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Nam has adopted a complex of laws and regulation In Viet Nam, although progress has been made in
to protect children from harm and exploitation, and changing the concept and practice of child care and
promulgated many policies on child care. However, protection, behaviour and acts of child abuse in vari-
despite government and society’s efforts, violence ous forms such as physical, emotional and sexual,
against children in Viet Nam is still widespread. and labor abuse remain common in contrast with our
Viet Nam's population in 2017 was estimated at efforts and desires. There are no official statistics on
93.7 million persons [4]; by age structure, the num- CSA, and the figures are not accurate (if any), often
ber of children under 15 years old accounts for only reporting registered severe sexual abuse cases.
23.55 percent (22.07 million) [5]. According to a re- The term “case” mainly means to note the occurrence
port by General Statistics Office, Viet Nam (GSO) rather than the headcount. We can find some sensi-
and UNICEF, nearly 68.4 percent of Vietnamese tive numbers in studies or surveys. The surveys con-
children aged 1-14 are reported to have experi- ducted with students aged 12-17 show different re-
enced violence at home by their parents and care- sults of the lifetime prevalence of CSA. For example,
givers. That is, about 15 million children have ever 19.7 percent as a result of 2006 Cross-sectional sur-
experienced violence in their life [6, p.8]. vey [11] or 7.1 percent from Viet Nam prevalence
Sexual abuse is “ugly” word that refers to “infa- study on child maltreatment [12].
mous” behaviors but still happens in Viet Nam soci- The mentioned above figures do not represent the
ety. The National Study on Domestic Violence situation of CSA in whole country. Firstly, the surveys
against Women in Viet Nam conducted by GSO in do not mention children under 12 years old; secondly,
2009-2010 showed that lifetime prevalence of chil- the difference of the results is due to the surveys
dren under 15 years old who have been sexually conducted with students at the school in different lo-
abused was 2.8 percent [7, p.68]. calities (not with the street children who are at high
Problem statement and Research question risk of being abused); and lastly, the awareness and
Over the World the results of studies from 22 boldness of telling the truth of students living in cities,
countries estimated that 7.9 percent of male and rural or mountain areas are also at different level.
19.7 percent of female had suffered some forms of The report of the Ministry of Labour, Invalids and
sexual abuse before the age of eighteen [8]; respec- Social Affairs (MOLISA) to the National Assembly on
tively, 4.1 percent and 11.3 percent in Asia (Fig.1). June 6, 2018 showed that in five years (2011-2015),
Child sexual abuse (CSA) is a form of child in the entire country, there were 8,200 child abuse
abuse. It includes a wide range of actions between cases with nearly 10,000 victims reported, 258 vic-
a child and an adult or older child. It is often related tims increased compared to the previous five years.
to sexual activity that the child does not fully com- The number of cases of CSA accounted for 5,300
prehend, is unable to give informed consent to, or cases (about 65 per cent) [13].
for which the child is not developmentally prepared Violence against Children, including CSA, is a real
[9]. The Vietnamese Law on Children 2016 (Law existence in Viet Nam. The purpose of this study is to
№.102/2016/QH13) defines that “CSA refers to the clarify characteristics of CSA behaviors in Viet Nam
act of using violence, threatening to use violence, and the consequences for victim’s lives, and to con-
forcing, persuading or seducing a child to engage in tribute the author's initiative to community efforts to
sexual acts. CSA includes rape, aggravated rape, end violence against children.
sexual intercourse or molestation with children and Methodology and Data
use of children for prostitution or pornography in any Comparative research methods highlight the se-
form” (Article 4). In short, a child is sexually abused verity of CSA in Viet Nam based on published data.
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and sometimes of humanitarian reasons for the vic- under 6 years old (13 percent of total cases), showing
tim's normal life in the future. the increasingly complex and unpredictable evolution
Additionally, violent acts against children and of this form of crime.
CSA cases are discovered, reported and dealt with 2. It is worthily noted that in most CSA cases of-
according to the law only when they reach the crim- fenders are acquainted with their victims: 21.3 per-
inal threshold. Thus, the published data may be just cent are family members (father, stepfather, adopted
“the floating part of the iceberg”. –father, brother, cousin, uncle); 6.2 percent relates to
Discussion school staff (teachers, caregiver, and school guard);
In 2006, the Cross-sectional survey in a conven- 59.9 percent are other acquaintances (baby-sitters, or
ience sample of eight secondary schools in urban neighbors); roughly 12 percent are strangers [17].
Hanoi and rural areas of Hai Duong province 3. Parents, family members and caregivers do not
(Northern Viet Nam) was conducted by a group of know about the characteristics of child psychophysi-
experts. 2,591 students aged 12 to 18 years (94.7 ology and the risks that children may be at, and do
percent) out of 2,737 from 61 classes eligible to par- not openly talk to children about gender issues.
ticipate completed the questionnaire [11]. As part of Therefore, it leads to a lack of understanding among
the survey results, the lifetime prevalence of child children about the physiological and sexual character-
abuse of specific types is summarized in Fig. 1. istics of their ages, and to a limitation of knowledge
as well as skills to prevent sexual abuse.
4. The fast differentiation between rich and poor
people and the gap in living conditions in the period of
market economy development, rapid urbanization,
family rifts and erosion of traditional cultural values
were the reasons that lead to an increasing number
of out-of school children (OOSC), who are vulnerable
to abandonment, neglect, abuse and labour, sexual
exploitation. The worrisome numbers of OOSC re-
ported in the “2016 Report on Out-of-school Children:
Viet Nam country study” (Table 2).
Table 2
Percentage of 5-14-year-old OOSC in 2014 compared to 2009
Figure 2. - Lifetime prevalence of specific types of maltreatment Age group of OOSC 2009 2014
and of multiple types of maltreatment in childhood in cross- (%) Number %
sectional study, Viet Nam, 2006; source: [11]. 5-year-old OOSC 12.2 99,200 6.7
6-10-year-old OOSC 4.0 180,500 2.5
11-14-year-old OOSC 24.4 435,700 8.1
The General Police Department of MPS has re-
Source: [18].
ported that the number of registered child violence
cases is only a small fraction of reality. The majority By the end of December 2017, there had been
of victims are girls aged 12-15, accounting for 57.4 nearly 1.45 million children in special circumstances
6 percent. However, a heartbreaking reality is that among 26.3 million children in the country [18].
the children under 6 years old being sexually UNICEF estimated that 16 percent of children
abused accounts for 13.2 percent [14]. About 80 aged five to 17 years are involved in child labour,
percent of victims are female [15]. which presents risks for experiencing violence, includ-
Table 1.
ing sexual abuse ([19]. But in Viet Nam there is a dif-
Number of child abuse cases reported in 2011-2017 and six ference in the concept of child labor. Firstly, accord-
month of 2018 ing to the Labour Code 2012, “employee” means a
Total number Number of Rate person who is at least 15 years of age, has the ability
of child abuse sexual abuse per cent to work, works under an employment contract, is paid
cases reported cases
2011-2015 8,200; 10,000 5,300 64.63 and is managed and controlled by the employer; sec-
victims ondly, in rural areas and low-income families in spare
2016 1,641 1,211 73.80 time children work to help their parents.
2017 1.592 1397 87.75 In Viet Nam, marriage before the age of 18 is pro-
6 months of 720 573 79.58
hibited under the Law on marriage and family 2014,
2018
Source: [13], [16]. but early marriage still occurs in many localities. Par-
ents encourage their daughter's marriage, while they
The situation is an alarming bell for Vietnamese are still children in the hope that marriage will benefit
society. In order to be able to take preventive them financially and socially. In fact, child marriage is
a violation of human rights, harming development of
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122
figures 3&4 we note that: (a) the proportion of early Report from MPS on the implementation of legisla-
marriage in rural areas is higher than this in urban tion on prevention and control of human trafficking in
areas; (b) there is a reducing trend of early marriage the period of 2012 - 2017, organized by the National
in last 30 years. The situation could be explained by Assembly's Judiciary Committee August 23, 2018,
the gap in education and awareness levels as well shows that in the last 5 years 3,090 people were vic-
as the level of protection of children in urban areas tims of human trafficking, of which 90 percent are
which is higher than that in rural and remote areas. women and children, 80 percent are ethnic minorities;
98 percent of victims were sold abroad (over 90 per-
cent to China) [21].
6. The lack of parental attention, unconditional sat-
isfaction on the unreasonable child’s requests, the
omission of their mistakes, etc. create in children bad
habits and selfishness, which leads them to uncon-
trollable actions that are used by malicious people to
harm them.
7. The rate of CSA cases in the community (59 per
cent) is higher than that at home and school. To
some extent, it has a connection with tourism devel-
opment in some localities. The survey, conducted by
the Ministry of Justice with support from UNODC-
INTERPOL Project Childhood, has shown that 80
percent of respondents confirmed the fact of CSA in
travel and tourism in tourist destinations in Viet Nam,
and in most cases offenders are foreigners who come
to Viet Nam as travellers or English teachers [22]
8. Boys are also victims of sexual abuse. World
Health Organization estimates that 150 million girls
and 73 million boys under 18 experienced forced
sexual intercourse or other forms of sexual violence
during 2002. [23]. In Viet Nam the adolescent survey
in some schools resulted in a lifetime prevalence of
sexual abuse of 21.0 percent for boys and 18.4 per-
cent for girls [13]. And a paining example of sexual
abuse with dozens of male students at “Thanh Son”
Ethnic minority boarding secondary school (Phu Tho
province) where the culprit was the rector [24], has
reported in December, 2018.
9. One of the CSA forms is sexual tricks via inter-
Figures 3 & 4. - Proportion of women who were first married or
net. This issue is researched in many studies [25][26].
entered into a marital union before the ages of 15 and 18 by area Online trespasser’s tricks may be: getting acquainted
and age groups; source: [20]. and forming friendships with children; creating trust
by showing interest and love; collecting personal in-
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health problems, that have been found by symp- the authors consider that the whole community, so-
toms of post-traumatic stress disorder (nightmares, ciety and state have made comprehensive efforts to
flashbacks, avoidance behaviours, hypervigilance), end this type of crimes. Effective prevention of CSA
psychological suffering (fear, nervousness, hyper- requires focusing on specific measures.
sensitivity, bad mood, negative self-assessment, The Government and MOLISA should examine
difficulty experiencing pleasure), aggressive behav- and give supplementary terms related to child protec-
iours (disrespect, opposition, lying, theft, unjustified tion legal acts in order to fit in current situation in the
verbally or physically aggressive acts towards oth- country and Convention on Child’s rights, internation-
ers, bullying), suicidal thoughts and suicide at- al treaties and commitments on children protection of
tempts, and even unsuitable sexual behavior [28]. which Viet Nam is a member. For example, the defini-
Viet Nam’s legal framework for child protec- tion of children in accordance with the Law on Chil-
tion dren still limits Vietnamese citizens being below the
Viet Nam has made significant efforts in age of 16 years, while the United Nations Convention
strengthening measures to prevent violence against on the Rights of the Child stipulates that child means
children, including improving the legal framework for every human being below the age of 18 years. There-
child protection. In recent time, the following basic fore, there is no legal basis to ensure the rights of
legal documents are in effect: adolescents aged 17-18, and foreign children who are
• Civil Code (Law №. 91/2015/QH13) confirms residing in Viet Nam.
that all civil rights are recognized, respected, pro- The emergency telephone number for child protec-
tected and guaranteed under the Constitution and tion, “hotline 111” has launched in December, 2017.
law. (Article 39). Currently, it is necessary to use the mass communi-
• Viet Nam Penal Code (Law №. cation to popularize to all people, especially children
100/2015/QH13) deals with intentionally inflicting and to guide how to call and inform the incident when
injury on or causing harm to the health of other per- needed, and organize a coordinated response be-
sons. Regarding CSA in any form, including sexual tween law enforcement agencies, medical facilities
exploitation, the offender could face a penalty of and social workers in localities.
imprisonment from one year to life imprisonment, or Local authorities should implement the child care
death sentence, depending on the child age and and protection act, plan for Child protection program
severity of the case. as stated in the National Action Program for Children
• Law №. 02/2007/QH12 on Domestic Violence for the 2012-2020 period, approved by Decision №.
Prevention and Control, 2007. This Law regulates 1555/QD-TTg of the Prime Minister adopted on Octo-
the prevention and control of domestic violence, ber 17, 2012, including:
protecting and assisting the victims of domestic vio- - Program on prevention and control of child ac-
lence; the responsibilities of individuals, families, cidents and injuries in the 2016-2020 period (Decision
organizations, institutions in domestic violence pre- №. 234/QĐ-TTg dated on February 5, 2016);
vention. - Program on promoting children's participation in
• Law on Marriage and Family (2014) № child issues in the period 2016-2020 (Decision №.
52/2014/QH1319. The Law determines that hus- 1235/QĐ-TTg dated on August 3, 2015);
band and wife are equal, having equal rights and - Program on domestic violence prevention and
obligations in all family affairs and in the perfor- control in the period up to 2020. (Decision №.
mance of citizens’ rights. The conditions for getting 215/QĐ-TTg dated on February 6, 2014);
married are described that the man is full 20 years - Program on prevention and reduction of child
or older, the woman is full 18 years or older, and the labor in the 2016-2020 period (Decision №. 1023/QĐ-
marriage is voluntarily decided by the man and TTg dated on June 07, 2016.
woman (Article 8). That is, the Law prevents early Moreover, the state authorities, non-governmental,
marriage, “wife robbery” custom. non-profit organizations and other social organiza-
• Law №73/2006/QH11on Gender Equality, tions need to focus on activities as follow:
2006 provides for principles of gender equality in all - Stepping up in publicizing the information and
fields of social and family life, measures ensuring action of Child care and protection to raise awareness
gender equality, responsibilities of agencies, organ- of people about CSA and its consequences;
izations, families, individuals in exercising gender - Focusing on forms of counseling, direct consul-
equality. tation and advocacy for families and communities on
• Law № 102/2016/QH13 on Children, 2016 skills to protect children from abuse in rural, needy
provides for children’s rights and responsibilities, areas;
rules and methods of ensuring children’s rights, du- - Carrying out survey and reckoning children,
ties of agencies, organization, education facilities, particularly children in special situations and street
families and individuals to exercise children’s rights children to provide material, educational and voca-
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- Reinforcing the role of parents and families in 11. Stoltenborgh, M.; van IJzendoorn, M. H.; Eu-
shaping and improving the sexual health of children. ser, E. M. & Bakermans-Kranenburg, M. J. (2011). "A
Parents should take care of children, listen to the global perspective on child sexual abuse: meta-
children and be their friends; analysis of prevalence around the world". Child
- Schools should focus more on sexuality edu- Maltreatment. 16 (2): 79–101.
cation; teach skills of self-defense for students and doi:10.1177/1077559511403920
children at an early age, using method recommend- 12. Tran, Nhu K., Lenneke R. A. Alink, Sheila R.
ed in E&C Center lesson of Project “E&C-TTS” [27] Van Berkel & Marinus H. Van Ijzendoorn (2017) Child
and “Guiding skills to prevent sexual abuse for chil- Maltreatment in Vietnam: Prevalence and Cross-
dren”[29], Vu Thu Huong’s “Rules of four contact Cultural Comparison, Journal of Aggression, Mal-
circles”, etc; treatment & Trauma, 26:3, 211-230, DOI:
- Overseeing immoral teenagers and individu- 10.1080/10926771.2016.1250851
als, who are more likely to become child sexual of- 13. MOLISA (2016). Protecting children from be-
fenders. ing abused on the network environment. Retrieved
The Law on children 2016 provides for children’s from: http://www.molisa.gov.vn/en/Pages/Detail-
rights and responsibilities; rules and methods of news.aspx?IDNews=2357
ensuring children’s rights; duties of agencies, organ- 14. Do, Van Thanh (2018). Situation of crime of
ization, education facilities, families and individuals child sexual abuse in our country today - Causes and
to exercise children’s rights and responsibilities. some preventive measures. People's Police Journal,
Nevertheless, CSA is still widespread against our Vol. 32. Retrieved from: http://csnd.vn/Home/Nghien-
wishes which negatively affect the young genera- cuu-Trao-doi/3376/Tinh-hinh-toi-pham-xam-hai-tinh-
tion. For that reason, preventing CSB, investigating duc-tre-em-o-nuoc-ta-hien-nay-Nguyen-nhan-va-mot-
and trialing child sexual offenders are now actual so-bien-phap-phong-ngua
issue for Viet Nam. 15. Nguyen, Trieu Luat (2018). Child sexual
abuse - Situation and solutions. Online Journal The
References Court. Retrieved from: https://tapchitoaan.vn/bai-
1. WHO, 2018. Violence against children. Fact viet/phap-luat/xam-hai-tinh-duc-tre-em-thuc-trang-va-
sheet. February 2018 giai-phap
2. UNICEF (2017). Annual Results Report 2017 16. MOLISA (2018a). Department of Child Af-
Child protection. UNICEF, June, 2018, 125p. fairs: Conference to review the work in 2017 and the
3. Susan Hillis, James Mercy, Adaugo Amobi mission directions in 2018. Retrieved from:
and Howard (2016). Global Prevalence of Past-year http://www.molisa.gov.vn/vi/Pages/chitiettin.aspx?IDN
Violence Against Children: A Systematic Review ews=27541
and Minimum Estimates. J.Pediatrics 2016; 137, 17. MOLISA (2018b). MOLISA’s Respond to Na-
Vol.137( 3), DOI: 10.1542/peds.2015-4079 tional Assembly member Nguyen Tao from Lam Dong
4. GSO [General Statistics Office] (2018). Statis- province on child sexual abuse Retrieved from:
tical year book of Viet Nam. Statistical Publishing http://www.molisa.gov.vn/vi/Pages/ChiTiet.aspx?IDNe
house. Hanoi, 2018,- 998 p. ws=28151
5. IndexMundi (2018). Vietnam Age structure. 18. MOET [Ministry of Education and Training]
https://www.indexmundi.com/vietnam/age_structure (2018a). “Report on Out-of-school Children 2016: Viet
.html Nam country study”. – Hanoi, 2018. Available at:
6. General Statistics Office and UNICEF, 2015. https://www.unicef.org/vietnam/sites/unicef.org.vietna
125
24. My Ha (2018). Ministry of Education and 27. E&C Center. Sexual abuse via internet.
Training requires a strict penalty. Retrieved from: Teacher Try Science Program. Retrieved from:
https://navva.org/vietnam/vietnam/ministry-of- http://www.teacherstryscience.org/sites/default/files/le
education-and-training-requires-a-strict-penalty/ sson-
25. Caleb P. Canders, Roland C. Merchant, plan/resources/lp_45_xam_hai_tinh_duc_qua_mang_
Katherine Pleet, and Janene H. Fuerch (2013). In- final.pdf
ternet-Initiated Sexual Assault Among U.S. Adoles- 28. Marrie-vincent Foundation. What are conse-
cents Reported in Newspapers, 1996–2007. J Child quences of sexual violence? Retrieved from:
Sex Abuse, 2013; 22(8): 987–999. doi: https://www.inspq.qc.ca/en/sexual-
10.1080/10538712.2013.839593 assault/understanding-sexual-assault/consequences
26. Briggs P, Simon W, Simonsen S. (2011). An 29. MOET (2018) Guidebook for prevention of
exploratory study of Internet-initiated sexual offens- child sexual abuse (for Primary and Secondary stu-
es and the chat room sex offender: Has the Internet dents).
enabled a new typology of sex offender? Sexual
Abuse. 2011;23(1):72–91.
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