ICESI 2016 - The International Conference on Education and Social Integration Ton Duc Thang University, Ho Chi Minh City, Vietnam August 11th, 2016 CHILD LABOR IN THE PROCESS OF INDUSTRIALIZATION AND MODERNIZATION IN HO CHI MINH CITY, VIETNAM Nguyen Thi Phuong Linh Faculty of Social Sciences & Humanities, Ton Duc Thang University, HCMC, Vietnam Email: [email protected] Do Thi Xuan Huong Faculty of Social Sciences and Humanities, Ton Duc Thang University, HCMC, Vietnam Email: [email protected] Nguyen Thi Thu Trang Faculty of Social Sciences & Humanities, Ton Duc Thang University, HCMC, Vietnam Emai: [email protected] Abstract. In recent years, changes in the socio-economic have created big influence on labor movement in Vietnam. In particular, the problem of child labor in big cities is increasing and being complex. The national investigation on child labor which was released in 2014 indicated that approximately 1.75 million Vietnamese children are child labor. In Vietnam, it is legal for a child at a certain age to be employed in appropriate economic work, without affecting their academic performance, health and child development. In fact, a majority of children in Ho Chi Minh City are being involved in hard and time-wasting work. This study is conducted using the quantitative and qualitative research methodology and ethnographic observation. The report presents three issues: i) Current situation of child labor in the process of industrialization and modernization in Ho Chi Minh City. ii) Affects of early labor to children. iii) Management of municipal authority over child labor. iv) Solution on aspect of government management to prevent illegal child employment and abuse of child labor by employers. The study’s result shows that majority of child labor in Ho Chi Minh City has been doing inappropriate line of works, for example serving in restaurants, selling lotteries, panhandling, assisting for masons, etc. They work over 42 hours per week for little or even no payment. Keywords: Child labor, government management, Ho Chi Minh City, social – economic changes, Vietnam. 1. The Current Situation of Child Labor in Ho Chi Minh City 1,948 towns and hamlets. According to census data on April 2009, the population Ho Chi Minh City (HCMC) has a centre of HCMC was 7,162,864 people with location in many aspects of the country 1,334,385 households. Currently, based on and the region, with an area of 2,095.01 a report from the Labor, War Invalids and square kilometres. The city is organized Social Welfare at the city’s districts, the into 24 districts, 322 wards and communes, number of children under 16 years old are ICESI 2016 - The International Conference on Education and Social Integration Ton Duc Thang University, Ho Chi Minh City, Vietnam August 11th, 2016 1,188,469 people (occupy 16.6 percent). labor and diversify for all subjects, the There are about 16,572 children with number of children in immigrant families special circumstances and 41,513 children from other provinces to live in HCMC be special have increased more and more. Besides, circumstances. With this situation, the due to the economic living standard of the authors used data from the research people in provinces remains difficulties, resources of the Department of Labor, children cannot go to school and they Invalids and Social Affairs in Ho Chi Minh move to the city for the purpose of earning City to analysis the secondary data of the more money to take care of their rural problem has been encountered on child family living or to imitate their friends. labor in the integration period in Ho Chi The evolution of market economy and the Minh City. limitation of cost to obtain high profit have at risk of falling into As being an economic hub that facilitate the development of all sectors, all forms of led to the increasing popularity of hiring children or minor labor. Table 1. Child Labor in Ho Chi Minh City (Period of 2009 – 2013) Year 2009 2010 2011 2012 2013 Child labor 191 252 252 523 1.188 Under 15 age – Child labor 49 52 46 66 26 Source: Ministry of Labor, War Invalids and Social Welfare database Work Type of Children According to a study on child labor in for 6.8 percent; employees such as sale, 2012 by HCMC Department of Labor, War services, etc. accounted for 7.39 percent; Invalids and Social Welfare, within the the remains - 5 children, who followed 170 children were surveyed, the number of vocational training, accounted for 6.8 children percent. working in manufacturing However, there were no business, who were employed to do works significant differences between ages and for example cutting, assembling clothing, type of work. Children between 13 – 16 sewing, was the largest – 154 children, years old (87.23 percent) and 16 – 18 years accounted for 77 percent; the number of old (94.44 percent) were both engaged in children employed in footwear accounted wage labor at a similar rate. ICESI 2016 - The International Conference on Education and Social Integration Ton Duc Thang University, Ho Chi Minh City, Vietnam August 11th, 2016 Table 2. Work Type of Children Seperated by Sex and Age (N=170) Type of Work Male (N=94) Female (N=76) Footwear 2 (2.13%) 3 (3.95%) Vocational training 3 (3.19%) 2(2.63%) Sale, services 2 (2.13%) 4 (5.26%) 87 (92.55%) 67 (88.16%) Garment Type of work < 13 years old (4) 14 – 16 years old (94) > 16 years old (72) Footwear 0 1(1.06%) 4 (5.56%) Vocational training 0 5(5.32%) 0 Doing business 0 6(6.38%) 0 4 (100%) 82 (87.23%) 68 (94.44%) Garment Source: The result of survey about Child labor situation, Department of protecting, caring children, 2012. Since 2010, the children engaged in parents. Due to the particularity of the city, heavy labor in poisonous and hazardous most of them come here to participate in environment have existed only in garment many areas, for instance garment (cutting, processing, domestic goods market, small assembling businesses or households. Most of them services, few of them work as an have come from poor families that have apprentice, while others economic difficulties and the majority of production and services them come from other provinces. Most of enterprises, scale the children engage in volunteer labor with example catering service stores (canteen, the purpose of earning extra income in noodle, coffee, etc.) in market area or order to take care for themselve and downtown. Children working in these support partially for their family. households have assisted not only sales, clothing, sewing), as sales, work in business households, for The majority of working children come serving at table, washing dishes, wiping from many provinces have lower level of clean and tidying up the store, processing education. And none of them have trained food but also stay with the host, then they about career. Child labor usually has not also do the housework such as going got enough awareness of legal on labor. shopping Employment information has been found babysitting, etc. These small business through familiar relationship with their enterprises with household economy are at the market, cook or ICESI 2016 - The International Conference on Education and Social Integration Ton Duc Thang University, Ho Chi Minh City, Vietnam August 11th, 2016 growing fast, spreading in many areas, and is mainly fall into the group that participate definitely labor. both in manufacturing and doing business Specifically, children are the target object type, 26.6 percent of them work from 13 to of these enterprises because using child 15 hours a day, whereas the remains has a labor brings many benefits, for example very low they are paid a lower wage rate, they are manufacturing group). need the unskilled nimble, dexterous, good health than adults, docile, easily carry out the orders, uncontroversial, obedient, etc. the average (2.9 percent in the The working hours of children starts at 7:00 am which accounted for 85.7 percent (14.32 percent of them start to work at Working Time (Days, Hours) Actually, rate number 8:00 am), and ends at 21:00 pm or 22:00 of pm per day. Children at a younger age (10 working days of children is 6.9 days per – 13 years old) start to work later and end a week. In particular, within the surveyed working day earlier than older age children children there are 36.5 percent of them (16 – 18 years old). There are 33.3 percent have to work 7 days a week, 62 percent of of children between 10 and 14 years old them work 6 days a week and only 1.5 start working after 7:00 am, while this percent of them work 5 days a week. Boys percentage in the age group of 15 – 18 is have lower average number of working higher – 41.3 percent. About the time of days than girls (6.9 days versus 6.9 days). ending a working day, there are 14.5 The average number of working hours percent of children from 10 to 13 years old of children is pretty higher than the end before 18:00 pm, while this percentage regulated rate with 9.9 hours per day in the 16 – 18 age cohost group is only 1.9 particularly percent. the average number of The percentage of children working hours of girls are higher than of between 10 and 13 years old end a working the boys (11.1 hours versus 9.5 hours a day in a range of 21:00 – 22:00 pm is 36 day). A bulk of children have to work from percent and none of them work after 22:00 9 to 12 hours per day (67.7 percent), the pm, whereas this percentage in the 16 – 18 number of children work from 13 to 15 age group is relatively 60.2 percent and 9 hours is also occupy a quite high percent. Base on the type of work, the percentage (10.5 percent). However, none group of children work in catering services of them have to work over 15 hours a day. type start to work early (18.3 percent of Base on the work type, the number of children work at 5:00 am) and end the day children have to work from 13 to 15 hours at late night for the most (17.2 percent of ICESI 2016 - The International Conference on Education and Social Integration Ton Duc Thang University, Ho Chi Minh City, Vietnam August 11th, 2016 children end a working day after 22:00 Social Welfare (2012) showed that most of pm). This is the group of children assist in children do not have any serious health food and beverages stores, then they have problems caused by works. When asking to wake up early and work until late to children about the health problems they prepare and sell the food. would have by impact of working, the 2. Affects of Child Labor Health and Safe of Children majority of them said that they do not have any health problems (84 percent). A few of The current jobs seem to have no bad them reported that they usually feel dizzy affects to the health of children. Most of and tired due to work (15.63 percent); be children do not encounter any health injured (external wounds cause bleeding, problems during work. The proportion of scratch, children be injured or get sick while percent) or have respiratory problems working is very low. The percentage of (dyspnea, cough, respiratory infections, children require medical care service due etc) (9.38 percent); the problems of to injury, illness/sickness is also very low. eye/vision (9.38 percent); other injuries to The result of a survey about child labor by health due to work are negligible. bruises, burns, etc.) (56.25 the Department of Labor, War Invalids and “Every day, I get up at 6:00 am to serve breakfast, wash dishes, sweep the house, then I start sewing until 11:30 and have lunch. In the afternoon, at about 14:00 pm I start working to 18:00 pm, then I rest, take a shower, wash clothes, clean and mop the house, have dinner, at 19:00 pm I continue working to 22:00 pm, then I go to sleep, sometime there are rush orders that I have to work up to 12:00 a.m. My salary per month is VND 2 million.” (Extracted from a female in-depth interview, born in 1998 at Hai Duong province) ICESI 2016 - The International Conference on Education and Social Integration Ton Duc Thang University, Ho Chi Minh City, Vietnam August 11th, 2016 Children that participate in early labor are percentage at the next academic year 2013 – vulnerable to the risks, for example the 2014 was 0.14 percent. Also in this ages, the exploitation labor or sexual abuse due to the proportion of children between 6 and 10 working condition of them in informal years old were only occupied a very little sectors, manufacturing rate from 0.01 to 0.04 percent, dropped out facilities, garment factory, child labor in children were mainly between 11 and 14 service sectors such as restaurant, catering years old, and the highest number of service stores, child helper at households dropped out children were in junior high and homeless children that living on the school level. The majority of these children street, etc. Therefore, they are vulnerable to dropped out of school due to the indulgence physical and mental health. Finding the in playing or they were not able to follow solutions for child labor exploitation cases the knowledge, then it led to depression and are administrative they dropped out of school. Dropped out sanctions, very few cases of criminal penalty children that participate in early labor are when the mainly from immigrant families to HCMC. government also faces the embarrassment if Migrant workers tend to bring their children they handle the violated facilities or to the new habitat more and more, ranging employers, children will lose their jobs. from 80 to 90 percent, and these children Hence, it is usually regulated usually participate in labor to support for illegal/unlicensed mainly limited employers at violate. Besides, family economy. Families bring their clearly all commitments between children children to developed urban areas with the and the employers to binding both sides to hope that children can receive more avoid punishments. opportunities to enjoy a better education. Access to the Education for Child Actually, the children that participate in early Labor In recent two years, the percentage of labor usually encounter more difficulties in accessing education. children dropped out of school in the city First of all is in terms of health. The decreased significantly. If in the school year children participate in early labor in HCMC of 2012 – 2013, the percentage of children usually do works such as selling lottery between 6 and 14 years olds dropped out of tickets, shining shoes, selling confectionery, school etc. on the street or in food stores. The was 0.27 percent, then this ICESI 2016 - The International Conference on Education and Social Integration Ton Duc Thang University, Ho Chi Minh City, Vietnam August 11th, 2016 average working time of them is 6.9 days Although in the past few years, the per week and 9.9 hours per day, this made Government them hardly to have time to learn. Besides, decisions in order to increase the access to the working time is too much then education for this children group, however, influencing children’s healthy. They usually the legal barriers to migrant children labor in feel tired caused not having rest time, the field of education still exists. Regarding difficult to focus on learning leads to poor to the legal aspect, it is still needed to have learning, self-depressed, etc. This makes “hộ khẩu” – which means inhabitation children feel dispirited, afraid of learning number or birth certificates for enrollment in and gradually they do not want to learn school and therefore this partially denied the anymore. access to education for migrant children Secondly, child labor follow their family migrant into HCMC usually have has released policies or labor due to not having relevant papers. a Thus, migrant children labor will be difficult precarious living and do freedom work. to have the opportunity to study in public Therefore, they do not have personal schools. Wheares the private schools have a identification documents. According to the high cost compared to the income of Census of Population and Housing in immigrant families and migrant children Vietnam in 2009, the changing of living labor. place has relatively strong influence on the Educational support in the form of fee frequency of going to school of children exemptions or textbook allowances for child between 7 and 18 years old. Comparing with labor is still weak. According to data from the the study "Access to social security of non-migrant children group, the probability of going to school of migrant migrant labor children group is significantly lower. This conducted by the indicates that the children group cannot go Organization, in Go Vap district of HCMC, to school partially due to the migration for a there are only 14.3 percent of unofficial living and working. Migrant children labor migrant have to face with many multidimensional residence - absent statement book or problems and challenges in the enjoyment of inhabitation number from KT3 to older) that the rights to access to education or access to receive educational assistance for children. social security programs in education. This shows that migrant families with labor in some urban areas" ActionAid Vietnam (without the temporary ICESI 2016 - The International Conference on Education and Social Integration Ton Duc Thang University, Ho Chi Minh City, Vietnam August 11th, 2016 children, especially children participate in accounted for 90.72 percent; the percentage early labor, are hardly to access the social of welfare policies on education in their dangerous conditions that were supported immigrant children stability in family life and in the community participate in early labor from migrant reached 1,644/1,897 children, accounted for families have to face by themselves all 86.66 percent. In the period from 2006 to difficulties because they cannot rely on the 2009, the proportion of children work in support policy of the government. It can be hazardous conditions accounted for 15 said this is a very important factor and a percent in the total number of child labor. major impact on the access to education of Since 2009, this rate was reduced to 3.6 children participate in early labor. percent. 3. place. Thus, Management of the Municipal Authority over Child Labor in HCMC children work in hazardous and To ensure an end to child labor have to engage in harmful and dangerous Child labor is an issue that the city’s environment, annually, the Inspectorate of authority paid special attention. The city was Department of Labor, War Invalids and soon implemented effectively the Decision Social Welfare, Branch of Social Evils No. 19/2004/QĐ-TTg released on April 12, Prevention, and the People's Committees 2004 by the Prime Minister on preventing combine with communes, wards and towns and tackling the problem of street children, police office regularly inspect and review child sexual abuse and children work in the homeless children seduction statement, hazardous conditions. begging for money, child labor abuse, Especially was the Scheme No. 4 about mistreatment, violence, sexual abuse in the "Preventing and tackling the problem of city area to promptly have interventions, street children, child sexual abuse and remind or sanctions for violations, and give children work in hazardous and dangerous psychological and health support, or other conditions".The implementation of Decision needs such as education, vocational training No. and psychological counseling for them. and dangerous 19/2004/QĐ-TTg achieved many encouraging results, the percentage of Although the city government has children work in hazardous and dangerous strengthened the inspection and supervision conditions that were taken out from the on the use of child labor, however, the current job reached 1,721/1,897 children, management still faces difficulties because ICESI 2016 - The International Conference on Education and Social Integration Ton Duc Thang University, Ho Chi Minh City, Vietnam August 11th, 2016 the majority of manufacturing facilities too difficult, they need to go to work to earn using child labor are the small ones, or money to support their families and do not households same located in a residential want to return home. area, hence it is difficult to detect. Base on 4. Solutions to Manage Child Labor the Labor Law released on June 18, 2012, -Organizing communication activities to the employer must report the use of persons change the perception and behavior of under 15 years old to the Department of community Labor, War Invalids and Social Welfare, in children that were, are or tend to participate reality, very few of small enterprises, in early labor. specifically the individual manufacturing -Organizing the vocational training for facility regulation. children in need of going to work. Focusing Through observation shows that, some on line of works that appropriate to the households facilities that produce leather strength and the age of children group that shoes, food stores, or garment, etc. use a lot participate in early labor. of workers between 8 and 13 years old, they -Promoting training, dissemination of legal have to work in such dusty, small and dirty knowledge for employers to create their environment, with low wages but still works awareness and avoid using child labor from day to day. The manufacturing illegally. comply with this groups and families have facilities are afraid of observation from strangers and do not let them go inside the base. The fact that local authorities know the status of these illegal employment of manufacturing households, but they still let it happens because this work partially brings income for them to cover their living. If government intervenes in, these children will lose their jobs and inadvertently this push them out of society, they will be vulnerable to fall into bad people seduction and drugs addiction. In addition, many children due to their family circumstances is -Some working titles are difficult to test because the working conditions are not allowed to describe specifically, for example the title No. 73 (work in radio, broadcasting, etc. that affected by electromagnetic fields exceeding the allowable limit); No. 75 (the work that have exposure of organic solvents such as spreading emulsion on photo paper, printing on thin film ...); No. 78 (Direct contact includes manufacturing, packaging, blending, spraying, sterilization), etc. For this line of works, when taking a survey for ICESI 2016 - The International Conference on Education and Social Integration Ton Duc Thang University, Ho Chi Minh City, Vietnam August 11th, 2016 the employee and employer, the three main issues: health, legal identification investigators only based on organoleptic documents, social welfare polices to support estimation (no instruments to measure all the education. Addressing solutions of public factors of the working environment above) communication, to assess and conclude. services, we hope to contribute to improving -Strengthening the field inspection and the social integration of this group in testing to ensure that employers still strictly process of industrialization - modernization enforce the contents related to child labor in Vietnam and especially in Ho Chi Minh laws. This is also a support form for children City. to guarantee for them the regimes on wages, working hours, rest time, etc. in accordance access to educational References HCMC Department of Labor, War Invalids with the law. and Social Welfare, 2014, Report about -Continue to collaborate with the education the implementation of policies and laws sector to create support for children to have on the use of child labor, HCMC. a chance to join in supplementary education Lan, Pham Thi Phuong, 2014, Preventing or vocational training; Coordinate with the child labor abuse and contributing to public health sector to support and give improve the implementation of children’s treatment for children that unfortunately rights in Vietnam, Scientific Magazine of have occupational accidents. National -Enhancing the community communication Jurisprudence, Hanoi. with more measures to find consensus, to encourage people to discover and report the case of using illegally child labor and University of Hanoi: National investigation about child labor in 2012. Vietnam ActionAid Organization, 2012, juvenile labor. Brief of the policy: Access to the Social 5. Conclusion Security of migrant labor, The Publisher Currently, the child labor issue is always received the attention from the Government of Labor and Social, Hanoi. Blue Dragon Children’s Foundation, and society. There have been many solutions Document sharing for fundamental and policies are proposed to support this officers: Prevention group. However, access to the education for trafficking for the purpose of children child labor still is difficulties. They are in exploitation, Hanoi. of children ICESI 2016 - The International Conference on Education and Social Integration Ton Duc Thang University, Ho Chi Minh City, Vietnam August 11th, 2016
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