisms. 1. Labour inspectors. The Committee notes that, by virtue of section 185 of the Labour Code, MOLISA and the local bodies in charge of state administration of labour are responsible for carrying out state labour inspection. According to section 187 of the Labour Code, a labour inspector shall have the power to: (i) inspect and investigate any enterprise at any time without prior notice, (ii) request the employer and other persons concerned to provide information and relevant documents for investigation; and (iii) resolve all complaints or claims relating to violations of labour laws.

The Committee notes that one of the objectives of the National Programme of Action For Children for 2001-10, launched by the Government (Decision No. 23/2001/QD-TTg), 26 February 2001, section 1(3)(d)), is to increase inspection and supervision of the rights of the child. To this end, a mechanism for close cooperation among the different branches of the inspection service will be established. The Committee asks the Government to provide information on the establishment of a mechanism to enhance cooperation between the different branches of the inspection service to increase inspection and supervision of child rights and on its impact, in particular with regard to the elimination of the worst forms of child labour. The Committee also asks the Government to provide information on the inspections carried out by labour inspectors and the findings with regard to the implementation of national legislation concerning the worst forms of child labour.

2. Occupational health and safety inspectors. The Committee notes that according to section D(2) of the Inter-Ministerial Order No. 9/TT/LB of 1995, occupational safety inspectors and occupational health inspectors shall enhance their inspection of undertakings employing young workers. The Committee asks the Government to provide information on the activities of the occupational safety inspectors and occupational health inspectors and their findings with regard to the types of hazardous work performed by children under 18 years and the number of infringements reported.

3. Organizations of employers and workers. The Committee notes that, according to section 2 of the Labour Code, trade unions, in conjunction with state bodies and economic and social organizations, shall look after and protect the rights of employees, inspect and supervise the implementation of the provisions of the labour laws. The Committee also notes the Government’s indication that the Viet Nam General Confederation of Labour, which represents and protects the rights and interests of Vietnamese workers, takes part in supervising child labour status nationwide. The Government further states that the following two organizations of employers in Viet Nam – the Viet Nam Chamber of Commerce and Industry and the Viet Nam Cooperatives Alliance – encourage their members to comply with legal provisions on child labour as well as enhance their members’ awareness of the long-lasting negative consequences of employing persons under 18 years of age in the worst forms of child labour. The Committee requests the Government to continue to provide information on the activities of the Viet Nam General Confederation of Labour, the Viet Nam Chamber of Commerce and Industry, and the Viet Nam Cooperatives Alliance, to monitor the implementation of the provisions giving effect to the Convention and the results achieved.

4. National Committee for Preventing and Combating AIDS, Drug Abuse and Prostitution. The Committee notes that the Government established, in 2000, a National Committee for Preventing and Combating AIDS, Drug Abuse and Prostitution. This National Committee is responsible for assisting the Prime Minister in elaborating policies, programmes and plans of action to prevent and combat AIDS, drug abuse and prostitution. It shall also assist the Prime Minister in guiding, supervising and evaluating the measures taken. The Committee requests the Government to provide information on the activities of the National Committee for Preventing and Combating AIDS, Drug Abuse and Prostitution, and the impact of such activities on preventing and combating AIDS and prostitution among children under 18 years of age.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes the Government’s indication that MOLISA is developing a plan of action to implement Convention No. 182, which was scheduled to be submitted for the Government’s review towards the end of 2002. The Committee accordingly asks the Government to indicate whether such a plan of action has been adopted and to provide information on the concrete measures taken or envisaged thereunder to eliminate the worst forms of child labour.

1. National Programme of Action for Children. The Committee notes that a nine-year National Programme of Action for Children was launched in 2001. The overall objective of this programme is to create the optimum conditions to fully meet the needs and basic rights of children. The programme, for instance, focuses on children with special needs such as street children and child victims of sexual or labour exploitation. Thus, it plans to reduce the number of street children and children involved in hazardous work by 70 per cent by 2005 and by 90 per cent by 2010. Another objective is to reduce the number of child victims of sexual abuse and trafficking, a low decrease is planned by 2005, which should accelerate by 2010. The Committee requests the Government to indicate whether the objectives of this National Programme of Action for Children have been met, and, in particular, how many children under 18 targeted by this programme have been removed from the worst forms of child labour by 2005.

2. National Programme of Action for Protection of Children with Special Circumstances. The Committee observes that the Government launched a three-year programme in 1999, which aimed at preventing, gradually reducing and eventually solving, by the year 2002, the problem of sexually exploited children by organizing the education and medical treatment of child prostitutes as well as their rehabilitation. Another objective was to prevent and gradually reduce the number of child victims of trafficking or swapping. The Committee asks the Government to provide information on the impact of the National Programme of Action for Protection of Children with Special Circumstances on preventing and reducing the number of child victims of sexual exploitation or trafficking.

3. UNICEF programmes. The Committee notes that, according to the UNICEF document entitled “A proposal to reduce child exploitation in Viet Nam” (2001, page 1), UNICEF supports the Government’s efforts to protect, prevent, rehabilitate and reintegrate vulnerable children involved in the worst forms of child labour by: strengthening law enforcement mechanisms; implementing micro-level interventions such as the provision of formal and non-formal education; raising awareness of, and training of, children and families at risk of being exploited on child rights; and promoting credit and income generating schemes for families at risk of being exploited. This programme will last from 2002-04 and benefit trafficked and sexually exploited children, children and families at risk of being exploited, basic service providers and professional groups as well as national leaders and decision-makers. The Committee asks the Government to provide information on the concrete measures taken pursuant to the UNICEF programmes and their impact on eliminating the worst forms of child labour.

4. Campaign launched by organizations of employers, workers and non-governmental organizations. The Committee notes the Government’s indication that trade unions and employers’ organization and non-governmental organizations launched joint campaigns to combat and eliminate the worst forms of child labour. The Viet Nam General Confederation of Labour has urged other organizations and institutions to make contributions to a fund to support children and their families in employment generation. The Committee asks the Government to provide information on the concrete measures taken by the organizations of employers and workers and non-governmental organizations pursuant to these campaigns and their impact on the elimination of the worst forms of child labour.

Article 7, paragraph 1. Penalties. The Committee observes that section 120 of the Penal Code provides that a person who trades in, fraudulently exchanges or appropriates children in any form shall be liable to three to ten years’ imprisonment, a fine of up to 50 million dong and banned from performing certain occupations. The penalties will be increased if such crimes are committed for the purpose of sending a child abroad, or using a child for inhumane purposes, or for prostitution. According to section 252 of the Penal Code, a person who entices or compels juveniles into criminal activities shall be liable to one to five years of imprisonment, and a maximum fine of up to 30 million dong. A person who harbours prostitutes is liable to imprisonment for one to seven years and a maximum fine of up to 100 million dong (section 254 of the Penal Code). The penalties will be increased if the victim is under 18 years of age. Section 255 of the Penal Code provides that any person who entices or procures prostitutes is liable from six months to five years of imprisonment. The Committee also notes that, by virtue of section 194(f) of the Penal Code, a person who employs a child to illegally store, transport, trade in or appropriate narcotics is liable to seven to 15 years of imprisonment. Section 228 of the Penal Code states that anyone who employs a child to perform hazardous work is liable to a fine of 5 million to 50 million dong, non-custodial reform for up to two years, or imprisonment for three months to two years. The Committee asks the Government to provide information on the penalties imposed in practice.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. 1. Child prostitution. The Committee notes, with interest that the Government launched in 2001 a four‑year National Plan of Action to Prevent and Combat Prostitution aimed at preventing prostitution from occurring in localities where this phenomenon was non-existent. To this end, a survey will be conducted to identify the characteristics of prostitution and persons more likely to be sexually exploited. Concrete action will be taken upon the results of the survey to prevent the occurrence of prostitution. The Committee requests the Government to provide information on the results of the survey on the characteristics of prostitution, especially with regard to child prostitution. It also asks the Government to indicate whether measures are taken or envisaged under the National Plan of Action to Prevent and Combat Prostitution to prevent the engagement of children under 18 years of age in prostitution.

2. Trafficking of children. The Committee notes the Government’s indication to the Committee on the Rights of the Child (CRC/C/65/Add.20, additional report, December 2002, pages 25 and 44) that the Government promoted public information and education, particularly for families with low income, about the dangers of child trafficking. The Government also states that prevention has not only been undertaken by law enforcement bodies, but also by social and political organizations. According to the Government, these efforts have resulted in a decline of child trafficking in the region where preventive measures were taken. The Committee accordingly asks the Government to provide information on the measures taken or envisaged to have a country-wide awareness-raising campaign on child trafficking.

3. Ensuring access to free basic education. The Committee notes that, by virtue of section 10 of the Law on the protection, care and education of children primary education is compulsory and free. The Committee also notes that a nine-year National Programme of Action for Children was launched in 2001 (Decision No. 23/2001/QD-TTg, 26 February 2001) to combat illiteracy and achieve the universalization of primary and secondary education. The Programme also aims at improving the quality of education and increasing the quantity of teaching material. The concrete objectives are to attain an enrolment rate in primary education of 99 per cent by 2010; to have 95 per cent of children enrolled in primary education who graduate; and to have, by 2010, 80 per cent of children in difficult situations complete primary education. The Committee also notes that the Committee on the Rights of the Child (CRC/C/1/Add.200, 18 March 2003, paragraph 47) expressed its concern about the significant gaps in access to and quality of education, between urban and rural or mountain regions and about the shortage of well-trained teachers. The Committee accordingly requests the Government to indicate whether the National Programme of Action for Children will focus on improving access to and quality of education in rural areas. The Committee also asks the Government to provide information on the impact of the National Programme of Action for Children on improving access to free education and reducing school drop-outs.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. The Committee observes that, according to the National Plan of Action to Prevent and Combat Prostitution 2001-05, programmes will be launched to provide prostitutes with education, medical treatment, job training and employment in order to help them reintegrate into the community. The Committee notes that, according to ILO/IPEC Rapid Assessment Study on child prostitution in Hanoi, Hai Phong, Ho Chi Minh City and Can Tho of 2003 (page 70), 4,548 child prostitutes received medical treatment and education in 1998 and 1,590 received vocational training or were offered a job. The Committee asks the Government to provide information on the concrete measures taken pursuant to the National Programme of Action to remove children under 18 years from prostitution and provide for their rehabilitation and social integration.

Clause (d). Identifying and reaching out to children at special risk. 1. Child prostitution. The Committee notes that the Committee on the Rights of the Child (CRC/C/1/Add.200, 18 March 2003, paragraph 47) expressed its concern about the significant proportion of sex workers under 18 years of age. The Committee notes that, according to the ILO/IPEC Rapid Assessment on child prostitution in Hanoi, Hai Phong, Ho Chi Minh City and Can Tho of 2003 (page 10), 37 per cent of prostitutes are children under 18 years of age. The report (page xi) indicates that the ratio of children in prostitution is believed to be steadily increasing: 2.5 per cent in 1989 and 11.4 per cent in 1995. The assessment further points out that most child prostitutes are aged from 15 to 17. However, in the south they tend to start as young as 13 years of age. Child prostitutes are mainly girls and in general they originate from rural areas. The Committee also observes that, according to the Rapid Assessment (page xx), clients are mostly nationals although some foreigners, mainly Asian businessmen (from China, Japan, the Republic of Korea) pay for sexual intercourse with children. With regard to national clients, the majority are state officials and state enterprise employees. Providing sex workers can be part of a business deal. Other clients are people working in the private sector, young people from affluent families, military men and policemen.

The Committee notes that the primary objective of the National Plan of Action to Prevent and Combat Prostitution (Decision No. 151/2000/QD-TTg) for 2001-03 is to eliminate prostitution among juveniles. The programme sets forth nine principal activities and some urgent solutions, including awareness raising, increasing inspections and improving the legal system on the prevention and elimination of prostitution. The Committee also notes that one of the objectives of the National Programme of Action for Children (Decision No. 23/2001/QD-TTg) launched in 2001 is to reduce the number of sexually exploited children. The Committee asks the Government to provide information on the measures taken or envisaged to ensure that measures taken under the National Plan of Action to Prevent and Combat Prostitution and the National Programme of Action for Children do not overlap. It also asks the Government to provide information on the impact of the abovementioned programmes on protecting children under 18 years of age from prostitution.

2. Child trafficking. The Committee notes that according to the UNICEF document entitled “A proposal to reduce child exploitation in Viet Nam” of 2001, it is estimated that thousands of Vietnamese women and children are trafficked both within and outside the country’s border every year. It further states that commercial sexual exploitation is not the only destination for trafficked children, they are also illegally sold for adoption to foreign couples, used as bonded labourers and domestic servants. The Committee notes that the National Programme of Action for Children launched in 2001 by the Government aims at reducing the number of child victims of trafficking. It also notes that one of the objectives of the National Plan of Action to Prevent and Combat Prostitution is to ward off the trafficking of women and children for sexual exploitation. The Committee observes that the Committee on the Rights of the Child (CRC/C/1/Add.200, 18 March 2003, paragraph 49) noted with concern that, although the state party recognizes trafficking in children to be a significant problem, the number of officially reported cases is very low. The Committee accordingly asks the Government to provide information on the concrete measures taken under the two abovementioned programmes and their impact on the elimination of child trafficking.

3. Street children. The Committee notes the Government’s indication to the Committee on the Rights of the Child (CRC/C/65/Add.20, additional report, December 2002, page 35) that the MOLISA, in coordination with the Viet Nam Committee for the Protection, Care and Education of Children and relevant agencies has set up, in 1999, a project to prevent and eliminate the exploitation of street children. It also notes the Government’s indication (CRC/C/65/Add.20, additional report, response to issues raised by the Committee on the Rights of the Child, page 12) that in 2001, there were 21,000 street children in the country. The Committee accordingly asks the Government to provide information on the impact of the abovementioned project on protecting street children from the worst forms of child labour.

Article 8. 1. International cooperation. The Committee notes that Viet Nam is a member of INTERPOL which helps cooperation between countries in the different regions especially in the fight against trafficking of children. It also observes that the Government ratified the Convention on the Rights of the Child in 1990, the Optional Protocol on the Involvement of Children in Armed Conflict and the Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography in 2002.

2. Elimination of poverty. The Committee notes the Government’s indication that almost all cases of child labour in whatever forms are related to the question of poverty. It states that Viet Nam is an agricultural country and two-thirds of its population lives in rural areas. Living standards in rural areas are lower than in urban areas. Shortage of financial resources to cover living costs such as food, health checks and schooling incites children to earn their money and support their families. The Committee also notes that according to the UNICEF document entitled “A proposal to reduce child exploitation in Viet Nam” (2001, page 3), 37 per cent of Vietnamese live in poverty. It also observes that the Prime Minister launched a National Target Programme on Hunger Elimination, Poverty Alleviation and Employment for 2001-05. The overall objectives of the Programme are to create favourable and suitable conditions for supporting poor households and communes in production development, income generation, access to social services, and poverty alleviation. For instance, the programme aims at reducing the percentage of poor households to below ten per cent and to create jobs for 1.4 to 1.5 million people each year. The Committee requests the Government to supply information on any notable impact of the National Target Programme on Hunger Elimination, Poverty Alleviation and Employment towards eliminating the worst forms of child labour.

3. Trafficking of children for sexual exploitation. The Committee notes the Government’s indication to the Committee on the Rights of the Child (CRC/C/65/Add.20, additional report, December 2002, page 28) that Viet Nam takes part in many projects, established by the ILO/IPEC and UNDP, on the prevention of child trafficking in the Mekong region. The Government states that many of the localities that benefited from the projects were able to stop child trafficking. The Government further indicates that Viet Nam and France signed an Agreement in 2000 on the adoption of children, which also aims at preventing child trafficking.

The Committee also notes that Viet Nam is part of an ILO/IPEC project, funded by the United Kingdom Department for International Development (DFID), in the Greater Mekong region (covering parts of Cambodia, China, Laos, Thailand and Viet Nam). This programme seeks to address the prevention, protection and rehabilitation of trafficked women and children. The Committee requests the Government to provide information on the impact of the abovementioned projects with regard to protecting child victims of trafficking and providing for their rehabilitation and social integration.

Part III of the report form. The Committee notes the Government’s indication to the Committee on the Rights of the Child (CRC/C/65/Add.20, additional report, December 2002, page 26) that efforts have been made to detect child traffickers and that severe penalties were imposed on traffickers. The Committee accordingly asks the Government to provide further information on relevant court decisions, and the penalties imposed.

Part V. The Committee notes that a survey on child labour will be conducted with the assistance of the ILO/IPEC beyond 2003-04. The Committee accordingly hopes that the Government will be able to provide, in its next report, further information on the worst forms of child labour, including information on the nature, extent and trends of those 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 penal sanctions applied. To the extent possible, all information provided should be disaggregated by sex.