Microsoft Word - 25506-pro.doc
Lentera Hukum, Volume 8 Issue 3 (2021), pp. 447-470
ISSN 2355-4673 (Print) 2621-3710 (Online)
https://doi.org/10.19184/ejlh.v8i3.25506
Published by the University of Jember, Indonesia
Available online 30 November 2021
__________________________
* Corresponding author’s e-mail: huyenluat1976@gmail.com
Impact of Economic Downturn on Child Labor in
Vietnam
Nguyen Thanh Huyen*
Vietnam National University, Vietnam
ABSTRACT: The economic recession led to the economic downturn, loss of jobs and income,
and the risk of falling back into the poverty of near-poor and poor households. This recession
caused an increase in child labor. This study aimed to analyze the concept of child and child
labor under a regulatory framework and assess how the economic downturn affects child labor in
Vietnam. This study used analytical research methods through synthesis, comparison, and legal
analysis, emphasizing literary research based on secondary research data. This study showed that
the economic downturn increased the proportion of child labor because the parents and the
family's breadwinner are unemployed or cut down on their income. Children were out of school
to help household businesses or look for work for extra income. The economic downturn
increased the number of children working in unsafe working conditions. It increased the risk of
children being forced into illegal jobs prohibited and exposing children to labor to risk forced
labor. It resulted in difficulties preventing and eliminating child labor, especially in a developing
country like Vietnam, due to the high number of employees working in the informal sector,
who were often unsupported by social security policies such as unemployment insurance and
social insurance. This study suggested that the Government should establish policies to promote
sustainable economic development and promulgate appropriate social security policies to
promptly support workers and their families out of difficulties caused by job loss. Also, it should
organize the effective implementation of regulations on eliminating child labor and raise social
awareness in preventing and eliminating child labor.
KEYWORDS: Economic Downturn, Child Labor, COVID-19 Pandemic.
Copyright © 2021 by Author(s)
This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International
License. All writings published in this journal are personal views of the authors and do not
represent the views of this journal and the author's affiliated institutions.
Submitted: 16/07/2021 Reviewed: 08/09/2021 Revised: 12/11/2021 Accepted: 22/11/2021
HOW TO CITE:
Huyen, Nguyen Thanh, “Impact of Economic Downturn on Child Labor in Vietnam” (2021) 8:3
Lentera Hukum 447-470. DOI: <https://doi.org/ 10.19184/ejlh. v8i3.25506>.
448 | Impact of Economic Downturn on Child Labor in Vietnam
I. INTRODUCTION
Socio-economic conditions and poverty are key factors to contribute to
child labor.1 The economic downturn caused by the COVID-19 pandemic
is considered the biggest catastrophe. It confronts the world since World
War II, the most significant economic downturn since the Great
Depression of 1930.2 The economic downturn has affected all aspects of
social life, including child labor which the international community,
countries, and society are trying to eliminate because of its severe
consequences for the younger generation.
There have been previous studies on child labor and its impact on
economic recession and economic growth. First, the International Labor
Organization (ILO) in 2013 showed that child labor is a vital part of a
symptom of poverty; child labor is most pervasive in countries where
income levels are lowest.3 This report affirmed child labor is not an isolated
issue explained by poverty. Instead, the child labor phenomenon is the
combined product of many factors that bridge traditional policy
boundaries.4 Secondly, another research pointed out that household-level
poverty is a crucial driver of child labor and some factors contributing to
child labor, including economic vulnerability associated with poverty, risk
in driving children to work, barriers to education, discriminatory social and
cultural norms, poor enforcement of legislation and policies to protect
children, and lack of decent work opportunities.5 Third, another study also
concluded that widespread child employment dampers future economic
1 Sourav Mondal, et al., “Characteristics of Child Labour and Their Health Problems:
Findings from Rural Community of India” (2016) 8:10 Health, online:
<https://www.scirp.org/journal/paperinformation.aspx?paperid=68374>.
2 Nhật Minh, “World economy before the COVID-19 epidemic,” online: <https://
tapchicongsan.org.vn/web/guest/the-gioi-van-de-su-kien/-/2018/820140/kinh-te-
the-gioi-truoc-dich-benh-covid-19.aspx>.
3 International Labor Organization, World Report on Child Labor: Economic
Vulnerability, Social Protection, and the Fight Against Child Labor (Geneva:
International Labor Office, 2013) at 11-12.
4 Ibid at 13.
5 Paola Pereznieto, et al., “Eliminating Child Labor, Achieving Inclusive Economic
Growth” (2016) World Vision UK and Overseas Development Institute, online:
<https://assets.worldvision.org.uk/files/2214/7801/5728/Child_labour_-_Economic_
Growth_report_-_Oct_2016.pdf> at 13-14.
449 | LENTERA HUKUM
growth through its negative impact on child development and depresses
current growth by reducing unskilled wages and discouraging the adoption
of skill-intensive technologies.6 ILO and the United Nations Children’s
Fund (UNICEF) in 2020 reported that the COVID-19 pandemic
increased economic insecurity, profoundly disrupted supply chains, and
halted manufacturing.7 Tightening credit is constraining financial markets
in many countries, and public budgets are straining to keep up.8 When
these and other factors result in losses in household income, expectations
that children contribute financially can intensify. More children could be
forced into exploitative and hazardous jobs.9 In summary, these previous
studies showed some impacts from many social factors on child labor, in
which economic factors are emphasized.
However, they only focused on the consequences of economic recession,
poverty, increased child labor, and labor laws for minor workers. They did
not critically examine how poverty and economic recession affect child
labor as well as ways to limit the impact of the economic downturn on child
labor. This study aimed to critically examine the impact of the economic
downturn on child labor, encompassing children dropping out of school to
support the family economy and work in hazardous jobs, as well as work in
unguaranteed conditions. They are at risk of doing the worst jobs
prohibited by law and at risk of being forced into labor.
This study consists of two main discussions to deal with reflections on the
legal basis of child labor. The first part analyzes the impact of economic
recession on child labor by referring to the case in Vietnam. The second
part provides alternatives to limit the negative impacts of the economic
downturn on child labor. This study suggested preventing and eliminating
child labor caused by the economic downturn in Vietnam.
6 Eric V Edmonds & Caroline Theoharides, “Child Labor and Economic Development”
in Handbook of Labor, Human Resources and Population Economics (New York,
Springer, 2020) at 1.
7 International Labor Organization and United Nations Children’s Fund, COVID-19
and Child Labor: A Time of Crisis, A Time to Act (New York: ILO and UNICEF,
2020) at 1.
8 Ibid.
9 Ibid.
450 | Impact of Economic Downturn on Child Labor in Vietnam
II. METHODS
This study used qualitative research methods based on the collection and
analysis of data mainly from the 2018 National Child Labor Survey of
Vietnam. It was conducted in conjunction with the 2018 Labor Force
Survey by the General Statistics Office of Vietnam (GSO) in November
and December 2018, with a sample size of 38,280 households nationwide
in 2,552 enumeration areas. In addition, this research used the data from
published papers. These data were analyzed or illustrated with charts to
prove the statements in this study. Also, this study used analytical,
synthetic, and comparative research methods, emphasizing literary research
to assess the impact of the economic downturn on child labor in different
aspects. Moreover, the legal analysis method was used to analyze
shortcomings in policies and legal regulations to promote the economy to
overcome the recession, as well as some rules of Vietnam to prevent and
eliminate child labor.
III. IMPACT OF ECONOMIC RECESSION ON CHILD LABOR
IN VIETNAM
The surveys on child labor showed that family financial conditions, poverty,
and income pressures are still the fundamental reasons children participate
in work and child labor.10 The economic downturn and the COVID-19
pandemic have had many implications on child labor.
A. The Pandemic and Economic Recession’s Impacts on Children’s Study
The pandemic and economic recession make children ineligible to study
well, even leave school early to join the labor force to help support the
family economy. The Ebola epidemic from 2014-2016 was a reason for the
significant increase in child labor in West Africa.11 Large numbers of
10 International Labor Organization & General Statistics Office & Ministry of Labor,
Invalids and Social Affairs, Viet Nam National Child Labour Survey 2018 - Key
Findings (Geneva: ILO, 2020) at 67.
11 Iffat Idris, Impact of COVID-19 on Child Labour in South Asia (K4D Helpdesk
Report 819) (Brighton: Institute of Development Studies, 2020) at 2.
451 | LENTERA HUKUM
children were left vulnerable, and child labor (and child marriage) is
influenced regions expanded.12 Children also reported accomplishing more
family errands, like gathering kindling and getting water.13
In Vietnam, the COVID-19 pandemic has severely affected the whole
society. As of December 2020, Vietnam had 32.1 million people aged 15,
and they were affected. In the first quarter of 2021, the unemployed
working-age was nearly 1.1 million, increasing 12,100 people compared to
the first quarter of 2020.14 Unemployment and rotational leave mean no
income or reduced income; all directly affect workers and their families.
Vietnam had between 4.6 and 10.3 million workers affected by the
pandemic in April 2020.15 They have to cut many types of spending,
including spending on their children's education and learning. This
pandemic has also affected nearly 23 million students,16 from pre-school to
high school, impoverished children who are not eligible for online or
television learning. During the implementation of social distancing, the
number of children absent from school tends to increase mainly due to the
difficulty of their families' economy. Then, they drop out of school to help
support the family, especially children in highlands, deep-lying, remote,
and economically disadvantaged areas. The high dropout rate (with over 10
students per year) mainly concentrates on ethnic groups such as Mong,
Dao, Xodan, Ede, Cham, Khmer.17 It affects an individual's positions and
12 Edo Fernando, “Criminal Law Policy on the Protection of the Marriage of the Underage
Children” (2020) 1:1 Indonesian Journal of Law and Society 75–100 at 76.
13 Iffat Idris, supra note 11.
14 TuoiTre Online, “More than 1 million people were unemployed and underemployed in the
first quarter because of COVID-19,” online: <https://tuoitre.vn/hon-1-trieu-nguoi-
that-nghiep-thieu-viec-lam-trong-quy-1-vi-covid-19-20210416103932254.html>.
15 UNICEF, "World Day Against Child Labour 2020: Viet Nam joins global campaign to
confront the intensified risk of child labor resulting from COVID-19," online:
<https://www.unicef.org/vietnam/press-releases/world-day-against-child-labour-
2020-viet-nam-joins-global-campaign-confront>.
16 Giaoduc Vietnam, “Nearly 23 million students nationwide start the new school year
2020-2021,” online: <https://giaoduc.net.vn/giao-duc-24h/gan-23-trieu-hoc-sinh-
ca-nuoc-khai-giang-nam-hoc-moi-2020-2021-post212153.gd>.
17 Thanh Huyền (2020) “What is the solution to the problem of ethnic minority students
dropping out of school?,” online: <https://baodantoc.vn/giai-phap-nao-cho-van-nan-
hoc-sinh-dtts-bo-hoc.?
452 | Impact of Economic Downturn on Child Labor in Vietnam
pays in the future because each year of additional schooling prompts an 11
percent ascending later income for an individual on average.18 In particular,
as of October 2020, children orphaned by the pandemic have reached 2,500
children. Ho Chi Minh City is the locality with the highest number of
orphans with 1,584 children, Binh Duong has 233 children, Dong Nai has
121.19 As a result, these children are at risk of dropping out of school and
will engage in labor for a living.
Due to the economic recession, the absence of children from school does
not only help families reduce spending but also contributes to finding more
income. Many families believe that children's participation in working
helps them grow up faster. Child labor is mainly involved in economic
activities in the informal economy. In the formal economy, there are still a
few cases of child labor participating in working before reaching the age of
majority, at least as required by law, or children working in heavy,
hazardous, and dangerous conditions prohibited by law. According to ILO,
instances of child labor under 15 were discovered.20 One deals with a
teenager working for a catering service sub-contractor. Another involves
two teenagers recruited as temporary sewing assistants four months short of
their 15th birthdays.21 Only 2/15 of child labor continued to attend the
Continuing Education program in the evening or weekend.22 From 2020,
the implemented social distance in Vietnam has made it even more difficult
to check and detect early acts of abuse and exploitation of child labor at
production facilities.
18 Paola Pereznieto, et al.,, supra note 5. at 16.
19 Cong an Nhan Dan Online, “Proposal to support 2,500 orphans due to the death of their
parents due to COVID-19,” online: <https://cand.com.vn/Xa-hoi/de-xuat-ho-tro-2-
500-tre-mo-coi-do-cha-me-mat-vi-dich-covid-19-i632106/ “Đề xuất hỗ trợ 2.500
trẻ mồ côi do cha, mẹ mất vì dịch COVID-19>.
20 ILO & IFC, Better Work: Annual Report 2019 An Industry And Compliance Review
Vietnam (Geneva: Better Work, 2019) at 17.
21 Ibid.
22 NTT Thuy, et al., “Impact of COVID-19 on Child Labor Prevention in Industrial –
Construction Sector,” online: <https://shapesea.com/wp-content/uploads/2021/05/
impact-of-covid-19-on-child-labor-prevention-in-industrial-construction-sector-
thuy-huyen.pdf>.
453 | LENTERA HUKUM
Causes Total % Sex (%) Age group (%)
Male Female 5-12
years
13-14
years
15-17
years
Nationwide 1,031,944 100 100 100 100 100 100
Income generation for oneself 95,956 9.3 9.8 8.5 3.9 3.6 14.6
Income generation for family 213,319 20.7 21.9 18.9 10.2 24.8 25.5
A desire to involve in household's
production and business
281,651 27.3 27.4 27.1 37.6 27.8 20.9
Desire for apprenticeship 32,549 3.2 4.2 1.7 0.0 0.4 6.0
Non-school attendance 68,688 6.7 8.2 4.4 2.7 4.6 9.8
Others 11,561 1.1 1.0 1.3 1.2 0.5 1.3
Not classified 328,220 31.7 27.5 38.1 44.4 38.3 21.9
Table 1: Causes for participation in economic activities by children in child labor23
According to the above table, up to 30% of children work to generate
income for themselves and their families. The trend is most evident in
older children in child labor (15-17 years), where almost 40.1 percent
expressed that they worked to generate pay. 27.3 percent of them
participate in labor to assist in the production and business process of
households. While the economy is not the main reason, up to 30 percent of
children are not deprived of the right to study. Children's participation in
labor can earn money to serve their life, but it deprives the opportunity to
work sustainably in the future because of being uneducated and untrained
at a young age. In addition, the younger children start to work, the more
significant the impact of work on learning loss. It is demonstrated to be
especially the case for children under 13 years old, experiencing different
adverse consequences beyond education, such as health and attitudes.
Vietnamese data show that child labor prompts generous negative
implications on school participation and accomplishment. Then, decreased
generally cumulated profit in the mid to long haul.24
23 International Labor Organization & General Statistics Office & Ministry of Labor,
Invalids and Social Affairs, supra note 9 at 34.
24 Paola Pereznieto, et. al., supra note 5 at 17.
454 | Impact of Economic Downturn on Child Labor in Vietnam
B. Economic Downturn as A Cause of Child Labor
The economic downturn is also a cause for children to work in unsafe
working conditions. More than 50 percent of children did not attend
school due to working to help families earn extra income.25 They often have
to work from 8 hours to 10 hours per day to help support their families.26
Due to the economic recession, children participating in labor work as
employees or work with their families in unguaranteed conditions, such as
working age, working time, rest time, employment, and hazardous
workplace with dangerous elements.
1. The age of child labor starting to work
Due to the economic downturn or poverty, children often have to join the
labor force at an early age to support the family economy or to earn their
living. As indicated in the diagram below, there is 53.4 percent that begin
to work at 12 years old or more. 10.3 percent began to work under 10 years
old, and 3.5 percent began to work at 5-7 years old, which is exceptionally
young to start working since it often adversely influences children's health.
Chart 1: The age of child labor starting to work27
25 The Management and Sustainable Development Institute & Save the Children
Survey Results Report Young Voices in Vietnam (2020) at 13.
26 Ibid.
27 International Labor Organization & General Statistics Office & Ministry of Labor,
Invalids and Social Affairs, supra note 9 at 40-41.
455 | LENTERA HUKUM
2. The conditions of working time of child labor
Some children participating in work are not guaranteed the working time
and rest time. According to the Labor Code of Vietnam 2019, the
operating hours of people under 15 years old must not exceed 04 hours per
day and 20 hours per week. The minor is not allowed to work overtime and
work at night.28 Working hours of people from full 15 years old to fewer
than 18 years old must not exceed 8 hours per day and 40 hours per week.29
Chart 2: Child labor by working time per week30
According to the chart above, 34.1 percent of child labor had extended
working hours 40 hours or more per week. It is in opposition to the Labor
Code 2019 of Vietnam and adversely influences the health of most working
children, particularly the young ones.
3. Work and workplace of child labor
According to the chart above, regarding the work that child labor does
mainly in the agricultural sector, which attracts 62.2 percent of child labor,
in the industry and construction, 18.3 percent of child laborers participate,
and the service industry attracted 19.5 percent of child laborers to
participate. With working location, children in child labor work in very
assorted areas for certain primary places where these children often work,
28 Clause 1 Article 146 Labor Code of Vietnam 2019.
29 Clause 2 Article 146 Labor Code of Vietnam 2019.
30 International Labor Organization & General Statistics Office & Ministry of Labor,
Invalids and Social Affairs, supra note 9 at 36.
456 | Impact of Economic Downturn on Child Labor in Vietnam
namely their house (24.7 percent); farms, fields, and gardens (12.1
percent); construction sites (12.2 percent); mobile workplaces (over 8
percent); shop/kiosk/restaurants (around 4.8 percent).31
Chart 3: Child labor by sector of work32
In the past period, due to the COVID-19 pandemic, children had to stay
home from school. Many families did not have a babysitter (especially
kindergarten and primary school age). Their parents had to take their
children to work (like selling goods at the market, working on the farm, or
working in a small factory at home), both working and looking after them.
Children do not participate in labor, but their safety is not guaranteed.
C. Economic Downturn and Children’s Engagement to Worst Jobs
The economic downturn increases the risk that children are forced to
engage in the worst jobs prohibited by law. In compliance with the
provisions on prohibition and urgent action to eliminate the worst forms of
child labor in Convention No. 182, 1999 of ILO, Viet Nam has issued a
list of jobs and workplaces where it is strictly forbidden for minors to
31 Ibid at 35.
32 Ibid at 34.
457 | LENTERA HUKUM
participate.33 In fact, according to Viet Nam National Child Labor Survey
2018 Key finding, nearly 10.5 percent of children in child labor had to lift
heavy objects weighing 30 or more kilograms. It was almost 9.1 percent of
them had to operate production machines and equipment during their
working process. However, the majority of these children were adolescents,
about 15-17 years old, and at this age, they are more physically mature and
more mindful of labor safety at work.34
Children in child labor often worked in hazardous environments and
working conditions to the working environment. The survey results in the
table above indicate that 27.7 percent of these children were in touch with
ashes, garbage, and exhaust at their workplace. 11.5 percent worked in
environments that had high levels of vibration and strong movement.
Nearly 11 percent of them were involved in work environments with
extreme temperatures, and over 8 percent were in touch with chemical
substances at work. Primarily, more than 3.2 percent of them worked on
construction sites, and more than 3 percent worked in the underwater
environment. These working environments were regularly considered
hazardous for children. It affects children's health negatively, physical and
mental health such as poor growth, malnutrition, higher incidence of
infectious and system-specific diseases, behavioral and emotional disorders,
and decreased coping efficacy,35 even affecting their lives. For example, an
estimated 13.3 percent of these children have undergone skin or open
wounds, dislocations, sprains, bruises (over 4 percent).36
33 Article 147 Labor Code 2019 and Appendix III and Appendix IV issued with
Circular No. 09/2020/TT-BLDTBXH dated November 12, 2020, of the Minister
of Labor, War Invalids, and Social Affairs.
34 International Labor Organization & General Statistics Office & Ministry of Labor,
Invalids and Social Affairs, supra note 9 at 38.
35 Abdalla Ibrahim, et al., “Child Labor and Health: A Systematic Literature Review of the
Impacts of Child Labor on Child’s Health in Low and Middle-Income Countries” (2019)
41:1 Journal of Public Health 18–26.
36 International Labor Organization & General Statistics Office & Ministry of Labor,
Invalids and Social Affairs, supra note 9 at 42.
458 | Impact of Economic Downturn on Child Labor in Vietnam
Working environment Total %
Dust, rubbish, smoke 286,253 27.7
Gases, flammable and explosive substances 26,069 2.5
High level of vibration and strong movement 119,363 11.5
Extreme temperatures 111,927 10.8
Working underground/in caves/ tunnels 3,097 0.3
Working in high places (over 3 meters) 25,554 2.5
Working underwater (ponds, lakes) diving and offshore fishing 33,373 3.2
Too dark and too narrow workplaces 10,642 1.0
Contact with chemical substances (Pesticides, glue) 82,860 8.0
Addictive substances (drug) 749 0.1
Working on construction sites 33,702 3.3
Working in smithies, medical metal casting workshops 6,765 0.7
Working in production workshops or running businesses on
beverage/cigarettes
4,024 0.4
Others 10,266 1.0
Table 2: Child labor by the working environment37
The economic recession increased child labor doing hazardous jobs for a
living. Many children have to accept working even in conditions that
adversely affect their health to get a job in difficult times. According to the
result of the research, out of 519,805 children doing heavy, hazardous, and
dangerous work, up to 47% are child labor receiving wages and salaries;38
43% are household child labor.39 Although children who do these jobs are
mainly in the age group from 15 to 17 years old with relatively good
physical strength, the number is worth considering (519.805 children),
accounting for 50.4 percent of the total number of child labor and account
for 2.7 percent of the country's population of children between 5 and 17
37 Ibid at 37.
38 Ibid at 46.
39 Ibid.
459 | LENTERA HUKUM
years old.40 40.6 percent of child laborers do heavy, hazardous, and
dangerous work with 40 working hours or more per week.41
This data is worth pondering and needs an appropriate way to reduce child
laborers doing heavy, hazardous, and dangerous work in the household. For
example, the Program on Prevention and Elimination of Child Labor in
Agriculture and Fishing in a Raft Village (Ma Da Commune, Vinh Cuu
District, Dong Nai Province) have helped at least 250 children under 18
years of age laborers or at risk of heavy and hazardous, dangerous labor in
the fields of agriculture and fishing and these children's families are the
beneficiaries of direct support from the program to help them to prevent,
protect, or removed from heavy, hazardous, or dangerous work.42 Besides,
due to the difficulties caused by the economic recession, it is also difficult
for production facilities to invest in machinery and improve working
conditions, especially for small and micro-production units.
D. Economic Downturn and the Risk of Forced Labor
The economic downturn makes children involved in work will face the risk
of forced labor. According to statistics, for every 1000 children in the
world, 4.4 children are victims of modern slavery,43 and more than 1
million victims of forced sexual exploitation–21 percent of all victims–were
children under 18.44 In Vietnam, there are no official survey data on forced
labor against children. However, in reality, many children work to earn
their living in remote places without the protection of their parents. Some
children are forced to work at the request of their employers, are not agreed
and guaranteed in terms of wages, working hours, rest time, or are
physically and mentally abused.
40 Ibid at 45.
41 Ibid at 51.
42 Ministry of Labour, Invalids and Social Affairs – International Labor Organization -
ILO (2013) “Prevention and Elimination of Child Labor in Agriculture and Fishing in a
Raft Village – Potential Model Document” Capacity in Ma Da Commune, Vinh Cuu
District, Dong Nai Province" at 4.
43 ILO & Walk Free Foundation, Global estimates of modern slavery: forced labor and
forced marriage (Geneva: ILO, 2017) at 24.
44 Ibid at 40.
460 | Impact of Economic Downturn on Child Labor in Vietnam
From the above analysis, the economic downturn substantially impacts the
increase in child labor. In other studies, the experts also prove how putting
resources into eradicating child labor can add to inclusive economic
development, advance global prosperity, and handle extreme poverty.45
Thus, the relationship between the economy and child labor is dialectical,
the economic recession increases child labor, and the elimination of child
labor is a way to help the economy grow. For the cancelation of child labor
to promote human resources improvement, a vital driver of economic
development,46 and the abolition of child labor to promote decent work.47
In addition, to participate more deeply in global trade, Vietnamese
businesses need to ensure that their supply chains do not use child labor.48
IV. ALTERNATIVES TO LIMIT NEGATIVE IMPACTS OF THE
ECONOMIC DOWNTURN ON CHILD LABOR
Disadvantaged people facing difficulties due to economic decline should be
supported on time. It is to minimize negative impacts on children in
general and child labor in particular. Hoop and Rosati showed that cash
transfers to helpless families lessen child labor.49 These transfers particularly
significant in assisting families with adapting to economic shocks, by
referring to an experience of Mexico and Zambia.50 In Vietnam, the ways
to directly support poor children to go to school through supporting books,
school supplies, and expenses; household livelihood development, and
45 Paola Pereznieto, et al., supra note 5 at 16.
46 Ibid.
47 Ibid at 19.
48 DTQ Trang & NTL Anh, Preventing and Eliminating Child Labor in Vietnam’s
Businesses in the Context of COVID-19 Epidemic, online <https://shapesea.com/wp-
content/uploads/2021/05/preventing-and-eliminating-child-labor-in-vietnam-
trang_lan-anh.pdf>.
49 Jacobus De Hoop & Furio C. Rosati, “Cash Transfers and Child Labor” (2014) 29:2
World Bank Research Observer 202–234.
50 Alain de Javry, et al., “Can Conditional Cash Transfer Programs Serve as Safety Nets in
Keeping Children at School and from Working When Exposed to Shocks?” (2006) 79:2
Journal of Development Economics 349–373. Solomon Asfaw, et al., “Cash Transfer
Programmes, Weather Shocks and Household Welfare: Evidence from A Randomised
Experiment in Zambia” (2017) 9:4 Journal of Development Effectiveness 419–442.
461 | LENTERA HUKUM
vocational training for parents of benefits children have also been effectively
implemented in the rafting51 and handicraft villages.52 In the Indonesian
context, it also works in spite of several critiques on its effective measures to
improve school access.53
In Vietnam, social security policies like paying unemployment insurance,
supporting workers who are briefly suspended from work, subsidizing poor
people, and the individuals who have lost their pay because of the impact of
the COVID-19 pandemic–implementation of social distancing–was
promptly and effectively implemented. The number of unemployed
decided to receive unemployment benefits from the social insurance agency
to organize payment in 2020 was 1.019 million people, an increase of
141.290 people (16.1 percent) compared to 2019.54 The amount of
unemployment insurance payment was 16.219 billion VND, an increase of
4.043 billion VND (33.2 percent) over the same period in 2019.55 The
increase in the number of recepients receiving unemployment benefits is
caused by the suspension of business or bankruptcy due to pandemic and
economic recession.
Workers in the informal sector need more attention as this group accounts
for a large proportion, is vulnerable and suffers the most. This group is
outside the scope of benefits of the current policy. The Vietnamese
Government has implemented a support package of 62 trillion VND (the
51 Ministry of Labour, Invalids and Social Affairs – International Labor Organization
(2013), “Prevention and Elimination of Child Labor in Agriculture and Fishing
Sectors in a Raft Village. Documenting Potential Modeling in Ma Da Commune,
Vinh Cuu District, Dong Nai Province” International Program on Elimination of
Child Labor (IPEC), ILO Office in Vietnam. – Hanoi, 2013 at 21.
52 Ministry of Labour, Invalids and Social Affairs – International Labor Organization
(2013), “Prevention and Elimination of Child Labor in Traditional Craft Villages
Wood and Stone Crafts. Documenting the Potential Model in Hien Giang
Commune, Thuong Tin District, Hanoi City". International Program on the
Elimination of Child Labor (IPEC), ILO Viet Nam Office. – Hanoi, 2013 at 10.
53 Muhammad Bahrul Ulum & Dina Tsalist Wildana, “Promoting the Right to
Education through A Card: A Paradox of Indonesia’s Educational Policy?” (2019) 4:1
Journal of Indonesian Legal Studies 143–160 at 150.
54 Vietnam Social Insurance (2021), Report on the results of leadership and
management in 2020 and directions and tasks in 2021, January 11, 2021.
55 Ibid.
462 | Impact of Economic Downturn on Child Labor in Vietnam
first time),56 for both employees and self-employed people across the
country, so it is difficult to determine the beneficiaries. It is the reason that
this support is difficult to quickly and promptly reach those who need help.
While the Government timely supports employees and self-employed
people to overcome difficulties due to the impact of COVID-19, it will
limit children's participation in labor. Thus, the Government should assign
local authorities to identify the self-employed to receive timely support to
solve this situation. When workers affected by the economic downturn
receive timely help, it will help their families' lives be less disturbed, help
them have the opportunity to find suitable jobs, adapt to new situations,
and not fall into unnecessary tragedies. This policy is the basis for reducing
child labor in Vietnam. In July 2021, with the recent outbreak of COVID-
19, the Government of Vietnam enacted a social security support package
with 26 trillion VND (the second time)57 and overcome procedural
limitations so that people in need can receive support in time.
The Government and business should issue and implement comprehensive
solutions to promote economic recovery. They are essential to minimize the
negative impacts of the economic downturn, particularly against child
labor. First, the Government needs to accelerate the implementation of
public investment to help the economy recover from the COVID-19
recession and create more direct jobs in the short term and other indirect
jobs in a long time. The Fiscal Monitor of the International Monetary
Fund (IMF) estimates that a 1 percent GDP increase in public investment
in advanced economies and developing markets can move GDP up by 2.7
percent and private investment by 10 percent. Above all, they, directly and
indirectly, make somewhere in the range of 20 and 33 million jobs.58 In
Vietnam, the General Statistics Office (GSO) estimates that for every one
56 The Government Resolution No 42/2020/NQ-CP, April 09, 2020, on measures to
support people affected by the COVID-19 epidemic.
57 The Vietnam Government Resolution No 68/2021/NQ-CP, July 01, 2021, on
policies to support COVID-19-hit employees and employers.
58 International Monetary Fund, Fiscal Monitor: Policies for the Recovery (International
Monetary Fund, 2020) at x.
463 | LENTERA HUKUM
percentage point increase in public investment, GDP will rise by 0.06
percentage points.59
In addition, the Government also needs to issue policies to help businesses
overcome the economic downturn; some guidelines have been published
and implemented by the Vietnamese Government, such as (1) reducing
15% of the land rent to be paid in 2020 for enterprises, organizations,
households, and individuals that are directly leased land by the State
according to Decision and/or contract of competent State agency in the
form of annual rent payment, who has to stop production and business due
to the effect of Covid-19 pandemic;60 (2) exempting the guarantee charge
arising in 2020 for government-guaranteed loans to aviation businesses
with outstanding loans until December 31, 2019;61 (3) reducing by 50% the
price takeoff, landing ships flying and operating services prices fly away,
come for flights flying inland from March to the end of September 2020;62
(4) reducing 2% interest rates for direct loans, indirect loans for small and
medium enterprises from the Small and Medium Enterprises Development
Fund;63 (5) reducing 30% of the corporate income tax payable for 2020 for
small and micro enterprises to support in the context of the COVID-19
pandemic.64 However, according to experts, reducing tax and land rent does
not help businesses overcome difficulties.65 The Government needs a
comprehensive solution to support enterprises to recover from the influence
of COVID-19. When the economy is restored, and more workers have
jobs and incomes, their lives and that of their families will be improved,
59 Nhan Dan, "Public investment is a major driver of Vietnam's economic growth in 2020,”
online: <https://en.nhandan.vn/business/tem/9450202-public-investment-is-major-
driver-of-vietnam%E2%80%99s-economic-growth-in-2020.html>.
60 Resolution No 84/2020/NQ-CP of the Government on May 29, 2020, Regarding
the tasks and solutions to continue to remove difficulties in production and business,
accelerate the disbursement of public investment and ensure social order and safety in
the context of Covid-19 pandemic.
61 Ibid.
62 Ibid.
63 Ibid.
64 Ibid.
65 National Economic University (NEU) & Japan International Cooperation Agency,
Assessment of Policies to Cope with COVID-19 and Recommendation NEU-JICA Report
(Hanoi, Vietnam: NEU & JICA, 2020) at 4.
464 | Impact of Economic Downturn on Child Labor in Vietnam
and it will have a positive impact on the reduction and elimination of child
labor.
Nevertheless, perfect legal regulations prevent and eliminate child labor. In
addition to specific legal provisions aimed at recovering the economy and
helping businesses overcome the recession caused by the COVID-19
pandemic, the law also needs to clearly define the content of the concept of
“child labor” to the prevention and elimination of child labor is made easier
in practice. It is important to reiterate that child labor is the use of children
to work contrary to the provisions of the law. Many experts believe that it is
appropriate for Vietnamese law to stipulate that children are under 16 years
old.66 However, in Vietnam, children aged 16 to under 18 suffer from many
disadvantages and unfortunate influences, such as being exploited,
trafficked, kidnapped, abused, neglected, and abandoned. Meanwhile,
Vietnam's current policies and legal regulations on the protection, care, and
education of children mainly focus on the group of under 16 years old
without due attention to the group of children - young people from 16 to
under 18 years old.67 Therefore, the author recommends that Vietnamese
law stipulate that children should be understood as persons under the age
of 18 as regulated in the United Nations Convention on the Rights of the
Child to protect children better, including the prevention and elimination
of child labor.
For jobs children can participate in, Vietnam's labor law only stipulates a
list of light jobs that people from full 13 to fewer than 15 years old can
do.68 According to Vietnam Labor Code 2019, employers may not recruit
and employ persons under 13 years, except for arts and physical training
and sports. Those jobs are regarded as not harmful to these persons'
66 LTK Van & VC Giao, Legal Age of Children Under Vietnamese Law Debates and
Perspectives (Hanoi, Vietnam, 2019).
67 Bảo Yến, “It is necessary to improve the law on the protection of children from full 16 to
under 18 years old according to the international convention on the rights of the child,”
online: <https://quochoi.vn/UserControls/Publishing/News/BinhLuan/pFormPrint
.aspx?UrlListProcess=/content/tintuc/Lists/News&ItemID=44693>.
68 Appendix II, Circular No. 09/2020/TT-BLDTBXH on November 12, 2020, of The
Ministry of Labor, Invalids and Social Affairs, Detailing and guiding the
implementation of some articles of the Labor Code on minor workers.
465 | LENTERA HUKUM
physical, intellectual, and personality development. They shall get the
consent of specialized agencies in charge of labor under provincial-level
People’s Committees.69 In addition, the labor law also stipulates a list of
jobs that harm the physical, intellectual, and personality development of
minors;70 the list of workplaces that harm the physical, mental, and
personality development of minors.71 Therefore, any entity that employs
minors to do prohibited jobs or work in such prohibited places will be
handled by the law. However, the regulations on handling administrative
violations for violations against the rules on minor labor only sanction the
employer–the entity that hires or employs the employee to do the job for
themselves under the agreement) to commit this violation.72
The criminal handling of crimes against regulations on employees under 16
years old is also difficult. It has been a prevalent challenge in many
developing countries, which includes Indonesia. The Indonesian
Government included child labor as a criminal act for employers, but its
implementation remains arduous to enforce.73 One of the cases for unlawful
handling is that the violation has been sanctioned for administrative
violations of this behavior. When children do prohibited jobs and
workplaces for their own families, Decree 28/2020/ND-CP cannot be
applied to administrative sanctions and also faces difficulties when dealing
with children's criminal prosecution in this case. Besides, Decree No.
143/2013/NĐ-CP stipulates that anyone who forces a child subject to
social protection (children under 16 years old with no source of support) to
do hard, hazardous, dangerous labor shall be subject to a fine of from
69 Clause 3, Article 145 Vietnam Labor Code 2019.
70 Appendix III, Circular No. 09/2020/TT-BLDTBXH on November 12, 2020, of
The Ministry of Labor, Invalids and Social Affairs, Detailing and guiding the
implementation of several articles of the Labor Code on minor workers.
71 Ibid.
72 Article 28, Decree No. 28/2020/ND-CP, March 01, 2020, of Government,
Providing penalties for administrative violations in the fields of labor, social
insurance, and overseas workforce supply under contract.
73 Vience Ratna Multiwijaya, “Perlindungan dan Sanksi Pidana bagi Pemberi Kerja Anak”
(2018) 1:1 Hukum Pidana dan Pembangunan Hukum 6 at 5.
466 | Impact of Economic Downturn on Child Labor in Vietnam
5,000,000 VND to 10,000,000 VND.74 Thus, this regulation only protects
children subject to social protection, not all children. The omission in the
two Decrees mentioned above has led to using child labor for the family or
business household has not yet been prevented. To prevent and eliminate
child labor, these legal obstacles need to be amended.
Finally, raising awareness in preventing and eliminating child labor. There
is a need to strengthen propaganda to raise awareness of people and
businesses about the prohibition of using child labor, especially using child
labor to do terrible jobs. Families, schools, and employers need to be
acutely aware of the long-term harmful effects of child labor on children
and their families and society as a whole.
V. CONCLUSION
The economic recession impacts all socio-economic aspects, especially an
increase in child labor. The economic downturn is why children have to
leave school early to earn a living or join the labor force to help support the
family economy. When participating in child labor, they face many risks
such as not ensuring working hours, not ensuring occupational safety and
workplace hygiene, or being forced to work. The study suggests different
solutions to prevent and eliminate child labor. It is necessary to have
appropriate welfare policies to support workers and their families through
the difficulties of the economic downturn. At the same time, the guidelines
to restore and promote economic development need to be effectively built
and implemented because it will create more jobs and better working
conditions and income for workers. In addition, legal policies on the
prevention and abolition of child labor also need to be completed and
effectively implemented. These solutions are a sustainable basis for children
to study and not work to earn a living.
74 Article 5, Point c, Clause 2 Decree No. 143/2013/NĐ-CP October 29, 2013, of
Government, Regulations on sanctioning administrative violations in social
protection and children's and the safety of children.
467 | LENTERA HUKUM
ACKNOWLEDGMENTS
None.
COMPETING INTEREST
The author declared that she has no competing interests.
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