Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Viet Nam (Ratification: 2008)

Article 5 of the Convention. Effective tripartite consultations. In reply to the Committee’s previous comments, the Government indicates that Viet Nam has adopted a Law on international treaties, which came into effect on 1 July 2016. The 2016 Law requires that comments be sought from the relevant organizations during the process of negotiation, signing, ratification, approval, accession or implementation of international treaties. It also establishes that relevant organizations should provide their comments on the reports regarding the implementation by Viet Nam of its duties under ratified treaties. The Government further indicates that workers’ and employers’ organizations are regularly consulted with regard to the approval of non-ratified ILO Conventions and the reports on the implementation of ratified ILO Conventions. For instance, the Government indicates that the Ministry of Labour, Invalids and Social Affairs (MOLISA) requested comments from the Viet Nam General Confederation of Labour (VGCL), the Vietnam Chamber of Commerce and Industry (VCCI) and the Vietnam Cooperative Alliance (VCA) in relation to the report on the implementation of Convention No. 144. The Government adds that workers’ organizations agreed to support the approval of several ILO Conventions, including the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87); the Employment Service Convention, 1948 (No. 88); the Right to Organise and Collective Bargaining Convention, 1949 (No. 98); the Abolition of Forced Labour Convention, 1957 (No. 105); and the Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159). The Government also refers to the implementation of various measures aimed at strengthening tripartite dialogue at the national and provincial levels, including the participation of social partners in the formulation and implementation of labour legislation and policies. It further indicates that the tripartite National Committee on Labour Safety and Hygiene was established, which provides advice to the Government in the formulation, revision or amendment of legislation and policies on occupational safety and hygiene. The Committee requests the Government to provide precise information on the content and outcome of tripartite consultations held on all matters concerning international labour standards covered by the Convention and other matters concerning the activities of the ILO, particularly relating to the questionnaires on the Conference agenda items (Article 5(1)(a)); the submission of instruments adopted by the Conference to Parliament (Article 5(1)(b)); the re-examination at appropriate intervals of unratified Conventions and Recommendations to which effect has not yet been given (Article 5(1)(c)); and reports to be presented on the application of ratified Conventions (Article 5(1)(d)). It also requests the Government to provide information on progress made towards the ratification of the Conventions mentioned in its report.