Summary: Non-signatory Vietnam acknowledges the human suffering caused by cluster munitions, but it has not taken any steps to accede to the convention. Vietnam has participated in the convention’s meetings. It abstained from voting on a key United Nations (UN) resolution promoting the convention in December 2018.

Vietnam states that it has never used, produced, transferred, or stockpiled cluster munitions. The United States (US) used air-delivered cluster munitions extensively in Vietnam in the 1960s and 1970s.

Policy

The Socialist Republic of Vietnam has not acceded to the Convention on Cluster Munitions.

Officials often state that Vietnam is studying the convention, but no steps have been taken to join it over the past decade. [1] Vietnam says it supports the convention’s humanitarian objectives, but cannot consider joining until it is confident it can meet the convention’s obligations. [2] Vietnam is concerned that it would not be able to meet the convention’s obligation to clear contaminated areas within 10 years. [3]

Vietnam has long raised the need for the convention to have a “mechanism” for ensuring international support and cooperation and remains concerned by the way the convention lists “proportional responsibility for victim assistance and remnant clearance first in affected countries, most of which are developing countries.” Vietnam would like cluster munition “users, producers and exporters” to join the convention and take responsibility “for assisting affected countries.” [4]

Vietnam participated in two international Oslo Process conferences to develop the convention text, but attended the formal negotiations in Dublin in May 2008 and the Oslo Signing Conference in December 2008 only as an observer. [5]

Vietnam participated in a regional conference on cluster munitions in Bali, Indonesia in 2009 and an international conference in Santiago, Chile in 2010.

Vietnam has participated as an observer in the convention’s meetings, but it did not attend the Eighth Meeting of States Parties in Geneva in September 2018. [6] Vietnam has attended regional workshops on the convention, most recently in Manila, Philippines on 18–19 June 2019. [7] It also attended an Asia-Pacific workshop on the convention in Vientiane, Lao PDR in April 2019. [8]

In December 2018, Vietnam abstained from the vote on a key UN General Assembly (UNGA) resolution, which urges states outside the Convention on Cluster Munitions to “join as soon as possible.” [9] Vietnam has abstained from the vote on this annual UNGA resolution promoting the convention since it was first introduced in 2015.

Vietnam is not party to the Mine Ban Treaty. Vietnam signed the Convention on Conventional Weapons (CCW) in 1981, but never ratified.

Use, production, transfer, and stockpiling

Vietnam told States Parties in 2012 that, “We do not produce, store, use or encourage to [sic] use cluster munitions.” [10]

In the past, some officials have said that Vietnam does not stockpile cluster munitions, but others were less certain. [11] A 2010 position paper states that “foreign reports” show that Vietnam has never used, produced, transferred, or stockpiled cluster munitions. [12]

However, Jane’s Information Group cites the Vietnam Air Force as possessing KMGU submunition dispensers. [13]

The US used air-delivered cluster munitions extensively in Vietnam in the 1960s and 1970s, creating a legacy of contamination.

Policy

The Socialist Republic of Vietnam has not acceded to the Mine Ban Treaty.

Vietnam still considers antipersonnel mines as a legitimate weapon of self-defense and has cited national security concerns, especially border security, as reasons for not joining the Mine Ban Treaty.[1]

In September 2012, a military officer noted that Vietnam had been studying the treaty, but said that stockpiles of mines held by countries outside the treaty were of concern to Vietnam since they could be used at any time.[2] In June 2011, a representative from Vietnam said it was unlikely that the country would join the Mine Ban Treaty because they were still using mines on their borders “as a form of defense.” The representative added that Vietnam was not necessarily laying new mines, but it was actively maintaining them.[3] However, in an apparent review of policy, in 2013 a Ministry of Defence official stated to the Monitor that there was no longer any political reason to maintain minefields on its border with China, and that border minefields were being removed along with demarcation to ease economic activities with neighboring countries.[4]

Vietnam sent an observer delegation to the Twelfth Meeting of States Parties to the Mine Ban Treaty in Geneva in December 2012, but did not make any statements. It has not attended any meetings since. Vietnam made its only statement to States Parties during intersessional meetings in June 2008, where it stated, “We support the humanitarian aspects of the Ottawa Convention of Anti-personnel Landmines but we could not sign it yet as it regrettably does not duly take into account the legitimate security concerns of many countries including Vietnam.”[5] Vietnam did attend the Bangkok Symposium on Enhancing Cooperation & Assistance in June 2013 in Bangkok.

On 5 December 2018, Vietnam abstained from voting on UN General Assembly (UNGA) Resolution 73/61 calling for universalization and full implementation of the Mine Ban Treaty, as in previous years.[6]

Vietnam signed, but has not ratified, the Convention on Conventional Weapons (CCW). Vietnam is not party to the Convention on Cluster Munitions.

Production, stockpiling, transfer, and use

Vietnam has not made any new official statements regarding its continued need, or capacity, for the production of antipersonnel mines and has not made any new statements regarding the types and quantities it holds in stockpile.

Vietnam produced antipersonnel mines in the past.[7] In 2008, officials said that Vietnam has not produced mines since the Mine Ban Treaty came into force, but also emphasized that it reserves the right to produce mines in the future.[8] Until Vietnam issues an official public statement that it does not currently and will not in the future produce antipersonnel mines, the Monitor will continue to list Vietnam as one of the few remaining global manufacturers.

In 2003, an official confirmed the existence of a stockpile of antipersonnel mines, saying, “Vietnam does not keep large stores of landmines, but we have enough to protect our country against invasion.”[9] In September 2012, a military officer stated that in the past two years (2011–2012), Vietnam destroyed 287 tons of stockpiled antipersonnel mines as well as destroying a limited number of antivehicle mines. While unable to provide a stockpile figure, the officer stated that “significant amount of mines stocked in Vietnam have been destroyed” and that each year Vietnam destroys around 100 tons of mines. The officer also stated Vietnam needs new technology for the destruction of munitions and support from the international community.[10]

Vietnam told States Parties in June 2008, “we strictly observe our policy not to export” antipersonnel mines.[11] The Ministry of Foreign Affairs previously wrote to the Monitor, stating, “Vietnam has never exported and will never export mines.”[12]

Vietnam is not thought to have used antipersonnel mines since its occupation of Cambodia in the 1980s, but it has said it reserves the right to use antipersonnel mines in the future.[13]

Note: ERW = explosive remnants of war.

Mine Contamination

The Socialist Republic of Vietnam’s mine problem is small compared with its ERW contamination, though its full extent is unknown. A survey conducted between 2010 and 2014 reported antipersonnel mine contamination in 26 of 63 cities and provinces but gave no further details.[1] Most mines were left by conflicts in the 1970s with neighboring Cambodia and China, and affect areas close to its borders with those countries.[2] Some mines have also been found around former United States (US) military installations.[3]

Vietnam cleared an area up to 1km deep along its northern border in the 1990s under an agreement with China, but areas further inland from the border are believed to be still contaminated with mines emplaced by the military of both countries. Since 2004, military engineers have reportedly cleared around 95km² of contaminated land in the northern provinces of Cao Bang, Ha Giang, Lai Chau, Lang Son, and Quang Ninh bordering China under a project known as “Program 120,” destroying mainly Type 72, K58, and PPM-2 antipersonnel mines.[4] Vietnam has made no disclosure on the extent of remaining contamination in recent years.

Cambodian border areas were affected by irregularly emplaced mines reflecting the more sporadic nature of the fighting there,[5] but Engineering Command reported in 2013 that the problem had been eliminated.[6] Many ports and river deltas were mined extensively during the armed conflict with the US and were not completely cleared when it ended. A number of sea mines have been found on the coast.[7]

Cluster Munition Contamination

Vietnam is massively contaminated by cluster munition remnants but no accurate estimate of the extent exists, even to the nearest hundred square kilometers. The US dropped 413,130 tons of submunitions over Vietnam between 1965 and 1973, reportedly striking 55 provinces and cities, including Haiphong, Hanoi, Ho Chi Minh City, Hue, and Vinh.[8] An ERW impact survey, started in 2004 and completed in 2014, was only published in 2018. It found that 61,308km² or 19% of Vietnam’s land surface area was affected by ERW but did not specify the area affected by cluster munition remnants. It said, though, that cluster munition remnants affected 32 of Vietnam’s 63 provinces and cities.[9]

In Quang Tri, reputedly Vietnam’s most contaminated province, estimates of the cluster munition-contaminated area are increasing sharply with the progress of survey. On the basis of partial survey results in one district, by the start of 2018, operators estimated total ERW contamination at more than 130km², and with survey still to be conducted in three districts they expected the total would rise to between 150km² and 200km².[10] The higher estimate would represent less than 5% of Quang Tri’s total area of 4,470km².

Vietnam’s Military Engineering Command has recorded finding 15 types of US-made submunitions. Most submunition types used by the US were air-dropped, but artillery-delivered submunitions were also used in central Quang Binh and provinces to the south of it.[11]

Most of the cluster munition remnants international operators encounter in Quang Tri province are BLU 26, 29, and 61, and occasionally M20 Rockeyes.[12] In Quang Nam, almost all the cluster munition remnants cleared by Danish Demining Group (DDG) were M83 submunitions.[13] The Military Engineering Command has in the past encountered substantial amounts of cluster munitions abandoned by the US military, notably at or around old US air bases, including eight underground bunkers found in 2009, one of them reportedly covering an area of 4,000m² and containing some 25 tons of munitions.[14]

Other explosive remnants of war and landmines

Vietnam has huge unexploded ordnance (UXO) contamination.The ERW impact survey identified 61,308km² ERW contamination, including cluster munition remnants. The most heavily contaminated regions as central coastal provinces, the Central Highlands, the Mekong River delta, and the Red River delta.[15] The experience of international operators in central Vietnam points to wide variations in the types of contamination from district to district. International operators report encountering mainly projectiles, mortars, grenades, and some aircraft bombs.[16]

Program Management

Vietnam’s mine action program has moved from military management to civilian oversight but operations continue to depend largely on the armed forces. In 2013, Vietnam announced a Prime Minister’s Decision to establish a national mine action center (VNMAC) to strengthen the direction of mine action and provide a focal point for mine action operations.[17] However, although VNMAC reports to the prime minister’s office, the decision assigned responsibility for managing and coordinating the national mine action program to the Ministry of Defense. VNMAC was given the responsibility to propose policy, draw up plans, serve as the focal point for international cooperation, lead fundraising, and “preside over” mine action information management. It is also responsible for organizing and implementing quality assurance.[18] The center became officially operational in February 2015.[19] Prior to this, a Prime Minister’s Decision in 2006 assigned the Ministry of National Defense to oversee mine action at the national level with clearance undertaken by the Army Engineering Corps of the People’s Army of Vietnam (PAVN).[20] The BOMICEN, part of the Ministry of National Defense, had acted as a central coordinating body for clearance and survey by national operators.[21]

A further decree on management of mine action under preparation since 2016 is intended to clarify VNMAC’s mandate as well as to define the role of all state agencies involved in mine action to eliminate overlap.[22] A draft of the decree circulating in 2018 stated the Ministry of National Defense will elaborate and preside over the national mine action program in coordination with other relevant ministries and sectors. It also identified the Ministry of National Defense as the focal point for international cooperation in mine action. The decree instructed “VNMAC, under the direction of the Prime Minister and managed by Ministry of Defense, to monitor, coordinate and implement mine action tasks.”[23] By April 2018, the draft had received endorsement of 20 ministries and was awaiting the prime minister’s approval.[24]

Vietnam set up Steering Committee 504 in 2010 under the prime minister, with the minister of national defense and the minister of labor, war invalids and social affairs as deputies, charged with overseeing the national mine action program for 2010–2025. In March 2018, the government merged Steering Committee 504 and Steering Committee 33 (in charge of responses to the impact of toxic chemical defoliants dropped by the US) into Steering Committee 701 on the Settlement of Post-war Unexploded Ordnance and Toxic Chemical Consequences.

A Mine Action Partnership Group (MAPG), whose formation was approved by the Prime Minister in 2016 to strengthen coordination between national and international stakeholders, had its first Executive Committee meeting in June 2017. The committee agreed to set up four thematic working groups to take up priority issues in the second half of the year. These included, i) contributing comments on the long-awaited decree on mine action management, updating national standards; ii) evaluating the status of victim assistance and risk education; iii) reviewing the status of information management and plans for a national database; and iv) reviewing resource mobilization. Delays in setting up a steering committee, however, stalled further activity.

Provincial authorities work with a high level of autonomy in managing local mine action activities.

Quang Tri province[25]

Provincial authorities approved the creation of the Legacy of War Coordination Center (LWCC) in February 2015 to coordinate mine action in the province. The center, funded by the United Kingdom (UK) Department for International Development (DFID) until March 2018 and supported by Norwegian People’s Aid (NPA), has developed a system of task dossiers, draws up an annual workplan, and coordinates survey, clearance, and explosive ordinance disposal (EOD) by international operators. A hotline for the community to report the presence of ERW receives an average of four calls a day.

In 2015, international operators had projected completing clearance of Quang Tri province by 2020, but the sharp rise in estimates of the extent of its ERW contamination as a result of survey has made clear those targets are unattainable. In response, the LWCC is prioritizing tasks in consultation with operators. It is also seeking to integrate mine action into provincial socio-economic planning. A steering committee, which brings together representatives of the LWCC and the provincial authority, meets quarterly. The LWCC has been consulted by VNMAC and held workshops for authorities of other provinces raising awareness on program and information management.

Strategic planning

Decision 504, approved by the prime minister in April 2010, set out a National Mine Action Plan for 2010 to 2025. The plan aimed to “mobilize domestic and international resources in making efforts to minimize and finally create impact-free environment for social economic development.” It called for clearance of 8,000km² of ERW contamination between 2016 and 2025.[26]

A VNMAC action plan for 2018 included three main targets:[27]

• Finalize legislation, decrees, and guidelines for the mine action sector in order to provide a unified framework for the sector country-wide;
• Clarify estimates of contamination through the release of the landmine impact survey and develop risk education; and
• Clearance of some 300km² of ERW affected land.

Vietnam does not have a strategy specifically targeting landmines.

Information management

On a national level, data remains a considerable challenge. VNMAC is in the process of setting up an information management unit that is intended to combine the data on operations and victim assistance held by other national agencies. The project is supported by NPA, which has provided software, hardware, and training. In 2017, support included training in advanced database development and management, data consolidation and developing information management standard operating procedures. VNMAC also started drafting national legislation that would provide for the sharing of information, and was revising the national standards for information management.[28]

Priority tasks in 2017 included populating the database with results of survey and other operations and getting the draft legislation approved.[29] VNMAC’s release in 2018 of the results of an impact survey was welcomed by mine action stakeholders as an important step towards information sharing.

The LWCC maintains an Information Management System for Mine Action (IMSMA) database for Quang Tri. The database stores results of survey and clearance by international organizations, providing a basis for planning and tasking, as well as victim data. It has also received some data on clearance activity undertaken by the Provincial Military Command for the years 2000 to 2013.[30]

With the exception of Quang Tri, Vietnamese provinces with active mine action programs do not have databases, so operators maintain their own.[31]

Operators

Most clearance in Vietnam is conducted by the Army Engineering Corps and military-owned commercial companies. Its current strength and deployment are unknown. Officials have previously reported that it had 250 mine clearance and battle area clearance (BAC) teams. Vietnam reportedly has more than 70 military-owned companies undertaking clearance related to infrastructure and commercial and development projects.[32]

International operators conclude agreements to work in Vietnam with the People’s Aid Coordinating Committee, but negotiate their program of operations separately with the authorities of each province. Humanitarian operators were concentrated in central provinces on either side of the demilitarized zone (DMZ), which are among the most heavily contaminated.

International operators active in 2017 included Danish Demining Group (DDG) (in Quang Nam and Thua Tien Hue provinces); Mines Advisory Group (MAG) (in Quang Binh and Quang Tri provinces); NPA (in Quang Tri and Thua Thien Hue provinces); and PeaceTrees Vietnam (who have been working in Quang Tri province since 1995).

Under an agreement with the Korea International Cooperation Agency (KOICA), VNMAC, KOICA, and the UNDP are collaborating on a US$20 million project for ERW survey and clearance, information management, risk education, and victim assistance in two central provinces (Binh Dinh and Quang Binh) for three years in 2018–2020. A Joint Project Management Unit (JPMU), with representatives of each of these three organizations, will be responsible for the daily and coordinated project management, supported by a UNDP chief technical adviser who joined in March 2018. A Joint Project Coordination Committee (JPCC), comprising representatives from the Ministry of Defense, VNMAC, the UNDP and KOICA, will provide overall strategic guidance and oversight.[33]

The project, which was expected to become operational in the summer of 2018, calls for ERW survey and clearance in the two provinces to be carried out by 73 provincial military teams (21 survey and 52 clearance teams), targeting survey of 200km² and clearance of about 80km². The project also provides for the development of information management resources and for capacity development in VNMAC and the Ministry of Labor and Social Affairs in support of risk education and victim assistance.[34]

Golden West, with offices in Hanoi and three provinces, is providing EOD training to Provincial Military Commands in Ha Tinh, Quang Binh, and Quang Tri provinces, as well as advising VNMAC on technologies and training and supporting US military-to-military EOD training. Golden West is also partnering the Geneva International Centre for Humanitarian Demining (GICHD) in a Management of Residual Explosive Remnants of War project to study the ageing of ERW, develop standards for the collection, cutting, and dissection of ERW, and to draw up and pilot a long-term risk management model.[35]

Land Release (landmines)

VNMAC did not respond to requests for details of mine clearance in 2017. Based on partial reporting, a total of 34 mines were destroyed in 2017.

Among international operators, MAG reported it destroyed three antipersonnel mines out of a total of 8,123 ERW items it cleared in 2017.[36] Operators in Quang Tri province cleared 31 antipersonnel mines in 2017.

In the five years from 2013 to 2017, the Legacy of War Coordination Center recorded clearance of 497 landmines, 4% of the total number of items cleared, but the number of landmines cleared annually has fallen steadily.[37]

Land Release (cluster munition remnants)

The total extent of land released through survey and clearance in 2017 is unknown. VNMAC provided no information on operations conducted by BOMICEN, the Army Engineering Corps, provincial military commands, and military-owned commercial companies, which together have by far the most capacity in the country.

The ERW impact survey report released in 2018 noted that “regulations on reporting demining activities have not been strictly followed” and authorities had received clearance data for only two provinces, Ha Tinh and Quang Tri, where international donors have supported operations. The report said that between completion of the survey in 2014 and the end of 2017 the estimate of contamination in Ha Tinh fell by 111km² and 321km², respectively.[38]

Four international NGOs cleared a total of almost 16.75km² of cluster munition-contaminated area in 2017,[39] approximately 0.5km² less than the previous year.[40]

Survey in 2017 (cluster munition remnants)

In Quang Tri, ranked as Vietnam’s most heavily contaminated province, NPA continued to work in a partnership with MAG, under which NPA conducted its cluster munitions remnants survey (CMRS) and MAG cleared the resulting CHAs.

NPA, confirmed almost 54km² of hazardous area in Quang Tri province in 2017, 15% more than the previous year. It attributed the increase to improvements in the CMRS methodology developed with MAG and to greater efficiency in information management.[41] NPA aims to complete survey of Quang Tri in 2019 and will then deploy survey teams for clearance.

The area confirmed by MAG in Quang Binh province in 2017 dropped to a little over 0.3km² from 5.47km²the previous year as a result of reduced capacity.[42]

Cluster munition non-technical and technical survey in 2017[43]

Clearance in 2017 (cluster munition remnants)

Most clearance is undertaken by army engineers but neither VNMAC nor the Ministry of National Defense provided information on the scope or results of clearance operations. In Quang Tri province, incomplete data provided by the Provincial Military Command to the LWCC database showed clearance of 1.5km²,[44] but it is not known whether this refers to general UXO clearance or specifically clearance of cluster munition remnants so it is not included in the national total.

International operators cleared 16.75km² in 2017, a little more than half a square kilometer less land overall than the previous year, mainly reflecting lower funding for clearance in Quang Binh.

Cluster munition clearance in 2017[45]

DDG more than doubled the area it cleared in Quang Nam province compared with the previous year, despite reducing clearance capacity to one BAC team at the start of 2017. In September 2017, it started operating in Thua Thien Hue province’s A Luoi district, working with three non-technical survey teams. In April 2018, it increased capacity in the province, adding two EOD teams and two BAC teams.[46]

MAG received less funding for operations in Quang Binh province in 2017, which resulted in reduced clearance capacity and clearance of only one-third of the area cleared the previous year. By contrast, in Quang Tri province, where it conducted only evidence-based clearance of polygons identified by NPA survey, MAG cleared 7% more area in 2017, though it destroyed fewer items. Since 2015, MAG had conducted clearance in the province’s central Cam Lo district but in 2018 it started taking on tasks in neighboring Trieu Phong and Hai Lang districts.[47] In 2018, MAG added four mine action teams specifically tasked with clearing CHAs defined by NPA’s latest version of CMRS.[48]

PeaceTrees, working with four clearance teams in 2017, cleared 0.1km² of cluster munition-affected areas tackling NPA polygons in Da Krong district, as well as 0.44km² of requested community-related development clearance, mostly in Hoang Hoa district.[49] LWCC data showed PeaceTrees more than doubled the amount of land it cleared in 2017 compared with the previous year.[50]

NPA worked with two clearance teams in two of seven districts in Thua Thien Hue province. It cleared 18% more area in 2017. Most of NPA’s EOD operations were conducted in Quang Tri and continued at much the same level in 2018 as the previous year.[51]

Spot/roving clearance and EOD in 2017[52]

The Monitor acknowledges the contributions of the Mine Action Review (www.mineactionreview.org), which has conducted the primary mine action research in 2018 and shared all its country-level landmine reports (from “Clearing the Mines 2018”) and country-level cluster munition reports (from “Clearing Cluster Munition Remnants 2018”) with the Monitor. The Monitor is responsible for the findings presented online and in its print publications.

In 2017, five donors contributed US$13.8 million for clearance, victim assistance, and risk education in the Socialist Republic of Vietnam; this was $1.7 million more than in 2016 (a 14% increase).[1] As in 2016 and 2015, the US provided the largest contribution, with a total of $12.5 million, which represents more than 90% of total international assistance provided in 2017.

International contributions: 2017[2]

In 2017, as in previous years, Vietnam did not report national contributions to mine action, but it was reported in the media that Vietnam was spending $30 million per year on mine clearance work.[3] The lack of transparency and legislative oversight makes tracking government expenditures for mine action difficult. In April 2010, Vietnam released its 2010–2025 National Mine Action Plan. Although the plan did not include projected costs, a media article at the time of the plan’s release reported Vietnam “annually invests hundreds of billions of dong on disposing UXO [sic] and supporting victims.”[4]

International contributions to mine action in Vietnam have totaled some $49.4 million since 2013, representing an average of about $10 million per year.

Summary of contributions: 2013–2017[5]

Casualties in 2017—details

Of the 14 casualties recorded in the Socialist Republic of Vietnam in 2017, three occurred in Quang Tri province, four in Kon Tom province, and seven in Khanh Hoa province.

All casualties but one in 2017 occurred as a result of dismantling ERW, mainly for use for scrap metal. The remaining incident wasa caused by an unexploded submunition during farming.

The only systematic collection of casualty data occurs in Quang Tri province, where there is a provincial database unit.[2] The casualties in KonTom and Khanh Hoa were identified through media sources.[3] 

The 14 casualties recorded in 2017 is an increase on the nine casualties recorded for 2016 and the seven recorded for 2015. These last three years represented a significant decrease from the 24 casualties reported for 2014,[4] 50 in 2013, and 73 reported in 2012. However, with no nationwide data collection mechanism, it was not possible to confirm if this was in fact a trend of casualties decreasing annually.

At least 105,073 mine/ERW casualties (38,978 killed; 66,093 injured; and two of unknown survival outcome) have been recorded in Vietnam. It was reported that from 1975 to the end of 2007, the Ministry of Labor, Invalids and Social Affairs (MoLISA) recorded 104,701 mine/ERW casualties (38,849 killed; 65,852 injured).[5] In Quang Tri, the only province where there was a mine action database of casualties, 8,526 casualties (3,425 killed; 5,101 injured) were recorded to May 2016. These casualties may be included in the cumulative total.[6] 

Cluster munition casualties

One unexploded submunition casualty was recorded in 2017, a significant decrease from the nine reported in 2016.

At least 2,135 casualties from incidents involving cluster munition remnants were reported as of the end of 2017. However, one estimate put the likely total of such casualties as high as 34,000.[7] In many cases, the type of explosive remnants causing casualties could not be determined and all these were recorded as ERW casualties, although there were likely many among them caused by unexploded submunitions.[8] In addition, numerous casualties during cluster munition strikes have been reported.[9] A 2012 study of data for the period 1975–2009 found that 1% of the population of Quang Tri province had been involved in mine/ERW incidents and that unexploded submunitions were the main cause.[10] 

Summary action points based on findings

• Adequate data collection mechanisms for the identification of victims and assessment of their needs are needed. Lack of a comprehensive and nationwide data collection system impairs accessibility and delivery of services.
• Increased support to the rehabilitation sector is needed; it was estimated that less than 10% of mine/explosive remnants of war (ERW) survivors were able to access rehabilitation programs.
• More opportunities are needed for survivors and other persons with disabilities to participate in the development, implementation, and monitoring of coordination and planning.
• Greater efforts are needed to provide psychological support to victims.

Victim assistance commitments

The Socialist Republic of Vietnam is responsible for landmine survivors, cluster munition victims, and survivors of other ERW.

Casualties

Casualties Overview

Details and trends

On the basis of incomplete data,[1] at least 24 new mine/ERW casualties were identified in Vietnam in 2014, including four from cluster submunitions. All casualties were civilians and three were female. All but one of the casualties were adults.[2] While the 2014 total represented a significant decrease from the 50 casualties in 2013 and the 73 casualties reported in 2012, with no nationwide data collection mechanism, it is impossible to say whether casualties actually decreased.

At least 105,035 mine/ERW casualties (38,958 killed; 66,077 injured) have been reported in Vietnam. It was reported that from 1975 to the end of 2007, the Ministry of Labor, Invalids and Social Affairs (MoLISA) recorded 104,701 mine/ERW casualties (38,849 killed; 65,852 injured).[3] A 2014 report by MoLISA indicated that there were 5,094 survivors of mines/ERW in Quang Tri province.[4] The total number of casualties is not known due to a lack of adequate data and the absence of a nationwide casualty data collection mechanism.[5] The semi-governmental organization Project RENEW recorded 8,516 mine/ERW casualties (including 3,422 people killed) between 1975 and 2015 in Quang Tri province alone.[6]

Cluster munition casualties

At least 2,123 casualties from incidents involving cluster munition remnants were reported as of the end of 2014. However, one estimate put the likely total of such casualties as high as 34,000.[7] In many cases, the type of explosive remnants causing casualties could not be determined and all these were recorded as ERW casualties, although there were likely many among them caused by unexploded submunitions.[8] In addition, numerous casualties during cluster munition strikes have been reported.[9] A 2012 study of data for the period 1975–2009 found that 1% of the population of Quang Tri province had been involved in mine/ERW incidents and that unexploded submunitions were the main cause.[10]

Victim Assistance

The total number of mine/ERW survivors is unknown but has been estimated to be between 66,000 and 100,000.[11]

Summary of victim assistance efforts since 1999[12]

Vietnam does not have a national casualty data collection system. However, a major study of survivor needs was undertaken in 2006 and updated in 2010. Clear Path International (CPI) in Vietnam transitioned to national management. CPI continued the geographic expansion of passive casualty surveillance, while providing services to new survivors. Coordination among governmental bodies responsible for the provision of victim assistance and the protection of the rights of persons with disabilities improved considerably since 2010.[13] The number of survivors that received services by both government agencies and civil society organizations or NGOs gradually increased. The NGO and local government collaboration, Project RENEW, steadily increased its services to survivors and to the capacity-building of local medical institutions. Landmine Survivors Network Vietnam (LSNV) became the first organization to include survivors in the design and provision of services and the only international NGO to successfully transition from an international to a national NGO, becoming the Association for Empowerment for Persons with Disability (AEPD) in 2010.

By 2010, survivors had more opportunities to access free healthcare programs and inclusive education programs provided by the government and relevant organizations. Physical rehabilitation also improved in both quality and in the number of services available from existing service providers. Since 1995, the ICRC Special Fund for the Disabled (SFD) has assisted the Vietnamese rehabilitation sector to both increase the quality of its services and expand their geographical coverage to virtually the entire country, while serving the country’s most vulnerable populations.

The results of an ICRC-commissioned impact assessment of its work in Vietnam were published in March 2013 by the independent Norwegian research organization, SINTEF. Among the findings were that only 10% of those receiving services would seek prostheses if required to pay for them because of the cost compared to the quality of prosthetics available from other sources, as well as travel and time restrictions. The report also highlighted that around two-thirds of the beneficiaries link income improvement directly to access to prosthetic services.[14] The assessment further found that there was relative gender parity regarding accessibility of services.[15] The greatest improvements seen by organizations representing mine/ERW survivors and persons with disabilities since the Monitor began reporting on Vietnam in 1999 have been in the development of laws designed to protect their rights and provide access to services. Gradual improvements were made in economic reintegration by creating more employment opportunities and increasing accessibility to available services. Improvements were also noted in social inclusion activities. Poor survivors in rural areas were especially vulnerable. Reaching survivors in remote and rural areas remained difficult for service providers and generally these populations did not receive adequate assistance.[16]

Victim assistance in 2014

In 2014, services for mine/ERW survivors continued to improve in quality, quantity, and accessibility in Vietnam. However, outside major population centers, accessibility to services and activities was lacking, particularly in remote areas. A decrease in funding forced one NGO to halt operations and has had an impact on remaining service providers. A national organization, the Vietnam Association for Supporting Unexploded Ordnance (UXO)/Mine Action (VNASMA), with a mandate to support victim assistance as well as other activities was founded.

Assessing victim assistance needs

An ongoing nationwide impact survey conducted by the National Steering Committee for Mine Action (NSCMA) included information regarding casualties. The Vietnam Bomb/Mine Action Center (VBMAC), which is the secretariat for the NSCMA, also hosts the national database on casualties, which became operational in September 2011.[17] Despite these efforts, a lack of nation-wide reliable data on victims, affected communities, and their needs remained a barrier for effective victim assistance in Vietnam in 2014.[18]

MoLISA is responsible for the collection and management of information regarding persons with disabilities overall, including mine/ERW survivors.[19] A disability information system, which includes information on demographics, employment, healthcare, and education, was adopted by the Ministry of Health after a pilot project.[20]

In 2014, there were ongoing NGO activities to assess the needs of the survivors through regular implementation of projects and services.[21] During the year, Project RENEW worked with local institutions, including Health Service, Farmer’s Union, Women’s Union, Catholic Relief Services, and the Vietnamese Red Cross Society, to identify mine/ERW victims and families in need of support and what their needs were.[22]

Victim assistance coordination in 2014[23]

Victim assistance is coordinated under the “National Mine Action Program for Vietnam Period 2010–2025,” as well as the “Victim Assistance Project for the Period 2012–2015” managed and implemented by MoLISA in cooperation with relevant local authorities. MoLISA’s Department of Social Protection is directly responsible for coordination.[24]

 The Victim Assistance Project for the Period 2012–2015 framework details key actions to be taken, responsible or cooperating agencies, and annual budgets. The project framework does not specify timeframes for the actions or the method of coordination. On 4 December 2013, MoLISA chaired the first national workshop on victim assistance in Hanoi, which gathered representatives of different ministries and governmental bodies, local authorities, foreign countries, national and international organizations, as well as three mine/ERW survivors. This event led to improved coordination and cooperation among different stakeholders in the project.[25]

The first official national coordination body of disabled persons’ organizations, the Vietnam Federation on Disability (VFD), was established in March 2011.[26] In late 2014, the VNASMA was established. The VNASMA was mandated to increase awareness of risks posed by UXO and to support victims of mines/ERW.[27] The VNASMA carried out some victim assistance activities in 2015 and laid the groundwork for expansion at the provincial level.[28]

The National Coordinating Council for Disabilities (NCCD) is responsible for the implementation of the Convention on the Rights of Persons with Disabilities (CRPD). It also liaised with national and foreign organizations to provide protection, support, physical access, education, and employment to persons with disabilities, however the VFD began to take on some of its work.[29]

Non-governmental service providers also sometimes discussed the implementation of victim assistance at meetings of the Landmine Working Group.[30]

Inclusion and participation in victim assistance

The inclusion of mine/ERW survivors and persons with disabilities or their representative organizations in the planning and provision of victim assistance increased in 2014. They were consulted in the planning or monitoring of programs and activities. They also attended meetings, seminars, or workshops to contribute recommendations and share lessons learned in regards to promoting the rights of persons with disabilities.[31]

Despite this increase, survivors and other persons with disabilities did not have many opportunities to participate in the development, implementation, and monitoring of plans. MoLISA officially consults ministries and departments, however, in some cases the opinions and comments of survivors and other persons with disabilities or their representative organizations were taken into account.[32] Persons with disabilities and their representative organizations were consulted in the development or review of national programs, such as the national poverty reduction program, vocational laws, and various educational policies.[33]

Many NGOs have consulted survivors and other persons with disabilities on issues related to their needs and adjusted their services in accordance with survivors’ recommendations.[34]

Service accessibility and effectiveness

Victim assistance activities[35]

Emergency and continuing medical care

In Vietnam’s central provinces, due to funding difficulties CPI stopped covering emergency medical care, surgery, rehabilitation, and prosthetics, as directed by the survivor’s physicians for survivors immediately following mine/ERW incidents and providing transportation and per diems during the patients’ treatment period. Although these services were extended to northern and southern provinces on a case-by-case basis in 2013; all services by CPI stopped in 2014.[36]

Based on a 2007 survey that found that 89.4% of trauma victims in Quang Tri province did not receive first-aid care, Project RENEW with Tromsø Mine Victim Resource Centre (TMC) and Quang Tri Department of Health undertook a project to improve trauma care. From 2007 until 2013, Project RENEW, TMC, and the Trauma Care Foundation from Cambodia ran annual trainings on “basic and advance life-support practices.” Although the project did not continue into 2014, more than 2,300 health workers in Quang Tri with 180 health workers from other provinces were certified and 1,200 village health volunteers were trained in first aid.[37]

Physical rehabilitation including prosthetics

The Ministry of Health has estimated that less than 10% of mine/ERW survivors were able to access rehabilitation programs in Vietnam.[38] In 2014, the ICRC SFD supported 1,180 persons with disabilities (60-70% of whom were mine/ERW survivors) to receive services including subsidized prostheses and mobility aids. About 20% of ICRC beneficiaries were new to the program in 2014. In 2014, the ICRC provided support to four rehabilitation centers. As part of the systematic quality monitoring system, the ICRC also conducted missions for technical support and quality assessment of services provided in the supported rehabilitation centers. Random assessments of patients receiving direct subsidies from the ICRC SFD were made and quality issues addressed with the partners concerned.[39] In March 2013, MoLISA issued a decision officially endorsing ICRC and partners’ recommendations regarding prosthetic and orthotic operational standards, which had been drawn up in December 2012.[40] In 2014, MoLISA and the Ministry of Health agreed to launch a national survey on mobility aids.[41]

MOLISA launched a project to improve rehabilitation services at commune health stations or clinics in 28 of the 58 provinces in Vietnam. In the pilot phase of this project, clinics in 10 provinces were upgraded to provide physical rehabilitation services, including for survivors. The project included trainings in psychological support and rehabilitation skills for health workers at the clinics.[42]

In 2014, Project RENEW provided support to persons with disabilities in four districts and also provided assistive devices.[43]

Economic and social inclusion and psychological support

Only 30% of persons with disabilities in Vietnam have stable employment or sufficient income to lead independent lives and support their families. A lack of decent work inhibits persons with disabilities from realizing their rights and often means they are living in poverty, at much higher rates than the general population.[44]

Those who require prostheses face even greater challenges if they are not able to acquire them.[45] In 2013, the VFD launched a project to be carried out in Hanoi and the three central provinces of Quang Tri, Quang Nam, and Binh Dinh over a three-year period to improve access to socioeconomic services for persons with disabilities.[46]

In 2014, CPI ended its micro-credit programs.[47] During the year, Project RENEW organized vocational training for mine/ERW survivors with visual impairments. Project RENEW maintained their micro-credit project, with 200 households participating in mushroom-growing for a sustainable income.[48] AEPD’s Supporting Livelihoods for Persons with Disabilities project ended in 2014; while a microcredit for livestock project to support persons with disabilities started during 2014.[49]

Psychological support was not widely available[50] and, although it was integrated in rehabilitation processes, did not receive separate government resources. Project RENEW organized a CBR training for 240 persons with disabilities and local health staff to improve peer support in communities.[51] Social inclusion services for survivors and other persons with disabilities were provided through both government and NGO programs.[52]

The ICRC SFD with the Spanish Red Cross and the Vietnamese Red Cross Society continued work on a social inclusion project in 2014.[53]

Laws and Policies

The first comprehensive national law providing for the rights of persons with disabilities came into effect in January 2011. The law prohibits discrimination against or maltreatment of persons with disabilities and requires equality in healthcare, rehabilitation, accommodation, education, vocational training, employment, and local transportation.[54]

In 2013 and 2014, James Madison University’s Center for International Stabilization and Recovery worked with Vietnamese organizations to promote the rights of persons with disabilities and the need to enforce the National Law on Persons with Disabilities. In 2014, 10 workshops were held regarding disability rights with participants including persons with and without disabilities as well as provincial government officials. AEPD also carried out a public awareness campaign on the rights of persons with disabilities.[55] AEPD integrated the needs of persons with disabilities into provincial disaster planning.[56]

Legislation requires that the construction or major renovation of new government buildings and large public buildings must include access for persons with disabilities. The Ministry of Construction units enforced accessibility regulations, primarily in major cities and pilot locations, as well as provided training on construction codes for inspectors and architectural companies in more than 22 provinces during the year.[57]

Vietnam ratified the CRPD on 5 February 2015. The (impending) ratification of the CRPD reportedly had already resulted in more coordination among stakeholders, review of the current legal situation of persons with disabilities, and discussions of best practices in implementation in 2014.[58]