Forced Labour Convention, 1930 (No. 29) - Viet Nam (Ratification: 2007)

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Articles 1(1) and 2(1) of the Convention. Freedom of civil servants to terminate their employment contract. The Committee previously noted that, under section 3 of the Decree on job discontinuation and retirement procedures applicable to civil servants (Decree No. 46/2010), civil servants are entitled to terminate their employment contracts at their own will, subject to the consent of the competent agencies, organizations or units. If the competent agencies do not accept the resignation, they shall state the grounds for refusal, which may include, inter alia, the workers’ non-fulfilment of “an obligation to pay money or assets under their personal liability towards their agencies, organizations or units” (section 4(1)). Section 36 of Decree No. 29/2012/ND-CP provides for situations where staff shall compensate for the training costs. The Committee therefore requested the Government to provide, where available, information on the application of section 4(1) of Decree No. 46/2010 and section 36 of Decree No 29/2012/ND-CP in practice, indicating the cases in which resignations were refused.

The Committee notes the Government’s information that Decree No. 29/2012/ND-CP has been replaced by Government Decree No. 101/2017/ND-CP of 1 September 2017 on training and retraining officials and civil servants. Section 7 provides that officials and civil servants at intermediate level or higher, who received training funded by the State budget or funds by the agencies where they work, shall compensate for training expenses if they unilaterally terminated the employment contract before having served the committed period. The Government also indicates that there is no statistical information on the application of section 4(1) of Decree No. 46/2010/ND-CP and section 36 of Decree No. 29/2012/ND-CP in practice. The Committee therefore requests the Government to provide information on the application of section 7 of Decree No. 101/2017/ND-CP in practice, in its future reports.

Article 2(2)(c). Work imposed as a consequence of a conviction in a court of law. Probation and non-custodial sentences. The Committee previously noted that section 65(2) of the Act on the Execution of Criminal Judgments states that, during a probation term, a person subject to a suspended sentence shall be assisted by the commune-level People’s Committee in finding a job. With regard to persons serving non-custodial reform sentences, section 76(3) of the Act provides that a sentenced person who is not a civil servant or other government employee shall be assisted by the commune-level People’s Committee in seeking employment. The Committee requested the Government to indicate whether persons serving non-custodial reform sentences, or persons subject to suspended sentences, are under an obligation to perform work.

The Committee notes the Government’s indication that the law does not provide for compulsory labour for people serving suspended sentences or non-custodial sentences, and that persons concerned are in principle entitled to work at any type of entity, if no employment restriction is imposed by the court.

Article 2(2)(d). Cases of emergency. In its previous comments, the Committee noted that section 107 of the Labour Code provides that the employer has the right to require employees to work overtime on any day, and employees shall not be entitled to decline such work, if the work is to implement a conscription order for the purpose of national security or national defence in emergency situations; to implement tasks to protect human life, or the assets of agencies, organizations or individuals; or in the prevention and recovery of natural calamities, fires, epidemics and disasters. It accordingly requested the Government to provide information on the application in practice of section 107 of the Labour Code.

The Committee notes the Government’s indication that, in the above-mentioned circumstances, in practice, employers do not force employees to work overtime, and that people offer their work voluntarily. The Committee therefore requests the Government to take the necessary measures to ensure that the relevant provisions are amended to ensure that the national legislation is aligned with the Convention and the practice mentioned. It also requests the Government to provide information on any progress made in this regard.

Article 2(2)(e). Minor communal services. The Committee previously noted that, according to section 7 of Government Decree No. 79/2003/ND-CP of July 2003 (the Regulation on the practice of democracy in communes), residents in the commune can decide the work within the village community, in accordance with the provisions of the law. The Committee therefore requested the Government to provide further information on the exaction of minor communal services in practice, including the duration of the work carried out and the number of persons concerned, as well as on the consultations of the members of the community concerning the need for such services.

The Committee notes the Government’s information that work at the communal and village level are widely discussed between the residents and local government, and that residents are voluntarily involved. The Government also indicates that the tasks performed are mainly cleaning village roads and alleys.

Article 25. Penal sanctions for forced labour. The Committee previously noted that section 297 of the Penal Code adopted in 2015 provides for penal liability for coercive labour. Under this section, any person who uses violence or threat of violence or other methods to force a person to work against his/her will is punishable by a fine of from 50 million to 200 million Vietnamese dong (approximately US$2,195–US$8,782) or imprisonment from six months to 12 years. The Committee requested the Government to provide information on the application of section 297 of the Penal Code in practice, including the number of investigations, prosecutions, convictions and specific penalties imposed.

The Committee notes the Government’s information that, since 2016, no cases have been recorded regarding the crime of coercive labour, as stipulated by section 297 of the Penal Code. The Government also indicates that the Prime Minister issued Decision No. 1359/QD-TTg of 13 September 2017 promulgating the Plan on the implementation of the Penal Code, including activities to reinforce the capacity of law enforcement officials to implement the new provisions of the Penal Code. The Committee requests the Government to continue to take the necessary measures to ensure the effective implementation of section 297 of the Penal Code, and to provide information on its application in practice, including the number of investigations, prosecutions, convictions and specific penalties imposed.

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Article 1(1), 2(2) and 25 of the Convention. Trafficking in persons. 1. Penal sanctions and law enforcement. In its previous comments, the Committee noted that section 119 of the Penal Code prohibits trafficking in persons, and that the adoption of the Act on the Prevention and Suppression of Human Trafficking strengthened the definition of trafficking in persons provided for in this section.

The Committee notes the statistical information provided by the Government in its report on the application of section 119 of the Penal Code as well as the Act on the Prevention and Suppression of Human Trafficking. The Government indicates that from 2016 to 2019, there were 1,059 cases of trafficking detected in the whole country, with 1,432 offenders and 2,674 victims of trafficking. The competent authorities investigated 825 cases and prosecuted 478 cases, with 885 people accused. Moreover, 444 cases were tried, with 909 defendants and 444 cases were resolved and adjudicated, with 818 defendants. However, the Committee notes the absence of information regarding the number of convictions and the penalties imposed. The Committee requests the Government to strengthen its efforts to ensure the strict application of national legislation, so that sufficiently effective and dissuasive penalties of imprisonment are imposed and enforced against perpetrators. It also requests the Government to provide information on measures taken in this regard, including the training and capacity-building of law enforcement authorities, as well as on the results achieved. The Committee further requests the Government to continue providing information on the application in practice of section 119 of the Penal Code as well as the Act on the Prevention and Suppression of Human Trafficking, including the number of prosecutions, convictions and the specific penalties imposed.

2. National policy. Protection of victims. The Committee previously noted the adoption of the Action Programme to prevent and combat human trafficking for the period of 2016–2020. It also noted that several circulars were adopted with regard to the prevention and suppression of human trafficking. The Committee requested the Government to continue its efforts to prevent and combat trafficking in persons, and to provide information on the measures taken and results achieved.

The Committee notes the Government’s information that a standing agency is established to coordinate the implementation of the Action Programme to prevent and combat human trafficking. The Government also indicates the measures undertaken to strengthen international cooperation in this regard, including the ratification of relevant international conventions and the conclusion of a number of bilateral agreements. The Committee further notes the Government’s reference to the Receiving, verifying, protecting and supporting trafficked victims project for the period of 2016–2020, aimed at enabling trafficked victims to access basic social support services and to integrate into the community; encouraging civil society and individuals to participate in providing assistance to victims; and establishing shelters/accommodation for victims. From 2016 to the first half of 2019, 1,254 victims were identified and provided with appropriate assistance, including safe accommodation, psychological counselling, healthcare, life skills-based education, legal assistance upon request, and transfer to their families or other victim support establishments. The Committee requests the Government to continue taking measures to ensure that victims of trafficking are provided with appropriate protection and services, and to provide information on the number of persons benefiting from these services. It also requests the Government to indicate if a new Action Programme to prevent and combat human trafficking is to be developed upon the expiry of the current one in 2020.

Articles 1(1) and 2(1). Work exacted in drug rehabilitation centres. In its previous comments, the Committee noted the Government’s indication that persons staying at drug rehabilitation centres are involved in productive work. According to section 104 of the Act on handling administrative violations, the district-level People’s Court shall examine and decide to send drug addicts above the age of 18 who have been subject to educative measures in communes, wards and towns, but who remain addicted, into compulsory rehabilitation centres for treatment, work, education, vocational training and community reintegration. The Government also indicated that section 27 of Decree No. 221/2013/ND-CP provides for the working conditions in rehabilitation establishments. The Committee requested the Government to provide information on the application of section 27 of Decree No. 136/2016/ND-CP in practice, including the number of persons who are sent to the drug rehabilitation centres and the types of work performed by these persons.

The Committee notes the Government’s information in its report that currently there are 37,384 persons in the drug rehabilitation establishments. The types of work being organized for treatment include mechanical repairing, sewing, carpentry, cultivation and farming, rattan, producing traditional products and preliminary processing of agricultural products. The Government emphasizes that the persons concerned are sent to the drug rehabilitation centres by court decisions, and that the rehabilitation labour is performed under the supervision of public authorities. However, the Committee notes that, in its concluding observations of 2019, the Human Rights Committee expresses its concern about the practice of forced labour and onerous working conditions in drug rehabilitation centres (CCPR/C/VNM/CO/3, paragraph 31). The Committee requests the Government to continue providing information on the application of section 27 of Decree No. 136/2016/ND-CP in practice, including the number of persons who are sent to the drug rehabilitation centres and the types of work performed by these persons.

Article 2(2)(a). Compulsory military service. In its previous comments, the Committee noted that, according to the Act on militia and self-defence forces of 2009, Vietnamese citizens aged between 18 and 45 years for men and between 18 and 40 years for women are obliged to join militia or self-defence forces (section 9). The tasks of the militia and self-defence forces include protecting forests and preventing forest fires, protecting the environment and the construction and socio-economic development of localities and establishments (section 8(4)). The Government indicated that this work includes dredging canals, building roads, supporting the economic development of households, planting trees and contributing to reducing and eliminating poverty. The Committee therefore requested the Government to take the necessary measures to ensure that persons working by virtue of compulsory military conscription laws, including in the militia and self-defence forces, only engage in work of a military nature.

The Committee notes with satisfaction that provisions regarding the engagement of the militia and self-defence forces in socio-economic development tasks were deleted upon the adoption of the Act on militia and self-defence forces in November 2019, with ILO technical assistance. The Government also indicates that currently there are 1,396,431 persons in the militia and self-defence service.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Articles 1(1) and 2(1) of the Convention. Work exacted in drug rehabilitation centres. The Committee previously noted the Government’s statement that persons staying at drug rehabilitation centres are involved in production. The Government stated that this work is not forced labour and that it helps drug addicts to realize the value of their labour and to recover their work skills. Moreover, no sanction would be applied to those who did not wish to work. However, the Government also stated that those who are healthy enough are allocated a certain amount of products to produce, and that persons with low labour discipline would be criticized or reprimanded. The Committee further noted the Government’s indication that section 28 of the Law on Drug Prevention regarding post-rehabilitation management (No. 94/2009/ND-CP) states that the sending of drug addicts into compulsory drug rehabilitation establishments shall be implemented by a decision of the President of the People’s Committees in districts, towns and cities.

The Committee notes the Government’s information that, according to section 104 of the Law on Handling Administrative Violations of 2013, the district-level People’s Court shall examine and decide to send drug addicts above the age of 18, on whom measures of education have been applied in communes, wards and towns, but are still addicted, into compulsory rehabilitation centres for treatment, work, education, vocational training and community reintegration. The Government also indicates that Decree No. 221/2013/ND-CP was adopted to implement the Law on Handling of Administrative Violations. Section 27 of the Decree provides that work in rehabilitation establishments is an occupational therapy to help addicts to recover and practise labour skills which have been impaired due to drug addiction, and that the addicts shall not work more than three hours per day. The Committee notes that Decree No. 221/2013/ND-CP was amended by Decree No. 136/2016/ND CP in 2016. As amended, section 27 provides that the addicts shall not work more than four hours per day and that drug addicts are not required to work during the detoxification session. Moreover, concerned persons may voluntarily participate in labour for an additional income, for which labour legislation applies. The Government further indicates that those who complete their drug detoxification treatment in the rehabilitation establishments will go back to the community where they reside. The Committee requests the Government to provide information on the application of section 27 of Decree No. 136/2016/ND-CP in practice, including the number of persons who are sent to the drug rehabilitation centres and the types of work performed by these persons.

Articles 1(1), 2(1) and 25. Trafficking in persons. In its previous comments, the Committee noted that section 119 of the Penal Code prohibits trafficking in persons, and that the adoption of the Law on the Prevention and Suppression of Human Trafficking strengthened the definition of trafficking in persons provided for in this section. The majority of persons sentenced received between three and 15 years’ imprisonment. Regarding the enforcement of the Law on the Prevention and Suppression of Human Trafficking, the Government indicated that the Ministry of Public Security and the Ministry of Defence were working closely to strengthen their operations in order to investigate and identify perpetrators of human trafficking.

The Committee notes the Government’s information that several circulars were adopted with regard to the prevention and suppression of human trafficking, including: Circular No. 78/2013/TT-MOD of 25 June 2013 providing for measures to be taken by the border guard and coastguard to prevent and combat human trafficking; Joint Circular No. 01/2013/TTLT/SPC-SPP-BCA-BQP-BTP of 23 July 2013 providing guidance on the criminal procedure for persons who commit acts of human trafficking; and Joint Circular No. 01/2014/BCA BNG MOD MOLISA of 10 February 2014 providing guidance on the procedures, formalities and cooperation relations in the verification, receipt and return of victims of trafficking. The Government also indicates that the Action Programme to Prevent and Combat Human Trafficking was implemented for the period 2011–15. Several projects were implemented within its framework, regarding law enforcement, international cooperation, information sharing and communication, as well as victim identification and protection. Moreover, the Action Programme for the period of 2016–20 was adopted. The Committee further notes the Government’s information that, from 2011 to 2015, the police force cooperated with the border guards to investigate 1,947 cases and arrested 3,055 persons. The People’s Courts have adjudicated 1,032 cases involving 2,084 defendants, of which three perpetrators were sentenced to life imprisonment, 152 perpetrators were sentenced to imprisonment of between 15 and 20 years, 667 perpetrators were sentenced to imprisonment of between seven and 15 years, and 1,050 perpetrators were sentenced to imprisonment of less than seven years. The Committee requests the Government to continue its efforts to prevent and combat trafficking in persons, and to provide information on the application in practice of section 119 of the Penal Code as well as the Law on the Prevention and Suppression of Human Trafficking, including the number of prosecutions, convictions and the specific penalties imposed. It also requests the Government to provide detailed information on the measures taken to ensure that victims of trafficking are provided with appropriate protection and services, as well as on the number of persons benefiting from these services. Lastly, the Committee requests the Government to provide information on the implementation of the Action Programme to Prevent and Combat Human Trafficking for 2016–20, including the measures undertaken and the results achieved.

Articles 1(1) and 2(1). Freedom of civil servants to terminate their employment contract. The Committee previously noted that, under section 3 of the Decree on job discontinuation and retirement procedures applicable to civil servants (Decree No. 46/2010), civil servants are entitled to terminate their employment contracts at their own will, subject to the consent of the competent agencies, organizations or units. Pursuant to section 4(1) of the Decree, in order to terminate employment, civil servants must submit written applications to the competent agencies, organizations or units, which have 30 days to accept it or not. In the latter case, the competent authority shall state the grounds for refusal, which may include, inter alia, the workers’ non-fulfilment of “an obligation to pay money or assets under their personal liability towards their agencies, organizations or units” or task requirements of the workers’ agencies, organizations or units. In this regard, the Committee noted the Government’s indication that national law does not restrict the rights of civil servants to resign, but purports to avoid arbitrary job discontinuation and difficulties for management agencies. Civil servants are not allowed to resign if they still owe money to the management agency and, in exceptional cases, civil servants are required to pay back fees for sponsored training courses and higher education before being entitled to resign. In order to ensure that a refusal to grant termination of employment is not of indefinite duration and that civil servants are allowed to resign within a reasonable period of time, the Committee requested information on the application of the Decree in practice.

The Committee notes the Government’s information that section 36 of Decree No. 29/2012/ND-CP provides for situations where staff shall compensate for the training costs, including leaving the school voluntarily, unilaterally terminate the labour contract during the training, not completing the course, not obtaining the diploma or not completing the serving time as committed. The Government also states that no information is available regarding the cases in which resignations were refused under the provisions of Decree No. 46/2010/ND CP. The Committee therefore requests the Government to provide, when available, information on the application of section 4(1) of Decree No. 46/2010 and section 36 of Decree No 29/2012/ND-CP in practice, indicating the cases in which resignations were refused.

Article 2(2)(c). 1. Prison labour. The Committee previously noted that section 3(4) of the Penal Code establishes that persons sentenced to imprisonment must be “compelled to serve their sentences in detention camps, to labour and study so as to become persons useful to society”. It noted that the Law on the Execution of Criminal Judgments was adopted in June 2010. Section 29 of this Law specifies that labour shall be organized for inmates to suit their age and health, and should meet management, education and community integration requirements. The Government stated that this Law does not stipulate that the use of prison labour for private or individual enterprises is prohibited. However, the Government indicated that, in practice, there are no prisoners working in enterprises. The Committee had requested the Government to provide information on any changes to the indicated practice in its future reports.

The Committee notes the Government’s information that Joint Circular No. 12/2013/TTLT BCA-BQP-BTC of 2 December 2013 provides guidance on work policies and vocational training regarding inmates. The Committee also notes that a draft amendment of the Law on Execution of Penal Judgement was developed in 2018. The draft amendments to its section 29 are mainly related to working conditions. The Committee further notes the Government’s statement that prisoners’ work is placed under the close supervision of prison officers, not under the supervision of private enterprises.

2. Other work imposed as a consequence of a conviction in a court of law. The Committee previously noted that section 65(2) of the Law on the Execution of Criminal Judgments states that, during a probation term, a person subject to a suspended sentence shall be assisted by the commune-level People’s Committee in finding a job. With regard to persons serving non-custodial reform sentences, section 76(3) of the Law provides that a sentenced person who is not a civil servant or other government employee shall be assisted by the commune-level People’s Committee in seeking employment. The Committee requested the Government to indicate if persons serving non-custodial reform sentences, or persons subject to suspended sentences, are under an obligation to perform work and, if so, to indicate the type of organizations and enterprises for which such work may be performed.

The Committee notes the Government’s information that persons subject to a suspended sentence may be obliged to work in organizations and enterprises during their probation term, which aims at creating conditions for them to work, live and be accepted in the normal social environment. They work under the supervision of agencies, organizations, military units, educational establishments or People’s Committees of communes, wards and townships where they reside. The Committee also notes the Government’s indication that persons subject to a suspended sentence often perform work at commune-level People’s Committees, such as office clerks, accountants or statisticians. They may also perform work in other sectors such as agriculture or construction. The Committee therefore requests the Government to provide information on the types of organizations and enterprises, other than commune-level People’s Committees, where persons subject to suspended sentences work, as well as on the number of persons who work in such organizations or enterprises. The Committee also once again requests the Government to indicate if persons serving non-custodial reform sentences are under an obligation to perform work and, if so, to indicate the type of organizations and enterprises for which such work may be performed.

Article 2(2)(d). Cases of emergency. The Committee previously noted that section 107 of the Labour Code of 2012 states that the employer has the right to require the employees to work overtime on any day, and the employees shall not be entitled to decline such work, if the work is: to implement a conscription order for the purpose of national security or national defence in emergency situations; to implement tasks to protect human life, or the assets of agencies, organizations or individuals; or in the prevention and recovery of natural calamities, fires, epidemics and disasters. It accordingly requested the Government to provide information on the application in practice of section 107 of the Labour Code.

The Committee notes the Government’s information on the adoption of Decree No. 45/2013/ND-CP, which provides for detailed provisions on overtime work (section 4). However, the Committee notes the Government’s indication that there is no information available on the mobilization of employees to work overtime in accordance with section 107 of the Labour Code. In this regard, the Committee once again recalls that Article 2(2)(d) of the Convention permits compulsory labour to be exacted only in cases of emergency, in the strict sense of the term, particularly events of war or of a calamity or threatened calamity, and in general to any circumstances that would endanger the existence or the well-being of the whole or part of the population. The Committee observes that the compulsory overtime work to protect the assets of agencies, organizations or individuals go beyond the limits indicated above. The Committee therefore once again requests the Government to provide information on the application in practice of section 107 of the Labour Code.

Article 2(2)(e). Minor communal services. The Committee previously noted that section 29(5) and (6) of the Law on the Powers and Responsibilities of Commune-level People’s Committees allows them to make decisions on measures to: manage, use and protect water resources and irrigation projects; prevent, combat and overcome natural disasters and floods; protect forests; repair and protect local dykes; and to develop and repair roads, bridges and culverts in communes, as well as other local infrastructure. The Government stated, in this respect, that it could be understood that a commune-level People’s Committee could mobilize persons to participate in the prevention and overcoming of natural disasters and floods, the protection of forests and the restoration of local dykes.

The Committee notes the Government’s information that, according to section 7 of the Government’s Decree No. 79/2003/ND-CP of July 2003 (the Regulation on the practice of democracy in communes), residents in the commune can decide the work within the village community, in accordance with the provisions of the law. The Government also indicates that there is currently no information on mandatory commune services in practice, including the duration of work and the number of people involved. With reference to the 2012 General Survey on the fundamental Conventions, paragraph 281, the Committee once again recalls that minor communal services may be allowed under the Convention only if certain specific criteria are met: (i) the services must be “minor services”, that is relating primarily to maintenance work and, in exceptional cases, to the erection of certain buildings intended to improve the social conditions of the population of the community itself; (ii) the services must be performed in the direct interest of the community and not relate to the execution of works intended to benefit a wider group; and (iii) the members of the community itself, that is the community which has to perform the services, or their “direct” representative (for example, the village council) must have the right to be consulted in regard to the need for such services. The Committee therefore once again requests the Government to provide further information on the exaction of minor communal services in practice, including the duration of the work carried out and the number of persons concerned, as well as on the consultations of the members of the community concerning the need for such services.

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Article 2(2)(a) of the Convention. Compulsory military service. In its previous comments, the Committee noted the Government’s statement that all citizens have the obligation to participate in the military service or the militia and self-defence forces, and participation in one service will exempt a person from the obligation to serve in the other. Section 8(3) of the Law on Militia and Self-Defence Forces of 2009 provides that the tasks of the militia and self-defence forces include, inter alia, protecting forests and preventing forest fires, protecting the environment and the construction and socio-economic development of localities and establishments. The Government indicated that this work includes dredging canals, building roads, supporting the economic development of households, planting trees and contributing to reducing and eliminating poverty. Between July 2010 and December 2012, the militia and self-defence forces had 163,124 enlisted persons who worked 2,508,812 working days.

The Committee notes the Government’s information in its report that the involvement of militia and self-defence forces in the construction of infrastructure projects and public welfare projects at the grassroots level are conducted on the basis of discussions and self-determination, pursuant to the Ordinance on the democracy in communes, wards and townships No. 34/2007/PL-NASC11. The Committee also notes that, according to section 9 of the Law on Militia and Self-Defence Forces of 2009, Vietnamese citizens aged between 18 and 45 years for men and between 18 and 40 years for women are obliged to join militia or self-defence forces. Its section 10 provides that the term of service in the militia and self-defence force is four years. Moreover, based on the practical situation, the nature of tasks and work requirements, the term of service in the militia and self-defence force may be prolonged for not more than two years for militia persons, or for a longer period for self-defence members and commanders of militia and self-defence units until they reach the age limits. This decision is taken by the chairpersons of People’s Committees at the commune level and heads of agencies or organizations.

The Committee observes that, in view of its duration, scope and the broad range of work performed, labour exacted from the population in the framework of compulsory service in the militia and self-defence force goes beyond the exceptions authorized by Article 2(2)(c) of the Convention. The Committee reminds the Government that compulsory military service is excluded from the scope of the Convention, provided that it is used “for work of a purely military character”. This condition is aimed specifically at preventing the call-up of conscripts for public works (see 2012 General Survey on the fundamental Conventions, paragraph 274). The Committee therefore urges the Government to take the necessary measures, in law and practice, to ensure that persons working by virtue of compulsory military conscription laws, including in the militia and self-defence forces, only engage in work of a military nature. It also requests the Government to provide information on the number of persons performing compulsory service in the militia and self-defence forces.

Article 25. Penal sanctions for forced labour. The Committee previously noted that section 8(3) of the Labour Code of 2012 prohibits the exaction of forced labour. Section 239 of the Labour Code states that persons who violate the Code’s provisions, depending on the nature and seriousness of their violations, shall be disciplined and administratively sanctioned or prosecuted for criminal liability. In this regard, the Committee noted the Government’s statement that the Ministry of Justice was conducting consultations on the contents of the Criminal Code, and had requested the Government to include the criminal offence of forced labour to the Criminal Code.

The Committee notes with satisfaction that the Criminal Code (No. 100/2015/QH13) was adopted on 27 November 2015, section 297 of which provides for penal liability for coercive labour. According to it, any person who uses violence or threat of violence or other methods to force a person to work against his/her will is punishable by a fine of from 50 million to 200 million Vietnamese dong (approximately US$2,195–$8,782) or imprisonment from six months to 12 years. The Committee requests the Government to provide information on the application of section 297 of the Criminal Code of 2015 in practice, including the number of investigations, prosecutions, convictions and specific penalties imposed.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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

Articles 1(1) and 2(1) of the Convention. Work exacted in drug rehabilitation centres. The Committee previously noted the Government’s statement that persons staying at drug rehabilitation centres are involved in production. The Government stated that this work is not forced labour and that it helps drug addicts to realize the value of their labour and to recover their work skills. Moreover, no sanction would be applied to those who did not wish to work. However, the Government also stated that those who are healthy enough are allocated a certain amount of products to produce, and that persons with low labour discipline would be criticized or reprimanded. The Committee further noted the Government’s indication that section 28 of the Law on Drug Prevention regarding post-rehabilitation management (No. 94/2009/ND-CP) states that the sending of drug addicts into compulsory drug rehabilitation establishments shall be implemented by a decision of the President of the People’s Committees in districts, towns and cities.

The Committee notes the Government’s information that, according to section 104 of the Law on Handling Administrative Violations of 2013, the district-level People’s Court shall examine and decide to send drug addicts above the age of 18, on whom measures of education have been applied in communes, wards and towns, but are still addicted, into compulsory rehabilitation centres for treatment, work, education, vocational training and community reintegration. The Government also indicates that Decree No. 221/2013/ND-CP was adopted to implement the Law on Handling of Administrative Violations. Section 27 of the Decree provides that work in rehabilitation establishments is an occupational therapy to help addicts to recover and practise labour skills which have been impaired due to drug addiction, and that the addicts shall not work more than three hours per day. The Committee notes that Decree No. 221/2013/ND-CP was amended by Decree No. 136/2016/ND-CP in 2016. As amended, section 27 provides that the addicts shall not work more than four hours per day and that drug addicts are not required to work during the detoxification session. Moreover, concerned persons may voluntarily participate in labour for an additional income, for which labour legislation applies. The Government further indicates that those who complete their drug detoxification treatment in the rehabilitation establishments will go back to the community where they reside. The Committee requests the Government to provide information on the application of section 27 of Decree No. 136/2016/ND-CP in practice, including the number of persons who are sent to the drug rehabilitation centres and the types of work performed by these persons.

Articles 1(1), 2(1) and 25. Trafficking in persons. In its previous comments, the Committee noted that section 119 of the Penal Code prohibits trafficking in persons, and that the adoption of the Law on the Prevention and Suppression of Human Trafficking strengthened the definition of trafficking in persons provided for in this section. The majority of persons sentenced received between three and 15 years’ imprisonment. Regarding the enforcement of the Law on the Prevention and Suppression of Human Trafficking, the Government indicated that the Ministry of Public Security and the Ministry of Defence were working closely to strengthen their operations in order to investigate and identify perpetrators of human trafficking.

The Committee notes the Government’s information that several circulars were adopted with regard to the prevention and suppression of human trafficking, including: Circular No. 78/2013/TT-MOD of 25 June 2013 providing for measures to be taken by the border guard and coastguard to prevent and combat human trafficking; Joint Circular No. 01/2013/TTLT/SPC-SPP-BCA-BQP-BTP of 23 July 2013 providing guidance on the criminal procedure for persons who commit acts of human trafficking; and Joint Circular No. 01/2014/BCA BNG MOD MOLISA of 10 February 2014 providing guidance on the procedures, formalities and cooperation relations in the verification, receipt and return of victims of trafficking. The Government also indicates that the Action Programme to Prevent and Combat Human Trafficking was implemented for the period 2011–15. Several projects were implemented within its framework, regarding law enforcement, international cooperation, information sharing and communication, as well as victim identification and protection. Moreover, the Action Programme for the period of 2016–20 was adopted. The Committee further notes the Government’s information that, from 2011 to 2015, the police force cooperated with the border guards to investigate 1,947 cases and arrested 3,055 persons. The People’s Courts have adjudicated 1,032 cases involving 2,084 defendants, of which three perpetrators were sentenced to life imprisonment, 152 perpetrators were sentenced to imprisonment of between 15 and 20 years, 667 perpetrators were sentenced to imprisonment of between seven and 15 years, and 1,050 perpetrators were sentenced to imprisonment of less than seven years. The Committee requests the Government to continue its efforts to prevent and combat trafficking in persons, and to provide information on the application in practice of section 119 of the Penal Code as well as the Law on the Prevention and Suppression of Human Trafficking, including the number of prosecutions, convictions and the specific penalties imposed. It also requests the Government to provide detailed information on the measures taken to ensure that victims of trafficking are provided with appropriate protection and services, as well as on the number of persons benefiting from these services. Lastly, the Committee requests the Government to provide information on the implementation of the Action Programme to Prevent and Combat Human Trafficking for 2016–20, including the measures undertaken and the results achieved.

Articles 1(1) and 2(1). Freedom of civil servants to terminate their employment contract. The Committee previously noted that, under section 3 of the Decree on job discontinuation and retirement procedures applicable to civil servants (Decree No. 46/2010), civil servants are entitled to terminate their employment contracts at their own will, subject to the consent of the competent agencies, organizations or units. Pursuant to section 4(1) of the Decree, in order to terminate employment, civil servants must submit written applications to the competent agencies, organizations or units, which have 30 days to accept it or not. In the latter case, the competent authority shall state the grounds for refusal, which may include, inter alia, the workers’ non-fulfilment of “an obligation to pay money or assets under their personal liability towards their agencies, organizations or units” or task requirements of the workers’ agencies, organizations or units. In this regard, the Committee noted the Government’s indication that national law does not restrict the rights of civil servants to resign, but purports to avoid arbitrary job discontinuation and difficulties for management agencies. Civil servants are not allowed to resign if they still owe money to the management agency and, in exceptional cases, civil servants are required to pay back fees for sponsored training courses and higher education before being entitled to resign. In order to ensure that a refusal to grant termination of employment is not of indefinite duration and that civil servants are allowed to resign within a reasonable period of time, the Committee requested information on the application of the Decree in practice.

The Committee notes the Government’s information that section 36 of Decree No. 29/2012/ND-CP provides for situations where staff shall compensate for the training costs, including leaving the school voluntarily, unilaterally terminate the labour contract during the training, not completing the course, not obtaining the diploma or not completing the serving time as committed. The Government also states that no information is available regarding the cases in which resignations were refused under the provisions of Decree No. 46/2010/ND CP. The Committee therefore requests the Government to provide, when available, information on the application of section 4(1) of Decree No. 46/2010 and section 36 of Decree No 29/2012/ND-CP in practice, indicating the cases in which resignations were refused.

Article 2(2)(c). 1. Prison labour. The Committee previously noted that section 3(4) of the Penal Code establishes that persons sentenced to imprisonment must be “compelled to serve their sentences in detention camps, to labour and study so as to become persons useful to society”. It noted that the Law on the Execution of Criminal Judgments was adopted in June 2010. Section 29 of this Law specifies that labour shall be organized for inmates to suit their age and health, and should meet management, education and community integration requirements. The Government stated that this Law does not stipulate that the use of prison labour for private or individual enterprises is prohibited. However, the Government indicated that, in practice, there are no prisoners working in enterprises. The Committee had requested the Government to provide information on any changes to the indicated practice in its future reports.

The Committee notes the Government’s information that Joint Circular No. 12/2013/TTLT BCA-BQP-BTC of 2 December 2013 provides guidance on work policies and vocational training regarding inmates. The Committee also notes that a draft amendment of the Law on Execution of Penal Judgement was developed in 2018. The draft amendments to its section 29 are mainly related to working conditions. The Committee further notes the Government’s statement that prisoners’ work is placed under the close supervision of prison officers, not under the supervision of private enterprises.

2. Other work imposed as a consequence of a conviction in a court of law. The Committee previously noted that section 65(2) of the Law on the Execution of Criminal Judgments states that, during a probation term, a person subject to a suspended sentence shall be assisted by the commune-level People’s Committee in finding a job. With regard to persons serving non-custodial reform sentences, section 76(3) of the Law provides that a sentenced person who is not a civil servant or other government employee shall be assisted by the commune-level People’s Committee in seeking employment. The Committee requested the Government to indicate if persons serving non-custodial reform sentences, or persons subject to suspended sentences, are under an obligation to perform work and, if so, to indicate the type of organizations and enterprises for which such work may be performed.

The Committee notes the Government’s information that persons subject to a suspended sentence may be obliged to work in organizations and enterprises during their probation term, which aims at creating conditions for them to work, live and be accepted in the normal social environment. They work under the supervision of agencies, organizations, military units, educational establishments or People’s Committees of communes, wards and townships where they reside. The Committee also notes the Government’s indication that persons subject to a suspended sentence often perform work at commune-level People’s Committees, such as office clerks, accountants or statisticians. They may also perform work in other sectors such as agriculture or construction. The Committee therefore requests the Government to provide information on the types of organizations and enterprises, other than commune-level People’s Committees, where persons subject to suspended sentences work, as well as on the number of persons who work in such organizations or enterprises. The Committee also once again requests the Government to indicate if persons serving non-custodial reform sentences are under an obligation to perform work and, if so, to indicate the type of organizations and enterprises for which such work may be performed.

Article 2(2)(d). Cases of emergency. The Committee previously noted that section 107 of the Labour Code of 2012 states that the employer has the right to require the employees to work overtime on any day, and the employees shall not be entitled to decline such work, if the work is: to implement a conscription order for the purpose of national security or national defence in emergency situations; to implement tasks to protect human life, or the assets of agencies, organizations or individuals; or in the prevention and recovery of natural calamities, fires, epidemics and disasters. It accordingly requested the Government to provide information on the application in practice of section 107 of the Labour Code.

The Committee notes the Government’s information on the adoption of Decree No. 45/2013/ND-CP, which provides for detailed provisions on overtime work (section 4). However, the Committee notes the Government’s indication that there is no information available on the mobilization of employees to work overtime in accordance with section 107 of the Labour Code. In this regard, the Committee once again recalls that Article 2(2)(d) of the Convention permits compulsory labour to be exacted only in cases of emergency, in the strict sense of the term, particularly events of war or of a calamity or threatened calamity, and in general to any circumstances that would endanger the existence or the well-being of the whole or part of the population. The Committee observes that the compulsory overtime work to protect the assets of agencies, organizations or individuals go beyond the limits indicated above. The Committee therefore once again requests the Government to provide information on the application in practice of section 107 of the Labour Code.

Article 2(2)(e). Minor communal services. The Committee previously noted that section 29(5) and (6) of the Law on the Powers and Responsibilities of Commune-level People’s Committees allows them to make decisions on measures to: manage, use and protect water resources and irrigation projects; prevent, combat and overcome natural disasters and floods; protect forests; repair and protect local dykes; and to develop and repair roads, bridges and culverts in communes, as well as other local infrastructure. The Government stated, in this respect, that it could be understood that a commune-level People’s Committee could mobilize persons to participate in the prevention and overcoming of natural disasters and floods, the protection of forests and the restoration of local dykes.

The Committee notes the Government’s information that, according to section 7 of the Government’s Decree No. 79/2003/ND-CP of July 2003 (the Regulation on the practice of democracy in communes), residents in the commune can decide the work within the village community, in accordance with the provisions of the law. The Government also indicates that there is currently no information on mandatory commune services in practice, including the duration of work and the number of people involved. With reference to the 2012 General Survey on the fundamental Conventions, paragraph 281, the Committee once again recalls that minor communal services may be allowed under the Convention only if certain specific criteria are met: (i) the services must be “minor services”, that is relating primarily to maintenance work and, in exceptional cases, to the erection of certain buildings intended to improve the social conditions of the population of the community itself; (ii) the services must be performed in the direct interest of the community and not relate to the execution of works intended to benefit a wider group; and (iii) the members of the community itself, that is the community which has to perform the services, or their “direct” representative (for example, the village council) must have the right to be consulted in regard to the need for such services. The Committee therefore once again requests the Government to provide further information on the exaction of minor communal services in practice, including the duration of the work carried out and the number of persons concerned, as well as on the consultations of the members of the community concerning the need for such services.

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

Article 2(2)(a) of the Convention. Compulsory military service. In its previous comments, the Committee noted the Government’s statement that all citizens have the obligation to participate in the military service or the militia and self-defence forces, and participation in one service will exempt a person from the obligation to serve in the other. Section 8(3) of the Law on Militia and Self-Defence Forces of 2009 provides that the tasks of the militia and self-defence forces include, inter alia, protecting forests and preventing forest fires, protecting the environment and the construction and socio-economic development of localities and establishments. The Government indicated that this work includes dredging canals, building roads, supporting the economic development of households, planting trees and contributing to reducing and eliminating poverty. Between July 2010 and December 2012, the militia and self-defence forces had 163,124 enlisted persons who worked 2,508,812 working days.

The Committee notes the Government’s information in its report that the involvement of militia and self-defence forces in the construction of infrastructure projects and public welfare projects at the grassroots level are conducted on the basis of discussions and self-determination, pursuant to the Ordinance on the democracy in communes, wards and townships No. 34/2007/PL-NASC11. The Committee also notes that, according to section 9 of the Law on Militia and Self-Defence Forces of 2009, Vietnamese citizens aged between 18 and 45 years for men and between 18 and 40 years for women are obliged to join militia or self-defence forces. Its section 10 provides that the term of service in the militia and self-defence force is four years. Moreover, based on the practical situation, the nature of tasks and work requirements, the term of service in the militia and self-defence force may be prolonged for not more than two years for militia persons, or for a longer period for self-defence members and commanders of militia and self-defence units until they reach the age limits. This decision is taken by the chairpersons of People’s Committees at the commune level and heads of agencies or organizations.

The Committee observes that, in view of its duration, scope and the broad range of work performed, labour exacted from the population in the framework of compulsory service in the militia and self-defence force goes beyond the exceptions authorized by Article 2(2)(c) of the Convention. The Committee reminds the Government that compulsory military service is excluded from the scope of the Convention, provided that it is used “for work of a purely military character”. This condition is aimed specifically at preventing the call-up of conscripts for public works (see 2012 General Survey on the fundamental Conventions, paragraph 274). The Committee therefore urges the Government to take the necessary measures, in law and practice, to ensure that persons working by virtue of compulsory military conscription laws, including in the militia and self-defence forces, only engage in work of a military nature. It also requests the Government to provide information on the number of persons performing compulsory service in the militia and self-defence forces.

Article 25. Penal sanctions for forced labour. The Committee previously noted that section 8(3) of the Labour Code of 2012 prohibits the exaction of forced labour. Section 239 of the Labour Code states that persons who violate the Code’s provisions, depending on the nature and seriousness of their violations, shall be disciplined and administratively sanctioned or prosecuted for criminal liability. In this regard, the Committee noted the Government’s statement that the Ministry of Justice was conducting consultations on the contents of the Criminal Code, and had requested the Government to include the criminal offence of forced labour to the Criminal Code.

The Committee notes with satisfaction that the Criminal Code (No. 100/2015/QH13) was adopted on 27 November 2015, section 297 of which provides for penal liability for coercive labour. According to it, any person who uses violence or threat of violence or other methods to force a person to work against his/her will is punishable by a fine of from 50 million to 200 million Vietnamese dong (approximately US$2,195–$8,782) or imprisonment from six months to 12 years. The Committee requests the Government to provide information on the application of section 297 of the Criminal Code of 2015 in practice, including the number of investigations, prosecutions, convictions and specific penalties imposed.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee noted that section 119 of the Penal Code prohibits trafficking in persons, and that the adoption of the Law on the prevention and suppression of human trafficking strengthened the definition of trafficking in persons provided for in this section. It requested information on the application of this legislation in practice.

The Committee notes the detailed information provided in the Government’s report concerning the application of section 119 of the Penal Code. In 2010, there were 124 cases prosecuted, involving 207 defendants and, in 2011, there were 131 cases prosecuted, involving 237 defendants. The majority of persons sentenced received between three and 15 years of imprisonment. Regarding the enforcement of the Law on the prevention and suppression of human trafficking, the Government indicates that the Ministry of Public Security and the Ministry of Defence have been working closely to strengthen their operations in order to investigate and identify perpetrators of human trafficking. The Ministry of Public Security has developed a plan with regard to investigating trafficking for the purpose of forced labour, and has directed local police forces to carry out activities aimed at combating trafficking in persons, specifically in border areas. The Government also indicates that it has promulgated several decrees and decisions relating to the implementation of the Law on the prevention and suppression of human trafficking, regarding victim identification, victim protection and the provision of support services to such victims. The Committee requests the Government to pursue its efforts to prevent and combat trafficking in persons, and to provide information on measures taken in this regard. It also requests the Government to continue to provide information on the measures taken to ensure that victims of trafficking are provided with appropriate protection and services, as well as on the number of persons benefiting from these services. Lastly, it requests the Government to continue to provide information on the application in practice of section 119 of the Penal Code as well as the Law on the prevention and suppression of human trafficking, including the number of prosecutions, convictions and the specific penalties imposed.

Articles 1(1) and 2(1). Freedom of civil servants to terminate their employment contract. The Committee previously noted that, under section 3 of the Decree on job discontinuation and retirement procedures applicable to civil servants (Decree No. 46/2010), civil servants are entitled to terminate their employment contracts at their own will, subject to the consent of the competent agencies, organizations or units. Pursuant to section 4(1) of the Decree, in order to terminate employment, civil servants must submit written applications to the competent agencies, organizations or units, which have 30 days to accept it or not. In the latter case, the competent authority shall state the grounds for refusal, which may include, inter alia, the workers’ non-fulfilment of “an obligation to pay money or assets under their personal liability towards their agencies, organizations or units” or task requirements of the workers’ agencies, organizations or units. In this regard, the Committee noted the Government’s indication that national law does not restrict the rights of civil servants to resign, but purports to avoid arbitrary job discontinuation and difficulties for management agencies. Civil servants are not allowed to resign if they still owe money to the management agency and, in exceptional cases, civil servants are required to pay back fees for sponsored training courses and higher education before being entitled to resign. In order to ensure that a refusal to grant termination of employment is not of indefinite duration and that civil servants are allowed to resign within a reasonable period of time, the Committee requested information on the application of the Decree in practice.

The Committee notes the Government’s statement that, as Decree No. 46/2010 was only issued two years ago and the Ministry of Home Affairs has not reviewed its implementation to date, there is not yet any statistical data available in this regard. The Government reiterates that an application for resignation cannot be accepted if the obligation to repay money or assets under their personal liability is not fulfilled. With reference to the General Survey on the fundamental Conventions concerning rights at work, 2012, paragraphs 271 and 290, the Committee once again recalls that the effect of statutory provisions preventing termination of employment of indefinite duration by means of notice of reasonable length, in practice transforms a contractual relationship based on the will of the parties into service by compulsion of law, and is thus incompatible with the Convention. The Committee therefore requests the Government to provide, when available, information on the application of section 4(1) of Decree No. 46/2010 in practice, indicating the cases in which resignations were refused. In particular, it requests the Government to indicate the number of cases where workers’ non-fulfilment of “an obligation to pay money or assets under their personal liability towards their agencies, organizations or units” or task requirements of the workers’ agencies, organizations or units were considered as grounds for refusal.

Article 2(2)(c). 1. Prison labour. The Committee previously noted that section 3(4) of the Penal Code establishes that persons sentenced to imprisonment must be “compelled to serve their sentences in detention camps, to labour and study so as to become persons useful to society”. It notes that the Law on the execution of criminal judgments was adopted in June 2010. Section 29 of this Law specifies that labour shall be organized for inmates to suit their age and health, and should meet management, education and community integration requirements. The Government states that this Law does not stipulate that the use of inmate labour for private or individual enterprises is prohibited. However, the Government indicates that, in practice, there are no prisoners working in enterprises. In this regard, the Committee requests the Government to provide information, in its future reports, on any changes to the indicated practice. Additionally, it requests the Government to indicate if, under any circumstances, private entities or enterprises could be allowed to operate workshops within prisons and, if so, to provide information in this regard.

2. Other work imposed as a consequence of a conviction in a court of law. The Committee notes that section 65(2) of the Law on the execution of criminal judgments states that, during a probation term, a person subject to a suspended sentence shall be assisted by the commune-level People’s Committee in finding a job. With regard to persons serving non-custodial reform sentences, section 76(3) of the Law provides that a sentenced person who is not a civil servant or other government employee shall be assisted by the commune-level People’s Committee in seeking employment. The Committee requests the Government to indicate if persons serving non-custodial reform sentences, or persons subject to suspended sentences, are under an obligation to perform work and, if so, to indicate the type of organizations and enterprises for which such work may be performed.

Article 2(2)(d). Cases of emergency. The Committee notes that section 107 of the Labour Code of 2012 states that the employer has the right to require the employees to work overtime on any day, and the employees shall not be entitled to decline such work, if the work is: to implement a conscription order for the purpose of national security or national defence in emergency situations; to implement tasks to protect human life, or the assets of agencies, organizations or individuals; or in the prevention and recovery of natural calamities, fires, epidemics and disasters.

In this connection, the Committee recalls that Article 2(2)(d) of the Convention permits compulsory labour to be exacted only in cases of emergency, in the strict sense of the term, particularly events of war or of a calamity or threatened calamity, and in general to any circumstances that would endanger the existence or the well-being of the whole or part of the population. It accordingly requests the Government to provide information on the application in practice of section 107 of the Labour Code in its next report.

Article 2(2)(e). Minor communal services. Following its previous comments, the Committee notes the Government’s statement that the Law on organization of the People’s Council and the People’s Committee of 2003 does not contain provisions regarding communal service. However, the Government states that section 29(5) and (6) of the Law on the powers and responsibilities of commune-level People’s Committees includes making decisions on measures to: manage, use and protect water resources and irrigation projects; prevent, combat and overcome natural disasters and floods; protect forests; repair and protect local dykes; and to develop and repair roads, bridges and culverts in communes, as well as other local infrastructure. The Government states, in this respect, that it can be understood that a commune-level People’s Committee can mobilize persons to participate in the prevention and overcoming of natural disasters and floods, the protection of forests and the restoration of local dykes.

Referring to its explanation above under Article 2(2)(d), the Committee observes in this respect that certain circumstances provided for in this Law, including the protection of forests, the managing of irrigation projects and the development and repair of roads, bridges and culverts, cannot be considered as situations of emergency, in the strict sense, within the meaning of the Convention. With reference to the General Survey on fundamental Conventions concerning rights at work, 2012, paragraph 281, it also recalls that minor communal services may be allowed under the Convention only if certain specific criteria are met: (i) the services must be “minor services”, that is relating primarily to maintenance work and, in exceptional cases, to the erection of certain buildings intended to improve the social conditions of the population of the community itself; (ii) the services must be performed in the direct interest of the community and not relate to the execution of works intended to benefit a wider group; and (iii) the members of the community itself, that is the community which has to perform the services, or their “direct” representative (for example, the village council) must have the right to be consulted in regard to the need for such services. The Committee therefore requests the Government to provide further information on the exaction of minor communal services in practice, including the duration of the work carried out and the number of persons concerned, as well as on the consultations of the members of the community concerning the need for such services.

Article 25. Penal sanctions. The Committee previously noted that, despite the administrative penalties punishing labour law violations provided for in sections 192 and 195 of the Labour Code, no specific criminal offence concerning forced labour was established in the Penal Code. However, it noted the Government’s indication that the forthcoming Labour Code would more clearly define forced labour, and that proposals had been made to revise the Penal Code with a view to ensuring compliance with the obligations under the Convention.

The Committee notes that section 8(3) of the Labour Code of 2012 prohibits the exaction of forced labour. Section 239 of the Labour Code states that persons who violate the Code’s provisions, depending on the nature and seriousness of their violations, shall be disciplined and administratively sanctioned or prosecuted for criminal liability. In this regard, the Committee notes the Government’s statement that, at present, the Ministry of Justice is conducting consultations on the contents of the Penal Code, and that the Ministry of Labour, War Invalids and Social Affairs has proposed to add the criminal offence of forced labour to the Code. Recalling that, pursuant to Article 25 of the Convention, the exaction of forced or compulsory labour shall be punishable as a penal offence, the Committee requests the Government to pursue its efforts to include the offence of forced labour in the Penal Code, within the framework of the ongoing revision and amendment of this legislation.

Communication of texts. The Committee once again requests the Government to supply, with its next report, copies of the following legislation: Ordinance on mobilization of private sector for national defence 2003; and Ordinance on national defence industry 2008.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Articles 1(1) and 2(1) of the Convention. Work exacted in drug rehabilitation centres. The Committee previously noted that the Decree on regulating in detail the implementation of the law to amend and supplement a number of articles of the Law on drug prevention regarding post-rehabilitation management (No. 94/2009/ND-CP) states that persons in drug rehabilitation centres must actively participate in labour and production and complete assigned target volume and quality of work (sections 26(2) and 34(1)(b)) and that the director of the centre has the authority to apply coercive measures against those failing to comply with the centre’s rules and regulations regarding education, learning and labour (section 43(1)(a)). Noting that work is part of the treatment in these centres, the Committee requested information on how persons enter these centres.

The Committee notes the Government’s statement that persons staying at drug rehabilitation centres are involved in production. The Government states that this is not forced labour, that this work helps drug addicts to realize the value of their labour and to recover their work skills, and that no sanction shall be applied to those who do not wish to work. However, the Government also states that those who are healthy enough are allocated a certain amount of product to produce, and that persons with low labour discipline will be criticized or reprimanded. The Committee further notes the Government’s indication that section 28 of the Law on drug prevention states that the sending of drug addicts into compulsory drug rehabilitation establishments shall be implemented by a decision of the President of the People’s Committees in districts, towns and cities.

With reference to paragraph 52 of its 2007 General Survey on the eradication of forced labour, the Committee reminds the Government that Article 2(2)(c) of the Convention provides that work can only be exacted from a person as a consequence of a conviction in a court of law. In this respect, it recalls that compulsory labour imposed by administrative or other non-judicial bodies or authorities is not compatible with the Convention. Therefore, noting that persons are sent to drug rehabilitation centres following an administrative decision, the Committee urges the Government to take the necessary measures, in both law and practice, to ensure that persons detained in drug rehabilitation centres who have not been convicted by a court of law may not be subject to the obligation to perform work. In this regard, the Committee requests the Government to provide information on how, in practice, the free and informed consent to work of persons in drug rehabilitation centres is formally obtained, free from the menace of any penalty and taking into account the situation of vulnerability of such persons.

Article 2(2)(a). Compulsory military service. The Committee previously noted that article 77 of the Constitution provides for compulsory military service and participation in building a national defence among citizens’ obligations. The Government indicated that compulsory military service is purely of a military character in order to protect the sovereignty and territorial integrity of the country, and that the use of labour and services exacted from persons in military duty for economic purposes for any organization or individual is strictly prohibited. However, the Committee noted that, pursuant to the Ordinance on militia and self defence forces 2004, all Vietnamese citizens were obliged to serve for five years in the militia or self-defence force, and that this service included the active implementation of socio-economic development programmes in localities.

The Committee notes the Government’s statement that all citizens have the obligation to participate in the military service or the militia and self-defence forces, and participation in one service will exempt a person from the obligation to serve in the other. Between July 2010 and December 2012, the militia and self defence forces had 163,124 enlisted persons who worked 2,508,812 public working days. The Committee also notes the Government’s indication that the Ordinance on militia and self-defence forces of 2004 has been replaced by the Law on militia and self-defence forces of 2009. Section 8(3) of the Law on militia and self-defence forces of 2009 states that the tasks of the militia and self-defence forces include, inter alia, protecting forests and preventing forest fires, protecting the environment and the construction and socio-economic development of localities and establishments. The Government indicates that this work includes dredging canals, building roads, supporting the economic development of households, planting trees and contributing to reducing and eliminating poverty.

In this regard, the Committee observes that these tasks do not appear to be work of a military character, and once again recalls that, under Article 2(2)(a) of the Convention, work or service exacted by virtue of compulsory military service legislation which is not of a purely military character is incompatible with the Convention. Taking note of the Government’s indication that such service is obligatory, the Committee requests the Government to take measures, in law and practice, to ensure that persons working by virtue of compulsory military conscription laws, including in the militia and self-defence forces, only engage in work of a military nature. It requests the Government to provide information on measures taken in this regard, in its next report. The Committee once again requests the Government to provide a copy of the Law on military service 1981 with its next report.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee noted that section 119 of the Penal Code prohibits trafficking in persons, and that the adoption of the Law on the prevention and suppression of human trafficking strengthened the definition of trafficking in persons provided for in this section. It requested information on the application of this legislation in practice.

The Committee notes the detailed information provided in the Government’s report concerning the application of section 119 of the Penal Code. In 2010, there were 124 cases prosecuted, involving 207 defendants and, in 2011, there were 131 cases prosecuted, involving 237 defendants. The majority of persons sentenced received between three and 15 years of imprisonment. Regarding the enforcement of the Law on the prevention and suppression of human trafficking, the Government indicates that the Ministry of Public Security and the Ministry of Defence have been working closely to strengthen their operations in order to investigate and identify perpetrators of human trafficking. The Ministry of Public Security has developed a plan with regard to investigating trafficking for the purpose of forced labour, and has directed local police forces to carry out activities aimed at combating trafficking in persons, specifically in border areas. The Government also indicates that it has promulgated several decrees and decisions relating to the implementation of the Law on the prevention and suppression of human trafficking, regarding victim identification, victim protection and the provision of support services to such victims. The Committee requests the Government to pursue its efforts to prevent and combat trafficking in persons, and to provide information on measures taken in this regard. It also requests the Government to continue to provide information on the measures taken to ensure that victims of trafficking are provided with appropriate protection and services, as well as on the number of persons benefiting from these services. Lastly, it requests the Government to continue to provide information on the application in practice of section 119 of the Penal Code as well as the Law on the prevention and suppression of human trafficking, including the number of prosecutions, convictions and the specific penalties imposed.

Articles 1(1) and 2(1). Freedom of civil servants to terminate their employment contract. The Committee previously noted that, under section 3 of the Decree on job discontinuation and retirement procedures applicable to civil servants (Decree No. 46/2010), civil servants are entitled to terminate their employment contracts at their own will, subject to the consent of the competent agencies, organizations or units. Pursuant to section 4(1) of the Decree, in order to terminate employment, civil servants must submit written applications to the competent agencies, organizations or units, which have 30 days to accept it or not. In the latter case, the competent authority shall state the grounds for refusal, which may include, inter alia, the workers’ non-fulfilment of “an obligation to pay money or assets under their personal liability towards their agencies, organizations or units” or task requirements of the workers’ agencies, organizations or units. In this regard, the Committee noted the Government’s indication that national law does not restrict the rights of civil servants to resign, but purports to avoid arbitrary job discontinuation and difficulties for management agencies. Civil servants are not allowed to resign if they still owe money to the management agency and, in exceptional cases, civil servants are required to pay back fees for sponsored training courses and higher education before being entitled to resign. In order to ensure that a refusal to grant termination of employment is not of indefinite duration and that civil servants are allowed to resign within a reasonable period of time, the Committee requested information on the application of the Decree in practice.

The Committee notes the Government’s statement that, as Decree No. 46/2010 was only issued two years ago and the Ministry of Home Affairs has not reviewed its implementation to date, there is not yet any statistical data available in this regard. The Government reiterates that an application for resignation cannot be accepted if the obligation to repay money or assets under their personal liability is not fulfilled. With reference to the General Survey on the fundamental Conventions concerning rights at work, 2012, paragraphs 271 and 290, the Committee once again recalls that the effect of statutory provisions preventing termination of employment of indefinite duration by means of notice of reasonable length, in practice transforms a contractual relationship based on the will of the parties into service by compulsion of law, and is thus incompatible with the Convention. The Committee therefore requests the Government to provide, when available, information on the application of section 4(1) of Decree No. 46/2010 in practice, indicating the cases in which resignations were refused. In particular, it requests the Government to indicate the number of cases where workers’ non-fulfilment of “an obligation to pay money or assets under their personal liability towards their agencies, organizations or units” or task requirements of the workers’ agencies, organizations or units were considered as grounds for refusal.

Article 2(2)(c). 1. Prison labour. The Committee previously noted that section 3(4) of the Penal Code establishes that persons sentenced to imprisonment must be “compelled to serve their sentences in detention camps, to labour and study so as to become persons useful to society”. It notes that the Law on the execution of criminal judgments was adopted in June 2010. Section 29 of this Law specifies that labour shall be organized for inmates to suit their age and health, and should meet management, education and community integration requirements. The Government states that this Law does not stipulate that the use of inmate labour for private or individual enterprises is prohibited. However, the Government indicates that, in practice, there are no prisoners working in enterprises. In this regard, the Committee requests the Government to provide information, in its future reports, on any changes to the indicated practice. Additionally, it requests the Government to indicate if, under any circumstances, private entities or enterprises could be allowed to operate workshops within prisons and, if so, to provide information in this regard.

2. Other work imposed as a consequence of a conviction in a court of law. The Committee notes that section 65(2) of the Law on the execution of criminal judgments states that, during a probation term, a person subject to a suspended sentence shall be assisted by the commune-level People’s Committee in finding a job. With regard to persons serving non-custodial reform sentences, section 76(3) of the Law provides that a sentenced person who is not a civil servant or other government employee shall be assisted by the commune-level People’s Committee in seeking employment. The Committee requests the Government to indicate if persons serving non-custodial reform sentences, or persons subject to suspended sentences, are under an obligation to perform work and, if so, to indicate the type of organizations and enterprises for which such work may be performed.

Article 2(2)(d). Cases of emergency. The Committee notes that section 107 of the Labour Code of 2012 states that the employer has the right to require the employees to work overtime on any day, and the employees shall not be entitled to decline such work, if the work is: to implement a conscription order for the purpose of national security or national defence in emergency situations; to implement tasks to protect human life, or the assets of agencies, organizations or individuals; or in the prevention and recovery of natural calamities, fires, epidemics and disasters.

In this connection, the Committee recalls that Article 2(2)(d) of the Convention permits compulsory labour to be exacted only in cases of emergency, in the strict sense of the term, particularly events of war or of a calamity or threatened calamity, and in general to any circumstances that would endanger the existence or the well-being of the whole or part of the population. It accordingly requests the Government to provide information on the application in practice of section 107 of the Labour Code in its next report.

Article 2(2)(e). Minor communal services. Following its previous comments, the Committee notes the Government’s statement that the Law on organization of the People’s Council and the People’s Committee of 2003 does not contain provisions regarding communal service. However, the Government states that section 29(5) and (6) of the Law on the powers and responsibilities of commune-level People’s Committees includes making decisions on measures to: manage, use and protect water resources and irrigation projects; prevent, combat and overcome natural disasters and floods; protect forests; repair and protect local dykes; and to develop and repair roads, bridges and culverts in communes, as well as other local infrastructure. The Government states, in this respect, that it can be understood that a commune-level People’s Committee can mobilize persons to participate in the prevention and overcoming of natural disasters and floods, the protection of forests and the restoration of local dykes.

Referring to its explanation above under Article 2(2)(d), the Committee observes in this respect that certain circumstances provided for in this Law, including the protection of forests, the managing of irrigation projects and the development and repair of roads, bridges and culverts, cannot be considered as situations of emergency, in the strict sense, within the meaning of the Convention. With reference to the General Survey on fundamental Conventions concerning rights at work, 2012, paragraph 281, it also recalls that minor communal services may be allowed under the Convention only if certain specific criteria are met: (i) the services must be “minor services”, that is relating primarily to maintenance work and, in exceptional cases, to the erection of certain buildings intended to improve the social conditions of the population of the community itself; (ii) the services must be performed in the direct interest of the community and not relate to the execution of works intended to benefit a wider group; and (iii) the members of the community itself, that is the community which has to perform the services, or their “direct” representative (for example, the village council) must have the right to be consulted in regard to the need for such services. The Committee therefore requests the Government to provide further information on the exaction of minor communal services in practice, including the duration of the work carried out and the number of persons concerned, as well as on the consultations of the members of the community concerning the need for such services.

Article 25. Penal sanctions. The Committee previously noted that, despite the administrative penalties punishing labour law violations provided for in sections 192 and 195 of the Labour Code, no specific criminal offence concerning forced labour was established in the Penal Code. However, it noted the Government’s indication that the forthcoming Labour Code would more clearly define forced labour, and that proposals had been made to revise the Penal Code with a view to ensuring compliance with the obligations under the Convention.

The Committee notes that section 8(3) of the Labour Code of 2012 prohibits the exaction of forced labour. Section 239 of the Labour Code states that persons who violate the Code’s provisions, depending on the nature and seriousness of their violations, shall be disciplined and administratively sanctioned or prosecuted for criminal liability. In this regard, the Committee notes the Government’s statement that, at present, the Ministry of Justice is conducting consultations on the contents of the Penal Code, and that the Ministry of Labour, War Invalids and Social Affairs has proposed to add the criminal offence of forced labour to the Code. Recalling that, pursuant to Article 25 of the Convention, the exaction of forced or compulsory labour shall be punishable as a penal offence, the Committee requests the Government to pursue its efforts to include the offence of forced labour in the Penal Code, within the framework of the ongoing revision and amendment of this legislation.

Communication of texts. The Committee once again requests the Government to supply, with its next report, copies of the following legislation: Ordinance on mobilization of private sector for national defence 2003; and Ordinance on national defence industry 2008.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Articles 1(1) and 2(1) of the Convention. Work exacted in drug rehabilitation centres. The Committee previously noted that the Decree on regulating in detail the implementation of the law to amend and supplement a number of articles of the Law on drug prevention regarding post-rehabilitation management (No. 94/2009/ND-CP) states that persons in drug rehabilitation centres must actively participate in labour and production and complete assigned target volume and quality of work (sections 26(2) and 34(1)(b)) and that the director of the centre has the authority to apply coercive measures against those failing to comply with the centre’s rules and regulations regarding education, learning and labour (section 43(1)(a)). Noting that work is part of the treatment in these centres, the Committee requested information on how persons enter these centres.

The Committee notes the Government’s statement that persons staying at drug rehabilitation centres are involved in production. The Government states that this is not forced labour, that this work helps drug addicts to realize the value of their labour and to recover their work skills, and that no sanction shall be applied to those who do not wish to work. However, the Government also states that those who are healthy enough are allocated a certain amount of product to produce, and that persons with low labour discipline will be criticized or reprimanded. The Committee further notes the Government’s indication that section 28 of the Law on drug prevention states that the sending of drug addicts into compulsory drug rehabilitation establishments shall be implemented by a decision of the President of the People’s Committees in districts, towns and cities.

With reference to paragraph 52 of its 2007 General Survey on the eradication of forced labour, the Committee reminds the Government that Article 2(2)(c) of the Convention provides that work can only be exacted from a person as a consequence of a conviction in a court of law. In this respect, it recalls that compulsory labour imposed by administrative or other non-judicial bodies or authorities is not compatible with the Convention. Therefore, noting that persons are sent to drug rehabilitation centres following an administrative decision, the Committee urges the Government to take the necessary measures, in both law and practice, to ensure that persons detained in drug rehabilitation centres who have not been convicted by a court of law may not be subject to the obligation to perform work. In this regard, the Committee requests the Government to provide information on how, in practice, the free and informed consent to work of persons in drug rehabilitation centres is formally obtained, free from the menace of any penalty and taking into account the situation of vulnerability of such persons.

Article 2(2)(a). Compulsory military service. The Committee previously noted that article 77 of the Constitution provides for compulsory military service and participation in building a national defence among citizens’ obligations. The Government indicated that compulsory military service is purely of a military character in order to protect the sovereignty and territorial integrity of the country, and that the use of labour and services exacted from persons in military duty for economic purposes for any organization or individual is strictly prohibited. However, the Committee noted that, pursuant to the Ordinance on militia and self defence forces 2004, all Vietnamese citizens were obliged to serve for five years in the militia or self-defence force, and that this service included the active implementation of socio-economic development programmes in localities.

The Committee notes the Government’s statement that all citizens have the obligation to participate in the military service or the militia and self-defence forces, and participation in one service will exempt a person from the obligation to serve in the other. Between July 2010 and December 2012, the militia and self defence forces had 163,124 enlisted persons who worked 2,508,812 public working days. The Committee also notes the Government’s indication that the Ordinance on militia and self-defence forces of 2004 has been replaced by the Law on militia and self-defence forces of 2009. Section 8(3) of the Law on militia and self-defence forces of 2009 states that the tasks of the militia and self-defence forces include, inter alia, protecting forests and preventing forest fires, protecting the environment and the construction and socio-economic development of localities and establishments. The Government indicates that this work includes dredging canals, building roads, supporting the economic development of households, planting trees and contributing to reducing and eliminating poverty.

In this regard, the Committee observes that these tasks do not appear to be work of a military character, and once again recalls that, under Article 2(2)(a) of the Convention, work or service exacted by virtue of compulsory military service legislation which is not of a purely military character is incompatible with the Convention. Taking note of the Government’s indication that such service is obligatory, the Committee requests the Government to take measures, in law and practice, to ensure that persons working by virtue of compulsory military conscription laws, including in the militia and self-defence forces, only engage in work of a military nature. It requests the Government to provide information on measures taken in this regard, in its next report. The Committee once again requests the Government to provide a copy of the Law on military service 1981 with its next report.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its earlier comment, the Committee noted section 119 of the Penal Code, as amended in 2009, which prohibits trafficking in persons.

The Committee takes due note of the adoption by the national assembly in March 2011 of the Law on prevention and suppression of human trafficking, which entered into force on 1 January 2012. The Committee notes that the Law strengthens the definition of trafficking in persons provided for in sections 119 and 120 of the Penal Code and includes detailed provisions relating to the prevention of trafficking in persons, the detection of cases of trafficking, the protection and support of victims of trafficking, the responsibilities of different ministries and international cooperation in the prevention and suppression of trafficking.

The Committee notes the information contained in the Government’s report as regards the legal documents developed by the Programme of Action on Prevention and Combating Trafficking in Women and Children (No. 130) of the Ministry of Labour, Invalids and Social Affairs on receiving victims of trafficking in persons and supporting their rehabilitation for reintegration into the community. The Committee further notes the network to support victims of trafficking in persons consisting of international organizations and national partners, which aims to strengthen information sharing, support services for victims, adopt timely interventions for their reintegration and improve referral services by strengthening cooperation between agencies involved in the reception and support of victims of trafficking in persons. The Committee also notes that the Ministry of Labour, Invalids and Social Affairs has cooperated closely with international organizations, including the ILO, to develop and implement pilot community-based models to support victims of trafficking in persons. In addition, the Committee notes the measures taken by the Government on preventing and combatting trafficking in women and children in terms of capacity building of local staff and communication and awareness-raising activities.

Considering that the Government’s report contains no information on this point, the Committee again requests the Government to provide information concerning the application in practice of sections 119 and 120 of the Penal Code, including information on numbers of cases of prosecutions and convictions, and indicating the penalties imposed on perpetrators. The Committee also requests the Government to provide information on measures taken to give effect to the Law on Prevention and Suppression of Human Trafficking 2011.

Article 1(1) and 2(1). 1. Work exacted in drug rehabilitation centres. The Committee notes the Decree on regulating in detail the implementation of the law to amend and supplement a number of articles of the Law on drug prevention regarding post-rehabilitation management (No. 94/2009/ND-CP), which regulates drug rehabilitation centres. The Committee notes that the Decree stipulates that persons in these centres must actively participate in labour and production and complete assigned target volume and quality of work (sections 26(2), 34(1)(b)) and that the Director of the Centre has the authority to apply coercive measures against those failing to comply with the Centre’s rules and regulations regarding education, learning and labour (section 43(1)(a)). Noting that work is part of the treatment in these centres, the Committee requests the Government to provide information as to how persons enter these centres, how the authorities ensure that the persons concerned have given their free and formal consent to work and what sanctions are applied in case of refusal to work. The Committee also requests the Government, in its next report, to provide copies of laws and regulations governing drug rehabilitation centres, including Decree No. 135/2004.

2. Freedom of civil servants to terminate their employment contract. The Committee previously noted that, under section 3 of the Decree on job discontinuation and retirement procedures applicable to civil servants (Decree No. 46/2010), civil servants are entitled to terminate their employment contracts at their own will, subject to the consent of competent agencies, organizations or units. The Committee further noted that under section 4(1) of the same Decree, in order to terminate employment, civil servants must submit written applications to the competent agencies, organizations or units, which have 30 days to accept it or not. In the latter case, the competent authority shall state the grounds for refusal, which may include, inter alia, the workers’ non-fulfilment of “an obligation to pay money or assets under their personal liability towards their agencies, organizations or units” or task requirements of the workers’ agencies, organizations or units.

The Committee notes the Government’s indication that national law does not restrict the rights of civil servants to resign, but purports to avoid arbitrary job discontinuation and difficulties for management agencies. Civil servants are not allowed to resign if they still owe money to the management agency. The Government states that statistics are not available, but that most civil servants wishing to resign are allowed to. In exceptional cases, civil servants were required to pay back fees for sponsored training courses and higher education before being entitled to resign.

While noting the Government’s explanations, the Committee is bound to recall, referring also to the explanations in paragraphs 271 and 290 of its General Survey of 2012 on the fundamental Conventions concerning rights at work, that the effect of statutory provisions preventing termination of employment of indefinite duration by means of notice of reasonable length amounts, in practice, to turning a contractual relationship based on the will of the parties into service by compulsion of law, and is thus incompatible with the Convention.

In order to ensure that a refusal to grant termination of employment is not of indefinite duration and that civil servants are allowed to resign within a reasonable period of time, the Committee requests the Government to provide information on the application of section 4(1) of the abovementioned Decree in practice, indicating the cases in which resignations were refused, in particular concerning the workers’ non-fulfilment of “an obligation to pay money or assets under their personal liability towards their agencies, organizations or units” or task requirements of the workers’ agencies, organizations or units as grounds for refusal.

Article 2(2)(a). Compulsory military service. The Committee previously noted article 77 of the Constitution, which provides for compulsory military service and participation in building a national defence amongst citizens’ obligations and requested the Government to provide information on the guarantees provided to ensure that work or services exacted under compulsory military service laws are used purely for military ends.

The Committee notes the Government’s indication in its report that compulsory military service is purely of a military character in order to protect the sovereignty and territorial integrity of the country. The Government states that the use of labour and services extracted from persons in military duty for economic purposes for any organization or individual is strictly prohibited. In this regard, the Government refers to various legal regulations regarding military duties, in particular the Law on military service 1981.

The Committee further notes that, according to the Ordinance on militia and self-defence force 2004, provided by the Government, all Vietnamese citizens, aged between 18 and 45 for men and aged between 18 and 40 years for women, are obliged to serve for five years in the militia or self-defence force. The Committee notes the tasks of the militia and self-defence force set out in section 7 of the Ordinance and notes that, besides military activities to protect the sovereignty and territorial integrity of the country, they are “to actively implement socio-economic development programs in localities” (section 7(3)). In addition, the Committee notes that section 25 of the Ordinance provides that “core militia and self-defence officers and men shall be exempt from annual public labour obligation”.

The Committee recalls that, under Article 2(2)(a) of the Convention, work or service exacted in virtue of compulsory military service laws is only excluded from the scope of the Convention on condition that it is of a purely military character.

The Committee understands that both the Law on military service 1981 and the Ordinance on militia and self-defence force 2004 regulate compulsory military service and the building of a national defence among citizens. The Committee requests the Government to explain in its next report how these two laws relate to each other. For this purpose, the Committee also requests the Government to provide a copy of the Law on military service 1981, in English, if possible, indicating which provisions ensure that “the works undertaken by Vietnamese citizens for the armed forces are of pure military character”. As regards the Ordinance on militia and self-defence force 2004, the Committee requests the Government to clarify in its next report how in practice effect is given to section 7(3) relating to the active implementation of socio-economic development programmes in localities and to clarify the meaning of the “annual public labour obligation” referred to in section 25. It requests the Government to provide copies of laws and regulations governing the annual public labour obligation.

Article 2(2)(c). Prison labour. The Committee previously noted section 3(4) of the Penal Code which establishes that persons sentenced to imprisonment must be “compelled to serve their sentences in detention camps, to labour and study so as to become persons useful to society”. The Committee also noted the Government’s indication that section 22 of the Ordinance on enforcement of judgement by imprisonment provides for compulsory prison labour, and that, according to the Regulation on stockade, the use of inmates’ labour for private or individual enterprises is strictly prohibited. As the Government’s report contains no copies of the requested legislation, the Committee once again requests the Government to provide copies of the above provisions of the Ordinance on enforcement of judgement by imprisonment and the Regulation on stockade.

Article 2(2)(e). Minor communal services. The Committee, in its earlier comment, noted the Government’s indications that the provisions of the Law on the Organization of people’s council and people’s committee 2003 authorize communal authorities to mobilize local people to perform minor services for the direct interest of the community.

The Committee notes the copy of the Law on the organization of people’s council and people’s committee 1994 provided by the Government. The Committee also notes the Government’s repeated indication that the local people’s council has the right and responsibility to develop and adopt the plan to mobilize human resources for activities that are directly for the interest of the local community. In addition, the Government states that any new needs for communal services for the interest of the community shall be discussed and consulted with the members of the community, including heads of the residential area or directly by meetings of the residential areas. Considering that the 1994 legislation provided by the Government does not seem to include any provisions relating to communal services, the Committee requests the Government, in its next report, to provide a copy of the Law on the organization of people’s council and people’s committee 2003 and indicate the provisions which organize communal services. It further requests the Government to provide information as to the scope, type and duration of communal services, including examples of work mandated by the local people’s council.

Article 25. Penal sanctions. The Committee previously noted that, despite the administrative penalties punishing labour law violations provided for in sections 192 and 195 of the Labour Code, no specific criminal offence concerning forced labour is established in the Penal Code apart from several related dispositions concerning ill-treatment of other persons (section 110), human trafficking (sections 119 and 120), humiliation (section 121) and coerced or forced prostitution (section 254(2)).

The Committee notes the Government’s indication that the People’s Supreme Court has provided guidelines to lower level courts to improve the efficiency of the handling of criminal cases, generally, and, in particular, relating to prostitution, human trafficking, humiliation and ill-treatment. The Committee further notes the Government’s statement that the Ministry of Justice has made a proposal for revision of the Penal Code, including amending and supplementing the provisions relating to forced labour with a view to ensuring compliance with the obligations under the Convention and taking into consideration the recommendations of the Committee. Moreover, the Government indicates that the revised draft Labour Code, which more clearly defines forced labour, will be presented to the national assembly.

Recalling that, under Article 25 of the Convention, the illegal exaction of forced or compulsory labour shall be punishable as a penal offence, and the penalties imposed by law shall be really adequate and strictly enforced, the Committee trusts that the draft Labour Code and amendments to the Penal Code will soon be adopted to ensure fuller compliance with the Convention. The Committee requests the Government to continue to provide information regarding the process of revision and amendment of the legislation. Pending this process, the Committee also requests the Government to continue to provide information on the enforcement of criminal offences related to forced labour and the prosecution of forced labour cases.

Communication of texts. The Committee once again requests the Government to supply, with its next report, copies of the following legislation: Law on people’s police 2005; Ordinance on mobilization of private sector for national defence 2003; and Ordinance on national defence industry 2008.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee has noted with interest the information provided by the Government in its first report on the application of the Convention. It requests the Government to provide, in its next report, additional information on the following points.

Communication of texts. The Committee requests the Government to supply, with its next report, copies of the following legislation: Law on Military Service 1981; Ordinance on Militia and Self Defence Force 2004; Law on People’s Police 2005; Ordinance on Military Reserve Forces 1996; Ordinance on Mobilization of Private Sector for National Defence 2003; Ordinance on National Defence Industry 2008; and Law on the Organization of People’s Council and People’s Committee 2003.

Articles 1(1) and 2(1) of the Convention. Freedom of civil servants to terminate employment contract. The Committee notes that, under section 3 of the Decree on job discontinuation and retirement procedures applicable to civil servants (Decree No. 46/2010), civil servants are entitled to terminate their employment contracts at their own will, subject to the consent of competent agencies, organizations or units. The Committee further notes that under section 4(1) of the same Decree, in order to terminate employment, civil servants must submit written applications to the competent agencies, organizations or units, which have 30 days to accept it or not. In the latter case, the competent authority shall state the grounds for refusal, which may include, inter alia, the workers’ non-fulfilment of “an obligation to pay money or assets under their personal liability towards their agencies, organizations or units” or task requirements of the workers’ agencies, organizations or units. The Committee recalls, referring also to the explanations in paragraphs 96–97 of its 2007 General Survey on the eradication of forced labour, that the effect of statutory provisions preventing termination of employment of indefinite duration by means of notice of reasonable length amounts, in practice, to turning a contractual relationship based on the will of the parties into service by compulsion of law, and is thus incompatible with the Convention.

The Committee therefore asks the Government to take the necessary measures to bring the abovementioned provisions into conformity with the Convention. Pending the adoption of such measures, the Committee requests the Government to provide information on the application of the abovementioned provision in practice, indicating the number of cases in which resignations were refused and the grounds for refusal.

Articles 1(1), 2(1) and 25. Trafficking in persons. The Committee notes section 119 of the Penal Code as amended in 2009, which prohibits trafficking in persons. It also notes the information provided by the Government as regards measures taken to strengthen international cooperation to eliminate trafficking in human beings, in particular the bilateral cooperation agreements on prevention and combating trafficking in women and children signed with Cambodia, Thailand and Australia. The Committee further notes the information in the Government’s report concerning its interest in ratifying the UN Protocol to Prevent Suppress and Punish Trafficking in Persons (Palermo Protocol).

The Committee requests the Government to provide information concerning the application in practice of section 119 of the Penal Code, including information on penalties imposed on perpetrators and, more generally, to provide further information on law enforcement measures taken or contemplated, as well as measures designed to strengthen investigations and prosecutions. It also asks for information on measures taken to improve the training of relevant agents and cooperation with social partners. Please continue to provide information on measures taken to strengthen international cooperation.

Article 2(2)(a). Compulsory military service. The Committee notes article 77 of the Constitution, which provides for compulsory military service and participation in building a national defence amongst citizens’ obligations. Noting also the Government’s statement in its report that “the works undertaken by Vietnamese citizens for the armed forces are of pure military character”, the Committee requests the Government to indicate, in its next report, what guarantees are provided to ensure that work or services exacted under compulsory military service laws are used purely for military ends, and to provide copies of relevant legal provisions.

Article 2(2)(c). Prison labour. The Committee notes the provision of section 3, paragraph 4, of the Penal Code which establishes that persons sentenced to imprisonment must be “compelled to serve their sentences in detention camps, to labour and study so as to become persons useful to society.”

The Committee further notes the Government’s indication in its report that section 22 of the Ordinance on Enforcement of Judgement by Imprisonment provides for compulsory prison labour. The Government also indicates that, according to the Regulation on Stockade, the use of inmates’ labour for private or individual enterprises is strictly prohibited. The Committee requests the Government to provide copies of the above provisions of the Ordinance on Enforcement of Judgement by Imprisonment and the Regulation on Stockade.

Article 2(2)(e). Minor communal services. The Committee notes the information provided by the Government in its report as regards the provisions of the Law on the Organization of People’s Council and People’s Committee that authorize communal authorities to mobilize local people to perform minor services for the direct interest of the community. It further notes the indication in the Government’s report that “the local People’s Council shall have the right and responsibility to develop and adopt the plan of mobilization of human resources to provide communal services”. The Committee requests the Government to provide copies of the legislation regarding communal services. Please also indicate whether members of the community or their direct representatives are consulted in regard to the need for such services.

Article 25. Penal sanctions. The Committee notes that despite the administrative penalties punishing labour law violations provided in sections 192 and 195 of the Labour Code, no specific criminal offence concerning forced labour is established in the Penal Code. It notes that related dispositions could be applied, such as ill-treatment of other persons (section 110), trafficking in persons (section 119), trafficking in children (section 120), humiliation (section 121), coerced or forced prostitution (section 254, paragraph 2). The Committee recalls that, in accordance with Article 25 of the Convention, the illegal exaction of forced or compulsory labour shall be punishable as a penal offence, and it shall be an obligation on any Member ratifying this Convention to ensure that the penalties imposed by law are really adequate and are strictly enforced.

The Committee requests the Government to provide information regarding the enforcement of criminal offences related to forced labour and the prosecution of forced labour cases and, more generally, on measures taken or contemplated to give full effect to this article. Noting also the Government’s indications in its report concerning the need for revision of the provisions regarding forced labour in both the Labour and Penal Codes, the Committee requests the Government to take these comments into consideration when drafting the new legislation. Please continue to provide information regarding the process of revision and amendment of the legislation.