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Conference on rights of the minor in Labour Code amendment

25/04/2019

On April 23rd, 2019, in Hanoi, Committee for culture, Education, Youth and Children in collaboration with Ministry of Labour – Invalids and Social Affairs, Vietnam Association Protection of Child’s Rights, United Nation Children’s Fund (UNICEF) held the conference on rights of the minor in Labour Code amendment. Attending the conference were Mrs. Le Thi Nguyet, Vice Chairperson of the NA’s Committee for Social Issues, Mr. Ta Van Ha, Standing member of the NA’s Committee for Culture, Education, Youth and Children, Mrs. Nguyen Thi Ha, Deputy Minister of Labour – Invalids and Social Affairs, Mrs. Nguyen Thi Thanh Hoa, president of Vietnam Association Protection of Child’s Right, Mrs. Lesley Miller, Deputy Representative of UNICEF Vietnam, and representatives from relevant Ministries, Sectors, the domestic and international organizations, localities...

The Conference focused on researching and discussing on one of important contents of Labour Code which will be regulated as the separating Chapter (Chapter 11: The specific regulation with minor labours and other labours). In the Labour Code amendment, the draft content continue to having  amendment, supplementation the Article in order to meet the requirement of institutionalization of Constitution in 2013 on rights and duties of people in labour and the requirement of protection, careing and education for children as well as set up the regulation to prohibit the abusement, exploitation and other violations of children’s rights.
The requirement of this Labour Code amendment is the comprehensive amendment in order to solve the limitation, shortcoming from the practical implementation for 5 years of application and create more flexible legal framework on recruitment, using labour to make the better condition to improve competitive capability for Vietnam’s enterprises. At the same time, Labour Code amendment will meet the requirement of institutionalization of regulation of Constitution in 2013 and ensure the synchronization of the law have just been issued for recently and meet the requirement of international integration with the commitment of implementation 4 principles on labour basic conditions of labourers at work place according to the Declaration in 1998 of International Labour Organization (ILO).
In the speech at the conference, Deputy Minister Nguyen Thi Ha said that, Vietnam has managed to prevent, reduce child labour by many efforts, namely completing law, policies and implementation of the programs, projects from the central level to localities. However, the issues on prevent and reduce risk of child labour had many difficulties. In which, poverty issue is considered as the main reason for children participate in economic activities and then it can lead to the risk of illegal child labour issue.  
Deputy Minister Nguyen Thi Ha emphasized that the Conference should focus and comment on the core contents on minor in labour. It was about some issue, such as indentifying the regulation in order to protect the right of working/labouring suitable with the age, no affect of the studying, the physical and mental development of the adolescences. In which, it focused on 4 groups: identifying the suitable working age; the rules of recruitment and using adolescences; working and rest time; work and woking site suitable with adolescent workers. At the same times, issuing the regulation protecting right of children/adolescence in labour are really important in contributing to strengthen competitive capability, sustainable development of the businesses and meet the commercial demand of Vietnam, especially in the context of Vietnam ratified CPTTP Agreement and towards signing and ratifying EVFTA.
Currently, The Labour Code applied for labourers in formal areas, while, most of children work in informal areas, they are at risk of becoming child labours if there isn’t any protection.
With the amendment content of the articles relating to children, adolescences including: identifying the minimum labour age; giving the regulation for recruitment and using adolescent labourers; identifying the suitable working time and rest time; identifying the work and working site match with children’s ability. Specifically, the regulated age, the minimum working age from 15 years old and above; Minor workers are those who are under 18 years of age ( 3 milestones of age: under 13 years old, 13 to 15 years old; 15 to under 18 years old)
On the proper working time, working time for minor worker under 13 years old is not more than 01 hour/day or 05 hours/week; minor worker from 13 to under 15 years old: not more than 4hours/day or 20 hours/week; minor worker from 15 to under 18 years old: not more than 08 hours/day or 40 hours/week; Minors worker from 15 to under 18 years old can work extra hours, at night in certain work and sectors.  
All contents of this Conference are issues impacting directively to the huge number of labourers, enterprises. Therefore, these contents should be discussed and collect the opinion of the relating subjects in order to better protect the basic right of labourers at working site, especially, the adolescences and contribute to complete the   labour market institution which meet the requirement of improving the human resource quality and competitive capacity of Vietnam in the context of international integration. All representatives said that, the Labour Code amendment should regulate clearly the minimum labour age and the exception; should detailize some Article in Labour Code, Law on Disabilities through the guiding document; it’s necessary to build the guidline of the working method, treatment with the vulnerable people, help them integration in businesses...
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