Texts of pending comments

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

The Committee notes the promulgation of the following regulatory texts relating to the marking of packages: Ministry of Transport Circular No. 14/2016/TT-BGTVT of 28 June 2016 on the weighing and certification of the whole volume of international shipping containers; Decree No. 80/2013/ND-CP of 19 July 2014 establishing administrative penalties for infringements of standards, measurements and product and goods quality (replacing Decree No. 54/2009/ND-CP of 5 June 2009); National Technical Standard No. 38/2015/BGTVT regulating technical safety requirements relating to the design, manufacture, repair, importation and use of containers transported by land, sea or rail, and requirements relating to the management, inspection and certification of such containers; and Ministry of Transport Circular No. 64/2015/TT-BGTVT of 5 November 2015 on the promulgation of the national technical standard on the inspection and manufacture of transport containers and on modes of transportation. The Committee also notes the Government’s indication that the rare infringements reported in this regard show that the regulations in force are fully applied. The Committee requests the Government to continue providing all relevant information on the application of the Convention.

The Committee takes note of the Government’s first report.

The Committee notes the Government’s indication that the Convention is applied in its entirety in the country and is implemented mainly through the Labour Code, 2019 and the Trade Union Act, 2012 (TUA), as well as their guiding documents, including Decree No. 145/ND-CP, 2020, Decree No. 28/2020/ND-CP, 2020 and Circular No. 10/2020/TT-BLĐTBXH, 2020. The Committee further notes the Government’s statement that the comments of the Viet Nam General Confederation of Labour, the Viet Nam Chamber of Commerce and Industry and the Viet Nam Cooperative Alliance were considered and incorporated into its report.

Scope of application of the Convention. The Committee notes that: (i) pursuant to sections 1 and 5 of the TUA, trade unions represent cadres and civil servants, public employees, workers and other labourers, where labourers are Vietnamese persons; and (ii) the Labour Code is applicable to workers, apprentices, trainees, persons working without an employment relationship, employers and foreign workers, as well as other agencies, organizations and individuals directly involved in labour relations (section 2 of the Labour Code). The Committee observes, however, that section 220(3) of the Labour Code stipulates that the regime for cadres, civil servants, public employees, personnel belonging to the armed forces and the police, social organizations, members of cooperatives and persons working without an employment relationship shall be regulated in different legal documents but that, depending on the particular category, a number of provisions of the Labour Code may apply. It also notes the Government’s indication that the provisions of the Labour Code relating to the application of the principles of the right to organize and collective bargaining are not applicable to civil servants. Recalling that the Convention covers all workers, whether nationals or foreigners, in both the private and public sectors, with the only authorized exceptions of the armed forces, the police and public servants engaged in the administration of the State (Articles 5 and 6), the Committee requests the Government to provide information on any legal provisions, apart from the relevant sections of the TUA, that provide all the rights guaranteed by the Convention to the categories of workers excluded from the application of the Labour Code under section 220(3), in particular public employees and public servants not engaged in the administration of the State, workers in a managerial position and workers without an employment contract, and to indicate what provisions of the Labour Code, if any, are applicable to them. Given the reference to Vietnamese nationals in section 5 of the TUA, the Committee requests the Government to clarify whether the TUA would also apply to foreign workers.

Types of workers’ and employers’ organizations covered by the legislation. The Committee notes that the TUA applies to trade unions at all levels (section 3) but observes that the provisions of the Labour Code giving effect to the rights guaranteed by the Convention mainly refer to workers’ representative organizations at the grassroots level (established at agencies, organizations, units and enterprises (section 171(1))). Observing that the Labour Code does not make reference to protection of workers who are members of higher-level workers’ organizations (at the sectoral or national levels), the Committee requests the Government to provide clarification in this regard and to take the necessary measures to ensure that the rights provided by the Convention are guaranteed to workers’ and employers’ organizations at all levels, as well as their members.

Government regulations. The Committee notes that numerous provisions throughout the Labour Code are drafted in a broad language, leaving extensive powers to the Government to stipulate further details on specific matters, including among others, on the required minimum threshold for collective bargaining (section 68), the functions, duties and operations of the collective bargaining council (section 73(4)), details as to obtaining opinions of workers before concluding a collective agreement (section 76(7)) and the criteria, procedures, conditions and formalities for the appointment and management of labour mediators and arbitrators (sections 184(2) and 185(6)), as well as for the organization and operations of the Labour Arbitration Council and the Labour Arbitration Panel (section 185(6)). Observing from the above that certain matters of the Labour Code which fall within the scope of the Convention are to be determined through Government regulations, the Committee requests the Government to indicate whether it has already provided guidance on the above matters, and if so, to clarify in what form, as well as the legal value of such guidance, and to provide relevant copies.

Article 1 of the Convention. Adequate protection against acts of anti-union discrimination. The Committee notes the Government’s indication that the TUA and the Labour Code prohibit acts of discrimination by reason of forming, joining and undertaking activities of trade unions or workers’ organizations at the enterprise level, including at the stage of recruitment and extension of employment contract, during employment (discipline, transfer, working conditions) and in relation to termination of employment (section 9(2) of the TUA and sections 3(8), 5, 8(1) and 175(1) of the Labour Code). The Committee further observes that additional protection against anti-union discrimination is provided to officials of workers’ representative organizations at the grassroots level (section 25 of the TUA and section 177(3)–(4) of the Labour Code). Welcoming the above provisions prohibiting various forms of anti-union discrimination but observing that the language used in the Labour Code mainly refers to workers’ representative organizations at the grassroots level, the Committee requests the Government to clarify whether the protection against anti-union discrimination provided by the above provisions of the Labour Code also applies to members of higher-level organizations (at the sectoral and national levels).

Article 2. Adequate protection against acts of interference. The Committee notes the Government’s indication that: (i) section 9(1) of the TUA prohibits the hindrance and causing of difficulties in the implementation of trade union rights and section 9(3) proscribes the application of economic measures or other measures causing disadvantages to trade union organization and operation; (ii) section 175(1)(d) of the Labour Code prohibits the employer to impede or obstruct employment in order to undermine the activities of workers’ representative organizations at the grassroots level; (iii) section 175(2) proscribes interference in or manipulating of the processes for the establishment, elections and development of work plans or implementation of the activities of workers’ representative organizations at the grassroots level, including using financial support or other economic measures to neutralize or undermine the representative function of workers’ representative organizations at the grassroots level or discriminating among them; and (iv) section 177(1) stipulates an obligation on the employer to refrain from creating obstructions or difficulties when workers conduct lawful activities to establish, join and participate in the activities of workers’ representative organizations at the grassroots level. Welcoming the above provisions prohibiting various forms of interference, the Committee requests the Government to clarify whether they apply to higher-level trade unions.

Equal access to the guarantees of the Convention. The Committee observes that the TUA, in a number of its provisions, places trade unions under the direction or authority of higher-level trade unions, other organizations or political parties and that section 172(3) of the Labour Code specifies that, where a workers’ organization at an enterprise joins the Viet Nam Trade Union, the provisions of the TUA will apply to it. Observing that there are currently two different but partially overlapping laws giving effect to the provisions of the Convention, the Committee recalls the importance of ensuring that all workers’ organizations are given the same access to the guarantees of the Convention in order to be ensured effective protection for carrying out their activities on an equal footing. It also wishes to emphasize that it is essential for workers’ and employers’ organizations to maintain their independence from public authorities and political parties, and to be able to freely choose to affiliate with higher-level organizations, so that they can defend the interests of their members effectively. In line with the above, the Committee trusts that the Government will endeavour to ensure that all workers’ organizations, whether governed by the TUA or the Labour Code, have equal access to the guarantees of the Convention and to ensure the independence of workers’ and employers’ organizations at all levels in the exercise of their rights under the Convention.

Articles 1, 2 and 3. Effective and sufficiently dissuasive sanctions and remedies for acts of anti-union discrimination and interference. The Committee notes that: (i) section 30(1)-(2) of the TUA stipulates that the authority, order and procedures to settle disputes on trade union rights shall comply with the law on the settlement of labour disputes and other relevant laws; (ii) disputes relating to anti-union discrimination against workers or members of leadership committees of workers’ representative organizations, as well as those relating to intervention or manipulation of a workers’ representative organization are considered as collective rights-based disputes, which can be solved through mediation, arbitration or judicial proceedings (section 179(2) of the Labour Code); (iii) agencies, organizations, enterprises or individuals who violate provisions of the law or other provisions relating to trade union rights shall, depending on the nature and the extent of the violation, be sanctioned through a disciplinary measure, administrative sanction or prosecution for criminal liability, and must compensate for damages, if any (section 31(1) of the TUA and section 217(1) of the Labour Code); and (iv) it is upon the Government to detail sanctions for violations of the law (section 31(2) of the TUA). The Committee further notes the Government’s indication that administrative penalties for labour violations are stipulated in Decree No. 28/2020/ND-CP and observes that the fines imposable on employers for acts of anti-union discrimination and interference in trade union affairs range from Vietnamese Dong (VND) 3,000,000 to 20,000,000 (equals to US$133 to 883) (sections 11(2)(a), 34(2), 35 and 36 of the Decree). The Committee also notes the Government’s statement that the amount of the above fines concerns individuals responsible for the violations and that the amount of monetary penalty imposed on entities is two times higher (section 5(1) of the Decree). While taking due note of the above, the Committee recalls that the effectiveness of legal provisions prohibiting acts of anti-union discrimination depends not only on the effectiveness of the remedies envisaged, but also on the sanctions provided for, which should be effective and sufficiently dissuasive. Observing that the level of fines set out in the above provisions may not be sufficiently dissuasive, especially in large enterprises, the Committee requests the Government to consider raising the level of fines, in consultation with the social partners, so as to achieve their sufficiently dissuasive character.

The Committee further notes with interest that: (i) in addition to the prescribed pecuniary sanctions, section 4 of Decree No. 28/2020/ND-CP also provides for other mitigation measures and remedies to address labour violations, including reinstatement and payment of full wages and salaries, extension of labour contracts with part-time trade union officers and ensuring equal rights and benefits to trade union officers as to other workers at the organization; and (ii) section 41(1) of the Labour Code provides for an obligation on the employer who unlawfully terminates an employment contract to reinstate the worker in his or her original position and to pay full wages and benefits, as well as additional monetary compensation equivalent to at least two months’ wages.

Taking due note of the available procedures, sanctions and remedies provided by the legislation to address allegations of anti-union discrimination and interference, the Committee requests the Government to provide information on the practical application of these provisions, in particular to indicate the number of instances of alleged acts of anti-union discrimination and interference filed to the competent authorities (mediation, arbitration and judicial proceedings), as well as the average duration of the procedures and the type of sanctions and remedies applied as a result thereof.

The Committee further notes that the timeframe for individual and collective labour disputes to be completed through mediation is five working days (sections 188(2), 192(1) and 196(1) of the Labour Code) which may prove to be insufficient, taking into account the different elements of the mediation process, such as the provision of documents and evidence, verification and the invitation of witnesses or other relevant individuals (section 183). The Committee invites the Government to consider slightly extending the period for the resolution of individual and collective labour dispute through mediation, while at the same time ensuring efficient and responsive mediation services.

Article 4. Promotion of collective bargaining. The Committee notes with interest that one aspect of state policies on labour is to encourage agreements that provide conditions for workers that are more favourable than those provided in labour law (section 4(1) of the Labour Code), as well as to encourage workers and employers to engage in dialogue and collective bargaining and to develop progressive, harmonious and stable labour relations (section 4(6) of the Labour Code). It further observes that employers have an obligation to establish a mechanism for and engage in dialogue and discussion with workers and workers’ representative organizations (section 6(2)(b) of the Labour Code), that labour relations are established and developed through dialogue, negotiation and agreement based on the principles of voluntariness, good faith, equality, cooperation, and respect for mutual lawful and legitimate rights and interests (section 7(1)) and that sections 65-89 of the Labour Code regulate the collective bargaining process. While further noting that section 15(2) of Decree No. 28/2020/ND-CP provides for sanctions on employers who fail to carry out collective bargaining to conclude, amend or supplement collective labour agreements upon receipt of the request from the demanding party, as well as fines for other violations relating to collective bargaining, the Committee observes that the envisaged fines range from VND3,000,000 to 5,000,000 (equals to US$132 to 221) which may not be sufficiently dissuasive to prevent violations of the above provisions. The Committee requests the Government to provide information on the practical application of the above provisions stipulating fines for violations of employers’ obligations relating to collective bargaining.

Collective bargaining levels. The Committee notes that section 75 of the Labour Code stipulates that collective bargaining agreements include collective bargaining agreements at the enterprise level, sectoral level, multi-enterprise collective bargaining agreements and other types of collective bargaining agreements but observes that no explicit reference is made in the labour legislation to collective bargaining at the national level. Recalling the need to ensure that collective bargaining may take place at all levels, including at the national level, the Committee requests the Government to clarify whether such collective bargaining is permitted.

Collective bargaining at the level of the enterprise. Minimum threshold of representativity. The Committee notes that pursuant to section 68 of the Labour Code, collective bargaining at the level of the enterprise is granted to: (i) the workers’ representative organization at the grassroots level that meets the required minimum membership to bargain collectively; (ii) if there are several workers’ representative organizations that meet this threshold, collective bargaining can be initiated by the organization with the largest membership at the enterprise and other organizations can participate with its consent; and (iii) if none of the workers’ representative organizations meet the threshold, they can voluntarily join together to reach the minimum requirement. The Committee observes that the Labour Code does not elaborate on the required threshold but provides for the Government to stipulate the minimum membership requirement to be able to bargain collectively. The Committee recalls in this regard that the representativity threshold must be assessed on the basis of the specific characteristics of the industrial relations system and emphasizes that the imposition of a high percentage requirement for the recognition of a collective bargaining agent, may impair the promotion and development of free and voluntary collective bargaining within the meaning of the Convention. The Committee also recalls that if no union represents the required percentage of workers to be declared the exclusive bargaining agent, collective bargaining rights should be granted to all the unions in the unit, at least on behalf of their own members. In these circumstances, the Committee requests the Government to indicate the minimum membership threshold established to allow workers’ organizations to participate in collective bargaining at the enterprise level and trusts that its determination was done in line with the above.

Sectoral bargaining. Minimum threshold of representativity. The Committee requests the Government to indicate whether any minimum requirements apply to workers’ organizations to be able to participate in collective bargaining at the sectoral level.

Adoption of collective agreements. Requirement to obtain opinions from workers. The Committee notes that prior to signing an enterprise-level collective bargaining agreement, opinions must be obtained from all workers in the enterprise on the draft text negotiated by the parties and the agreement shall only be signed when more than 50 per cent of the workers in the enterprise vote in favour (section 76(1) of the Labour Code). Similar conditions are in place for sectoral collective agreements and multi-enterprise collective agreements (opinions must be obtained, depending on the type of agreement, from all members of the leadership committees of workers’ representative organizations in the enterprises that participated in the negotiations or from all employees at the enterprises participating in the negotiations, and the agreement can be signed if it receives support from 50 per cent of those whose opinions are obtained – section 76(2)), as well as in situations where the parties want to extend the duration of a collective agreement (section 83). The Committee requests the Government to provide information on the practical application of these provisions, in particular, to indicate the number of collective agreements approved and signed, as well as the overall support and votes obtained, especially in large enterprises and at the sectoral level.

Sectoral and multi-enterprise bargaining. Collective Bargaining Council. Powers of the Provincial People’s Committee. The Committee notes that in case of sectoral or multi-enterprise collective bargaining, the parties may agree to conduct negotiations through a collective bargaining council, composed of representatives from each party, a chairperson and representatives of the Provincial People’s Committee (section 73 of the Labour Code), which is the administrative entity at the provincial level. The Committee notes that the Provincial People’s Committee has the following powers: to reject a request to establish a collective bargaining council (section 6(3) of Circular No. 10/2020/TT-BLDTBXH, 2020; this is also the prerogative of the Department of Labour, Invalids and Social Affairs); to decide on any request to change the chairperson, functions, tasks and performance duration of the council (section 6(5) of the Circular); to support and provide information deemed necessary for the parties to carry out negotiations (section 9(4) of the Circular); and to assist in the process of collective bargaining, either upon the request of both parties or proactively with the agreement of the parties (section 74 of the Labour Code). The Committee recalls in this regard that under the terms of Article 4 of the Convention, collective bargaining must be free and voluntary and respect the principle of the autonomy of the parties and that while it is permissible for public authorities to promote and support collective bargaining, they should not intervene in the conclusions of collective agreements, as this may infringe the principle of the autonomy of the parties. In view of the above, the Committee requests the Government to indicate on what grounds a request to create a collective bargaining council can be rejected by the Department of Labour and the Provincial People’s Committee and to take the necessary measures to ensure that any assistance or participation of State authorities in collective bargaining of sectoral or multi-enterprise collective agreements does not infringe the principle of the autonomy of the parties.

Procedures for the settlement of collective labour disputes. The Committee notes that: (i) the Labour Code contains provisions on mediation, arbitration and judicial resolution of individual and collective labour disputes (sections 179-197) and clarifies that the resolution of labour disputes shall be carried out upon the request of the disputing parties, or upon the request of the competent agencies, with the agreement of the disputing parties (section 180(5)); (ii) the specialized labour agency of the People’s Provincial Committee (local State authority) is the focal point to receive requests for resolving labour disputes (section 181(3) of the Labour Code); (iii) interest-based collective labour disputes, including labour disputes that arise during the collective bargaining process, must be addressed through mediation by a labour mediator prior to requesting resolution by the Labour Arbitration Council or going on strike (section 195(2) of the Labour Code); and (iv) labour mediators as well as the Chairperson, the Secretary and other members of the Labour Arbitration Council are appointed by the Chairperson of the Provincial People’s Committee (sections 184(1) and 185(1)), upon nomination of an equal number of persons by the specialized labour agency of the Provincial People’s Committee, the provincial trade union and the employers’ representative organization (section 185(2)). Taking due note of the above, the Committee recalls that the bodies entrusted with resolving disputes should be independent and enjoy the confidence of the parties and that problems would arise in the case of compulsory arbitration which the authorities may impose in an interest dispute at the request of one party, or at their own initiative (see the 2012 General Survey on the fundamental Conventions, paragraphs 243 and 246). Considering that the Labour Code does not refer to requirements for ensuring the independence of the Labour Arbitration Council from the State authorities and that one third of its members are nominated by the provincial State authority, the Committee requests the Government to indicate whether any measures were taken or are envisaged to ensure that the Labour Arbitration Council is fully independent from the Government, and if not, to take the necessary measures to this effect. The Committee further requests the Government to indicate whether, as an exception to the general rule of voluntary recourse to arbitration, there are any instances of compulsory arbitration in interest disputes, that is, arbitration imposed at the request of one party or at the initiative of the competent authority with compulsory effect on the parties. The Committee also requests the Government to provide details as to the nature of the awards, orders or remedies that may be issued by an arbitration panel.

Workers’ and employers’ organizations cited in the labour legislation. The Committee observes that a number of provisions of the TUA, the Labour Code and Decree No. 145/2020/ND-CP provide specific rights, including the right to participate in national tripartite bodies, to enumerated workers’ and employers’ organizations – the Vietnam General Confederation of Labour, the Vietnam Cooperative Alliance and the Vietnam Chamber of Commerce and Industry. The Committee recalls in this regard that systems which cite by name in the legislation the organizations which have preferential rights in terms of participation in dialogue bodies, rather than referring to the most representative workers’ and employers’ organizations, may give rise to risks of partiality or abuse and are not compatible with the Convention. The Committee therefore requests the Government to take the necessary measures to review the labour legislation in order to ensure that, when granting rights and obligations to workers’ and employers’ organizations, the legislation does not cite specific organizations but rather uses a more general language, for example based on the level of representativity of the organizations concerned.

Collective bargaining in practice. The Committee welcomes the Government’s indication that: (i) between 2018 and 2020, 6,113 new collective bargaining agreements were signed at the enterprise level (4.6 times higher than the period 2013–18); (ii) by the end of 2020, there were 25,020 collective bargaining agreements newly signed or amended, bringing the total number of signed collective bargaining agreements at the enterprise level to 34,989, covering 68.31 per cent of enterprises with established grassroots trade unions; and (iii) between 2018 and 2020, 11 multi-enterprise collective bargaining agreements were signed in 8 localities in the field of tourism, electronics, textile, wood processing and preschool, covering 112 enterprises and business units and 53,750 workers. It also notes the Government’s initiative to encourage collective bargaining, as stated in Resolution No. 02-NQ/TW, which aims at reaching collective bargaining coverage of 70 per cent of enterprises with trade unions by 2023, 80 per cent by 2025, 85 per cent by 2030 and 99 per cent by 2045. The Committee requests the Government to continue to provide information on the number of collective agreements concluded and in force, the sectors concerned, the number of workers covered and the scope of these agreements, as well as on any measures undertaken to promote the full development and utilization of collective bargaining under the Convention.

Promotion of the Convention. The Committee welcomes the Government’s indication on the measures taken by the Ministry of Labour, Invalids and Social Affairs and the provincial departments of labour to promote the application of the Convention and disseminate relevant information to workers, employers and relevant agencies and organizations, including on discrimination, manipulative intervention and collective bargaining, such as the development of guiding manuals and communication materials, the conduct of training and communication activities, inspections on the implementation of the Convention, registration of collective agreements and the development of cooperation programmes with national social partners. The Government adds that it will continue to focus on further promoting a number of specific activities in relation to the application of the Convention.

The Committee further notes the Government’s indication that the outbreak of the COVID-19 pandemic has had an impact on the implementation of the Convention, with the Government issuing policies to support workers and businesses, and that despite difficulties, dialogue was maintained and promoted in enterprises. According to the Government, dialogue helps workers and employers to exchange their perspectives, consult with each other and agree on issues of industrial relations, especially in the context of the pandemic, thereby contributing to maintaining stable industrial relations and minimizing negative impacts of the pandemic on employment and on workers’ lives. Emphasizing the importance of social dialogue in crisis situations, including during the COVID-19 pandemic, the Committee trusts that the Government will continue to promote co-operation and dialogue among the social partners, as an effective means to maintaining harmonious labour relations and to facilitating the application of the rights enshrined in the Convention.

Articles 1 and 2 of the Convention. Legislative developments. Definition of remuneration and work of equal value. The Committee previously requested the Government to indicate whether payment in kind would be covered by section 90(3) of the new Labour Code (Law No. 10/2012/QH13 of 2012) and to provide information on its implementation and enforcement. The Committee notes the adoption of the new Labour Code of 2019 (Law No. 45/2019/QH14) that entered into force on 1 January 2021. The Committee notes that section 90(3) of the 2019 Labour Code provides that “[e]mployers must ensure equal pay for work of equal value without discrimination based on sex”. Concerning the definition of wage, section 90(1) maintains the definition of the 2012 Labour Code, that is to say “a monetary amount paid by an employer to a worker under an agreement to perform work, including remuneration that is based on the work or position as well as wage allowances and additional payments”. However, the 2019 Labour Code introduces a change in the definition of bonuses in section 105, which now includes the following: “an amount of money, a piece of property or item that is provided by an employer for his/her employees on the basis of the business performance or the employees’ performance”. The Committee notes the Government’s clarification, in its report, that under the 2019 Labour Code “wage” encompasses also allowances and other additional payments, such as family support, travel support, and incentives, including cash and in-kind allowances. The Committee requests the Government to provide information on the application in practice of section 90(3) of the 2019 Labour Code, including information on any violations addressed by the labour inspectorate or the judiciary, the sanctions imposed and the remedies accorded to the victims. Please also supply information on any awareness-raising activities undertaken about the principle of the Convention and the relevant provisions of the 2019 Labour Act among enforcement officials, the social partners and the public.

Articles 2 and 3. Non-discriminatory determination of wages. In its previous comments, the Committee requested the Government: (1) to indicate measures taken in order to ensure that wage determination by employers in the private sector are free from gender bias; and (2) to provide information on the development and use of any gender neutral job evaluation methods during the process of wage scales determination. The Committee notes that the Government indicates that the determination of wage scales shall comply with section 93 of the 2019 Labour Code as well as Decree No. 145/2020/ND-CP of 14 December 2020, which has replaced Decree No. 49/2013/ND-CP. Section 93(3) of the 2019 Labour Code provides, like the 2012 Labour Code, that in developing wage scales, employers must consult workers’ representative organizations at the grassroots level in places where such organizations exist. The Committee requests the Government to indicate whether any guidance is provided to employers and workers’ representatives on: (i) the criteria to be used in wage scale determination in order to ensure equal remuneration for men and women for work of equal value; and (ii) the methods used in job evaluations. Please also supply information on any complaints brought to the attention of the labour inspectors or filed with the courts or tribunals concerning the determination of wage scales under section 93 of the 2019 Labour Code.

Articles 2(2)(c) and 4. Collective agreements and cooperation with workers’ and employers’ organizations. The Committee recalls that the determination of criteria for job evaluation and their weighting are matters on which cooperation between employers and workers is particularly important, giving collective bargaining an important place in this context (see General Survey on the fundamental Conventions, 2012, paragraph 705). The Committee reiterates its request that the Government provides information on any collective agreements containing provisions that expressly refer to the principle of the Convention, including information on those agreements that provide for objective job evaluation methods.

Enforcement. The Committee notes the information provided by the Government on the training offered to enforcement officials concerning the labour legislation. It notes, among other things, that labour inspectors receive specific guidance on the detection of labour discrimination, including violations of the principle of the Convention. The Government reports that, according to the results of the labour inspections carried out in 2019 and in the first months of 2020, the provisions of the Labour Code prescribing equal remuneration for work of equal value were complied with. The Committee notes the Government’s reference to awareness-raising for employers and workers’ representatives that were undertaken in connection with labour inspections campaigns. The Government considers that these joint interventions have contributed to improving the understanding and the compliance with relevant legal provisions. The Committee requests the Government to continue to provide information on the violations of the principle of equal remuneration for men and women for work of equal value detected by, or brought to the attention of, the labour inspectorate services and those addressed by the judiciary, the sanctions imposed and the remedies provided.

Articles 1–4 of the Convention. Assessing and addressing the gender wage gap. Previously, the Committee requested the Government to indicate how the measures adopted under the National Strategy on Gender Equality (2011–20) have an impact on reducing the persistent gender wage gap and to provide specific information on any measures taken or envisaged to address the underlying causes. The Committee also requested the Government to collect and provide more specific statistical data, disaggregated by sex, on the distribution of men and women in different sectors of economic activity, occupational categories and positions and their corresponding earnings in both the private and public sectors. The Committee notes the information provided by the Government in its report on the measures adopted under the National Strategy on Gender Equality (2011–20), including: the promulgation of legal texts containing provisions on gender equality; the implementation of a ratio of male/female employment which has facilitated a relatively balanced gender distribution in the labour force with 52.7 per cent of men and 47.3 per cent of women, according to data from the 2019 Population and Housing Census; and support for woman-owned enterprises or business start-ups. In this regard, the Committee notes that, based on the information on business registration contained in the National Database of Business Registration, as of October 2019, there were 285,689 enterprises owned by women, accounting for 24 per cent of the total number of enterprises in the country. The highest number of enterprises owned by women is found in the field of trade and services (75 per cent), followed by construction (12 per cent), industry (7 per cent) and agriculture/forestry/fisheries (7 per cent). The Government also refers to the measures adopted to promote greater access of women to vocational training, including the scheme on “Support for women in vocational training and employment”, which includes the provision of tuition fees and loans to promote self-employment. The Government further reports that in the period 2011–20, women accounted for 52 per cent of customer loans and for 54 per cent of total lending by the Bank for Social Policies.

Concerning the gender wage gap, the Committee notes the Government’s indication that the gap has tended to widen. In 2019, the average monthly salary of male salaried workers was VND 6,183 million/month, compared to VND 5,446 million/month for women. The Government indicates that the gender wage gap is related to the average number of working hours of men and women. According to the 2018 Labour and Employment Survey report of the General Statistics Office, about 42.7 per cent of workers work 40–48 hours/week and the proportion of men working more than 48 hours/week is higher (38.4 per cent) than women (31.8 per cent). The Government also indicates that in almost all sectors of the economy the average monthly salary of women is lower than that of men. However, in various occupations with a high proportion of women who have technical qualifications similar to men, notably office assistance and sales, there is almost no gender wage gap. Noting the above information, the Committee invites the Government to step up its efforts to address the underlying causes of the persistent gender wage gap, including measures aimed at promoting women’s access to a greater range of training opportunities and jobs and to higher level positions, as well as measures to encourage men and women to share career and family responsibilities more equally. The Committee also requests the Government to provide statistical information, disaggregated by sex, on the distribution of men and women in different sectors of economic activity, occupational categories and positions, and their corresponding earnings in both the private and public sectors.

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

Article 1(1) of the Convention. Grounds of discrimination. Legislative developments. The Committee notes the adoption of the new Labour Code of 2019 (Law No. 45/2019/QH14) that entered into force on 1 January 2021. It welcomes section 3(8) of the 2019 Labour Code which extends further the list of prohibited grounds of discrimination that were included in the 2012 Labour Code by adding five additional grounds, namely “national origin”, “age”, “pregnancy status”, “politics”, and “family responsibilities”. It notes with interest that the ground of “social class” has been replaced by “social origin”, to bring the text in line with the Convention. The Committee asks the Government to confirm its understanding that the grounds of “politics” and “national origin” correspond to the grounds of “political opinion” and “national extraction” laid down in the Convention. It also asks the Government to provide information on the application in practice of section 8(1) of the Labour Code, including information on any violation detected by the labour inspectors or addressed by courts, the sanctions imposed and the remedies granted. The Committee also asks the Government to provide information on any awareness-raising activities about these provisions undertaken for workers, employers and their respective organizations, as well as public enforcement officials.

Article 1(1)(a). Discrimination based on religion. The Committee notes that, in its report, the Government provides information on the adoption of the Law on Belief and Religion of 2016 that has replaced Ordinance No. 21/2004/PL-UBTVQH11. The Committee notes that section 5 of the Law prohibits, among other things, discrimination and stigmatization of people for their beliefs or religion. The Government states that at present 43 organizations belonging to 16 religions have been recognized by the State and have been granted registration to carry out their religious activities. The Committee notes that the United Nations Human Rights Committee (CCPR) expressed the following concerns: (1) that the Law on Belief and Religion unduly restricts the freedom of religion and belief, such as through the mandatory registration and recognition process for religious organizations and restrictions on religious activities based on vague and broadly interpreted legal provisions related to national security and social unity; and (2) that members of religious communities and their leaders, predominantly unregistered or unrecognized religious groups, ethnic minorities or indigenous peoples, face various forms of surveillance, harassment, intimidation, and property seizure or destruction, and are forced to renounce their faith, pressured to join a competing sect, and subject to physical assaults, which sometimes leads to death (CCPR/C/VNM/CO/3, 29 August 2019, paragraph 43). In light of the above, the Committee asks the Government to provide information on the implementation of the Law on Belief and Religion of 2016, in particular on any cases dealt with by the labour inspectorates or the courts regarding religious discrimination alleged by individuals with unrecognized religious beliefs, as well as their outcome.

Discrimination based on sex. Sexual harassment. In reply to its previous request on the application of the 2012 Labour Code provisions on sexual harassment, the Committee welcomes the fact that the 2019 Labour Code includes a definition of sexual harassment, which did not appear in the previous Code, and that: (1) according to section 3(9) of the Code, “sexual harassment at a workplace is any behaviour of a sexual nature by any person towards another person at a workplace that is not wanted or accepted by the latter person”; (2) section 3(9) clarifies that a workplace is any place where a worker undertakes work as agreed with or assigned by the employer; (3) section 6(2)(d) provides that employers shall develop and implement solutions to prevent sexual harassment at the workplace; (4) section 5(1)(a) recognizes workers’ right to be free from sexual harassment at the workplace; (5) section 118 establishes that employers must issue internal work regulations which shall include “prevention and control of sexual harassment at the workplace” and “Steps and procedures for handling sexual harassment at the workplace”; (6) section 125 provides that dismissal, as a disciplinary measure, may be applied by an employer in the case of a worker who commits sexual harassment at the workplace as defined in the internal work regulations; and (7) section 135 provides that the State shall implement measures to prevent sexual harassment at the workplace.

The Committee notes with interest that section 84 of Decree No. 145/2020/ND-CP of 2020, which supplements the Labour Code, further clarifying the definition provided in the Labour Code by indicating that sexual harassment “may occur in the form of a request, demand, suggestion, threat, [or] use of force to have sex in exchange for any work-related interests; or any sexual act that thus creates an insecure and uncomfortable work environment and affects the mental, physical health, performance and life of the harassed person”. The same section specifies that sexual harassment may include: actions, gestures, or physical contact with the body of a sexual or suggestive nature; sexual or suggestive comments or conversations in person, by phone or through electronic media; body language; and display, description of sex or sexual activities whether directly or through electronic media. Furthermore, section 84 of the Decree specifies that “workplace” under section 3(9) of the 2019 Labour Code means “any location where the employee works in reality as agreed or assigned by the employer, including the work-related locations or spaces such as social activities, conferences, training sessions, business trips, meals, phone conversations, communications through electronic media, shuttles provided by the employer and other locations specified by the employer”.

Concerning the application of the Code of Conduct on Sexual Harassment in the Workplace of 2015, the Committee notes the information provided by the Government concerning awareness-raising and capacity-building activities for labour inspectors. The Government observes that despite the increased awareness among different actors about the phenomenon and the applicable rules, few cases of sexual harassment at work are detected and addressed. According to the Government, this is partially due to the lack of understanding or the hesitation of the victims. However, in the Government’s view the main reason for the few cases detected and handled resides in the lack of specific and clear regulations on sexual harassment in the workplace and effective complaints procedures within enterprises, agencies and organizations. In order to address this weakness, the Decree No. 145/2020/ND-CP of 2020 provides guidance on the application of the relevant provisions of the 2019 Labour Code and the Ministry of Labour, Invalids and Social Affairs is planning to revise the 2015 Code of Conduct on Sexual Harassment in the Workplace. Welcoming all these developments, the Committee asks the Government to provide information on the application of the relevant provisions of the Labour Code and the Decree No. 145/2020/ND-CP, including examples of measures adopted to prevent sexual harassment pursuant to section 135 of the Labour Code and examples of internal regulations setting out measures and procedures to prevent and address cases of sexual harassment at work. The Committee also asks the Government to provide information on any cases of sexual harassment addressed by the labour inspectors and the judiciary, as well as disciplinary measures, including dismissal, applied by employers pursuant to the 2019 Labour Code. The Committee also requests the Government to provide information on the revision of the 2015 Code of Conduct on Sexual Harassment in the Workplace and its outcome.

Article 5. Restrictions on women’s employment. In its previous observation, the Committee requested the Government to provide information on the application of section 160 of the Labour Code of 2012, which prohibits the employment of female workers on work that is harmful to parenting functions, including a list of occupations prohibited under section 160(2) and (3), in addition to the occupations designated in Circular No. 26/2013/TT BLDTBXH of 2013. The Committee also requested the Government to take measures to ensure that future revisions of the above Circular limit its restrictions to women who are pregnant or breastfeeding. The Committee notes with interest that, with the adoption of the 2019 Labour Code, the norms that established a ban on women’s employment in those cases considered harmful to parenting functions have been removed. In this respect, the Committee notes that section 142(1) of the 2019 Labour Code, concerning “occupations and work adversely affecting reproductive and child-nursing functions” provides that the Ministry of Labour, Invalids and Social Affairs shall issue a list of the occupations and works falling under this heading. Section 142(2) provides that the employer has a duty to provide adequate information to all workers about the dangers, risks and requirements of jobs, and to ensure statutory occupational safety and health for workers when requesting them to perform any work included in the list issued by the Ministry of Labour, Invalids and Social Affairs. At the same time, the Government indicates that the new Labour Code places an emphasis on women’s “choice” by establishing, for example, at section 137(2) that “a female worker who performs heavy, hazardous or harmful work or extremely heavy, hazardous or harmful work, or work that adversely affects reproductive and child-rearing functions, when pregnant and having informed the employer, is entitled to be transferred to lighter and safer work by the employer or to have her daily working time reduced by one hour without any reduction in her wages, rights and interests during the period while she is caring for a child less than 12 months old”. Likewise, section 137(1) leaves to the woman the choice to perform night work or overtime work or to go on long-distance work trips. Welcoming these changes, the Committee asks the Government to provide information on the application in practice of both sections 137 and 142 of the 2019 Labour Code, and in particular, regarding: (i) whether the reduction of daily working time provided for in section 137(2) applies to pregnant women; and (ii) whether any awareness-raising activities have been foreseen or undertaken for workers and employers, and their respective organizations, as well as public enforcement officials, regarding these two provisions. The Committee also asks the Government to provide a copy of the list of occupations and work adversely affecting reproductive and child-nursing functions issued by the Ministry of Labour, Invalids and Social Affairs under section 142(1) of the 2019 Labour Code.

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

Article 1 of the Convention. Discrimination based on colour and national extraction. Previously, the Committee requested the Government to provide information on the application of Decree No. 95/2013/ND-CP of 2013 – which establishes administrative penalties for violations on the grounds of discrimination as defined in section 8(1) of the Labour Code – with regard to acts of discrimination on the basis of colour, as well as any other measures taken to ensure equality of opportunity and treatment irrespective of colour. The Committee also requested the Government to provide information on any practical measures taken to ensure the full application of the Convention in relation to equality of opportunity and treatment irrespective of political opinion and national extraction. The Committee notes the Government’s reference to section 7(2) of Decree No. 28/2020/ND-CP of 1 March 2020 which establishes penalties for discrimination based on gender, age, ethnicity, colour, social background, marital status, creed, religion, HIV infection, disability. Concerning discrimination based on political opinion, the Government reports the introduction of “politics” as a prohibited ground of discrimination under section 3(8) of the 2019 Labour Code. In this regard as well as with reference to the ground of national extraction, the Committee refers to its comments above. The Committee asks the government to provide information on any penalties imposed pursuant to section 7(2) of Decree No. 28/2020/ND-CP for cases of discrimination in employment and occupation based on the grounds of colour and ethnicity. It also reiterates it request for information on any steps taken to ensure equality of opportunity and treatment irrespective of colour.

General observation of 2018. With regard to the above issues, and in more general terms, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government's attention to its general observation of 2018 and asks the Government to provide information in response to the questions raised in that observation.

Articles 2 and 3. Equality of opportunity and treatment between women and men. The Committee recalls its previous requests to the Government: (1) to provide more information on measures taken or envisaged to provide women with equal access to higher compensated occupations and professions in the formal sector; (2) to provide specific information on progress made and outcomes achieved through the “Supporting women in vocational training and employment placement” project and the National Target Programme of Poverty Reduction and the National Target Programme of Employment; and (3) to supply information regarding the application of sections 13 and 14 of the Law on Gender Equality, providing for equal treatment between men and women in employment, training and education. The Committee notes the information provided by the Government on a number of measures adopted in favour of women, such as financial support to women’s participation in training programmes covering tuition fees, training costs and travel expenses; provision of distance learning opportunities; and support to job creation. The Government also states that according to the 2019 Population and Housing Census the literacy rate of the population aged 15 and over is 94.6 per cent for women and 97 per cent for men. As regards primary and secondary education level, girls account for 47-48 per cent of the students, and their participation in higher education has increased over the last ten years, from 49.26 per cent to 53.54 per cent. According to the same Census, 20.5 per cent of the female population aged 15 years and older participating in the labour force have professional and technical training of primary level or higher, compared to 25.5 per cent of men. The Committee also notes from the Government’s report on the national-level review of the implementation of the Beijing Declaration and Platform for Action, 1995 (Beijing +25 national report) that gender stereotypes around women's roles and capacities for work, career development and leadership, remain barriers for women to find good jobs and earn higher incomes. According to the Government, the rapid changes in the workplace due to information technology and artificial intelligence, are also raising issues around professional and technical qualifications that affect women. Moreover, women continue to be concentrated in the informal economy, where access to social protection, training opportunities and financial resources are limited. Noting this information, the Committee asks the Government to provide information on the measures taken to tackle the obstacles faced by women in accessing jobs in the formal economy, whether in urban or rural areas, including measures aimed at overcoming gender stereotypes, improving the reconciliation of family and work responsibilities and a fairer distribution of them between men and women, and promoting women’s participation in education and training covering matters like science, technology, engineering and mathematics. In addition, the Committee reiterates its request for information on any violations of sections 13 and 14 of the Law on Gender Equality detected by, or brought to the attention of, the labour inspection services, the sanctions imposed and the remedies provided.

Equality of opportunity and treatment of ethnic minority groups. Previously, the Committee requested the Government: (1) to provide information regarding measures taken to ensure that section 12(2) of the Labour Code of 2012 (stipulating that the State shall assist employers who employ a large number of people from ethnic minorities), is implemented so that the most disadvantaged minority groups benefit equally from this legislative scheme; (2) to provide information on measures taken to ensure that Programmes 134, 135, 143 and other programmes targeting minority groups regarding employment and occupation are implemented so that the most disadvantaged ethnic minority groups are ensured equality of opportunity and treatment in employment and occupation; and (3) to take measures to ensure that the above initiatives are sufficiently monitored, and provide detailed statistics of their impacts. The Committee notes the Government’s reference to a number of programmes on vocational education and employment that target, among other groups, ethnic minorities, including the measures envisaged under the National Employment Fund to create jobs and various initiatives aimed at job placing and career orientation. The Government also informs that “measures are underway to ensure that Programmes 134, 135 and 143 and others in employment and occupation targeting ethnic minorities are implemented to guarantee the most difficult ethnic minority groups equal opportunity and treatment in employment and occupation”. The Committee further notes that the United Nations Human Rights Committee (HRC) expressed concern about the fact the persons belonging to ethnic or religious minorities and indigenous peoples suffer from discrimination, including with regard to education, employment and other public services. It also remained concerned that these communities “are not sufficiently consulted in decision-making processes with respect to issues affecting their rights, such as the seizure and allocation of land, including traditional and ancestral lands, for development projects, or offered appropriate remedies”. The HRC noted that such development projects have a negative impact on the communities’ culture, lifestyle, use of land and resources, and livelihoods, resulting in the exacerbation of socioeconomic inequalities (CCPR/C/VNM/CO/3, 29 August 2019, paragraph 55). In this regard, the Committee wishes to recall the importance of consulting with the social partners and interested groups on the design, monitoring, implementation and evaluation of the measures and plans adopted with a view to ensuring their relevance, raising awareness about their existence, promoting their wider acceptance and ownership and enhancing their effectiveness. In light of all the above, the Committee asks the Government to continue to provide information on the measures adopted to promote equality of opportunity and treatment in respect of employment and occupation for members of ethnic minorities. It also encourages the Government to undertake an evaluation of the results achieved in consultation with the groups concerned and to jointly identify challenges to their enjoyment of equality of opportunity and treatment in employment and occupation, including traditional occupations, and the corrective measures needed, and asks that it provide information in this respect.

Equality of opportunity and treatment of persons with disabilities. In its previous comments, the Committee requested the Government to provide information regarding measures taken to implement section 8(1) of the Labour Code of 2012, the 2010 Law on persons with disabilities and the National Action Plan to Support People with Disabilities 2012–20 to ensure equality of opportunity and treatment in employment and occupation. The Committee also requested the Government to provide relevant statistical data disaggregated by sex, ethnic group and disability status. The Committee notes the Government’s indication that a Committee on People with Disabilities has been established. The Government also reports on some achievements in the promotion of equality of opportunity and treatment of persons with disabilities. The Committee notes in particular that 30 per cent of persons with disabilities in their working age have a job, mostly in agriculture. However, the Government states that less than 10 per cent of them have received vocational training and there is thus a need to fill this gap. In this respect, from 2017 to 2020, 7,167 projects targeting persons with disabilities were funded under the National Target Program on Employment and Vocational Training. Moreover, in 2019, the Vocational College of the Central Association of Victims of Orange/dioxin Agents organized two vocational training classes for 175 children and grandchildren of the victims. The Government also states that it implements a preferential loan policy for disabled workers that provides preferential loans to small and medium enterprises, cooperatives, cooperative groups and business households employing people with disabilities, including incentives on loan amounts and interest rates. Moreover, every year a part of the national budget is allocated to support people with disabilities in restoring their health and working ability and in participating in vocational training, with over 256 vocational training institutions providing vocational training for people with disabilities. Concerning statistical information, the Committee notes that persons with disabilities represent 7.06 per cent of the population aged two or more, of which 58 per cent are women. Nearly 29 per cent of all persons with disabilities are affected by severe forms of disability. The Committee asks the Government to continue to provide information on the measures adopted to promote equality of opportunity and treatment in employment and occupation of persons with disabilities, in rural and urban areas, the results achieved and the main barriers encountered by persons with disabilities in accessing employment or occupation without discrimination, including any measures adopted to improve access to education and to extend the offer of vocational training opportunities. Please also indicate which specific measures have been taken by the Committee on People with Disability to promote the application of the principles of the Convention.

Articles 3 and 5. Prohibition of discriminatory recruitment practices based on sex, and special measures. The Committee recalls its previous requests to the Government: (1) to provide information on the implementation and enforcement of sections 8(1), 153 and 154 of the Labour Code of 2012 – which prohibit discrimination based on gender and require the Government and employers to create employment opportunities for women employees and to promote gender equality in recruitment; and (2) to provide detailed statistical information on the application of sections 18 and 25(2) of Decree No. 95/2013/ND-CP of 2013, which respectively establish a fine of between 5,000,000 and 10,000,000 Vietnamese Dong (VND) for acts of discrimination against, inter alia, gender and marital status, and specify sanctions for the violation of provisions regarding women workers, and any administrative or judicial complaints submitted to the relevant authorities in this respect. The Committee notes with interest that the 2019 Labour Code has expanded Chapter X of the previous Code, changing it from “specific provisions for female workers” to “specific provisions for female workers and ensuring gender equality”, which points, as explained by the Government, to a change in approach from ‘protecting women’ to ensuring gender equality. The Committee notes in particular that section 136 of the 2019 Labour Code lists the following duties of employers: “(1) to ensure gender equality and measures to promote gender equality in recruitment, work arrangements, training, working hours, rest periods, wages and other policies; (2) to consult with female workers or their representatives when making decisions that affect the rights and interests of women; (3) to provide sufficient and appropriate bathrooms and toilets at the workplace; and (4) to assist with and support the building of day care facilities and kindergartens, or to contribute part of the childcare expenses incurred by workers”. The Committee also notes that the 2019 Labour Code aims to reduce the existing differences in retirement age between men and women. Section 169 thus provides that the retirement age for workers in normal working conditions shall be adjusted according to a roadmap of increments until reaching 62 years of age for male workers by 2028 and 60 years of age for female workers by 2035. The Committee asks the Government to provide information on the application in practice of section 136 of the 2019 Labour Code, including examples of measures adopted by the employers and any difficulties encountered. Please also provide information on the roadmap provided for under section 169 of the Labour Code and continue to provide information on the measures taken to raise awareness of the new provisions of the Labour Code concerning gender equality among workers, employers and their respective organizations, as well as public enforcement officials.

Article 4. Measures affecting individuals who are justifiably suspected of, or engaged in, activities prejudicial to the security of the state. The Committee takes note of the Government’s indication that the bans of persons from certain positions apply to periods ranging from one to five years and are consistent with Article 4 of the Convention. The Committee again asks the Government to provide information related to: (i) the rulings banning persons from holding certain posts, practising certain occupations or doing certain jobs; (ii) the offences in connection with which such bans have been imposed; and (iii) the number and nature of the appeals lodged against such bans and their outcomes.

The Committee notes the Government’s second report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). The Committee notes that the amendments to the Code approved by the International Labour Conference in 2016 and 2018 entered into force for Viet Nam on 8 January 2019 and 26 December 2020, respectively. Based on its second review of the information and documents available, the Committee draws the Government’s attention to the following issues.

Impact of the COVID-19 pandemic. The Committee takes note of the observations of the Inter-national Transport Workers’ Federation (ITF) and of the International Chamber of Shipping (ICS), received by the Office on 1 and 26 October 2020 and on 4 October 2021, alleging that ratifying states have failed to comply with certain provisions of the Convention during the COVID-19 pandemic. Noting with deep concern the impact of the COVID-19 pandemic on the protection of seafarers’ rights as laid out in the Convention, the Committee refers to its general observation of 2020 and to its comments in the general report of 2021 on this issue, and requests the Government to provide information in its next report on any temporary measures adopted in this regard, their duration and their impact on seafarers’ rights.

Article II, paragraphs 1(f) and (i), 3 and 5, of the Convention. Scope of application. Seafarer. In its previous comments, the Committee requested the Government to clarify the meaning of “seafarer” in accordance with national law, taking into account the provisions of Article II, paragraph 1(f) of the Convention. In its reply, the Government refers, as previously, to Decree No.121/2014/ND-CP dated December 24, 2014 on the implementation of a number of articles of the MLC, 2006 under which, “seafarer” “is a person who is recruited or hired to work on a seagoing vessel to meet the conditions, standards and hold the title in accordance with the law” (paragraph 3(4)). The Committee requests the Government to confirm whether, in application of this definition, any person who is employed, engaged or works in any capacity on board a ship to which the Convention applies, including those performing tasks not related to navigation, benefit from the protection provided by the Convention.

Regulation 1.2 and the Code. Medical certificate. Noting that the Government does not provide information on the provisions which give effect to the requirement of Standard A1.2, paragraph 5 (opportunity for a seafarer that has been refused a certificate or has had a limitation imposed to his/her ability to work on board ship to have a further examination by another independent medical practitioner), the Committee reiterates its previous request.

Regulation 1.3, paragraph 2. Training and qualification for personal safety on board. The Committee requested the Government to indicate the measures taken to give effect to the requirement concerning training and qualification for personal safety on board. In this regard, the Committee notes that Government’s reference to Circular No.03/2020/TT-BGTVT dated February 21, 2020 adopted by the Minister of Transport regulating professional standards, professional certificates, crew training and Minimum Safe Manning of Vietnamese seagoing vessels. The Committee notes that Article 20 refers to the certificate of basic professional training in life-saving techniques, fire prevention and fighting, basic medical first aid, life safety and social responsibility and ship security awareness in accordance with the provisions of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, as amended. While welcoming this information, the Committee requests the Government to indicate the national law or regulations which provide that seafarers shall not be permitted to work on a ship unless they have successfully completed such training, as required by Regulation 1.3, paragraph 2.

Regulation 1.4 and Standard A1.4. Recruitment and placement. In its previous comments, the Committee requested the Government to: (i) specify whether any private seafarer recruitment and placement services already operate in its territory, pursuant to Decree No. 52/2014/ND-CP, and; to (ii) provide information on the system of licensing for agencies dealing with the recruitment and placement of seafarers, as well as on the laws, regulations or other measures providing for the minimum requirements concerning the functioning of private seafarer recruitment and placement services pursuant to Standard A1.4, paragraph 5. The Committee notes the Government’s reference to Decree No.29/2017/ND-CP dated March 20, 2017 on conditions for seafarer’s training facilities and seafarer’s recruitment and placement service providers. It further notes that the Government indicates that 31 agencies have been issued with a certificate of endorsement for seafarer recruitment and placement service provider. The Committee notes that Chapter 3 of the above-mentioned Decree deals with the procedure for issuance and revocation of such certificate and refers in general to compliance with Regulation 1.4 of the MLC, 2006. The Decree does not however reflect the detailed requirements of Standard A1.4, paragraph 5. The Committee requests the Government to adopt without delay the necessary measures to ensure full compliance with Regulation 1.4 and in particular: (i) the adoption of a system prohibiting seafarer recruitment and placement services from using means, mechanisms or lists intended to prevent or deter seafarers from gaining employment for which they are qualified (Standard A1.4, paragraph 5(a)); (ii) the obligation to ensure that recruitment and placement of seafarers are free of charge for seafarers (Standard A1.4, paragraph 5(b)); (iii) whether seafarers are protected against monetary loss that they may incur as result of the failure of recruitment and placement services or the shipowner (Standard A1.4, paragraph 5(c)(vi)); (iv) how national legislation ensures that all complaints concerning the activities of recruitment and placement services are investigated involving, as appropriate, representatives of shipowners and seafarers (Standard A1.4, paragraph 7); and (v) measures adopted or envisaged with regard to the use of recruitment and placement services that operate in countries that have not ratified the Convention, by shipowners of ships flying the Vietnamese flag (Standard A1.4, paragraph 9).

Regulation 2.1 and the Code. Seafarers’ employment agreement. In its previous comments, the Committee requested the Government to indicate the laws and regulations giving effect to Standard A2.1, paragraph 1(b) and (d). The Committee notes the Government’s reference to: section 62 of the Maritime Code; section 23 of the Labour Code; and Decree No. 05/2015/ND-CP dated January 12, 2015 on the implementation of some provisions of the Labour Code. However, the Committee observes that these texts do not give effect to Standard A2.1, paragraph 1(b) (opportunity to examine a seafarers’ employment agreement (SEA) and to seek advice before signing) and Standard A2.1, paragraph 1(d) (right to easily obtain on board clear information on the conditions of employment). The Committee requests the Government to indicate the measures taken to ensure full compliance with these requirements of the Convention. Furthermore, the Committee previously requested the Government to indicate how it gives effect to Standard A2.1, paragraph 6. The Committee notes that section 23 of the Labour Code and Decree No. 05/2015/ND-CP dated January 12, 2015 referred to by the Government concerning the termination of a labour contract are applicable to workers in general but do not necessarily take into account the specific circumstances of seafarers. The Committee once again requests the Government to indicate the measures which exist to ensure that the need of the seafarer to terminate without penalty a SEA on shorter notice or without notice for compassionate or other urgent reasons is taken into account by provisions in relevant legislation and collective agreements. In its previous comments, while noting that the majority of the matters listed under Standard A2.1, paragraph 4, are reflected in the existing legislation, the Committee requested the Government to ensure that all matters required under this provision are included in SEAs. The Committee notes that the Government refers again to section 21 of the Labour Code, which is of general application and does address the specific request. The Committee requests the Government to indicate the measures taken to ensure that the laws and regulations, which implement the Convention, provide that the following mandatory elements are contained in SEAs: (a) the seafarer’s name, date of birth or age and birthplace; (b) the shipowner’s name and address; and (c) the place where and date when the SEA is entered into.

Regulations 2.1 and 2.2 and Standards A2.1, paragraph 7 and Standard A2.2, paragraph 7. Seafarers’ employment agreements and wages. Captivity as a result of acts of piracy or armed robbery against ships. In relation to the 2018 amendments to the Code, the Committee draws the Government’s attention to the following questions included in the revised report form for the Convention: (a) do laws or regulations provide that a seafarer’s employment agreement shall continue to have effect while the seafarer is held captive on or off the ship as a result of acts of piracy or armed robbery against ships?; (b) how are the terms piracy and armed robbery against ships defined under national legislation? (Standard A2.1, paragraph 7); and (c) do laws or regulations provide that wages and other entitlements under the seafarers’ employment agreement, relevant collective bargaining agreement or applicable national laws, including the remittance of any allotments, shall continue to be paid during the entire period of captivity and until the seafarer is released and duly repatriated or, where the seafarer dies while in captivity, until the date of death in accordance with national legislation? (Standard A2.2, paragraph 7). The Committee requests the Government to reply to the abovementioned questions, indicating in each case the applicable national provisions.

Regulation 2.2 and Standard A2.2, paragraph 5. Wages. The Committee requested the Government to indicate the provisions ensuring that any charge for the service related to transfer of seafarer’s wages into his/her personal account or to the authorized persons is reasonable in amount and the rate of currency exchange, unless otherwise provided, is, in accordance with national laws or regulations, at the prevailing market rate or the official published rate and not unfavourable to the seafarer (Standard A2.2, paragraph 5). In its reply, the Government indicates that Decree No. 70/2014/ND-CP on the implementation of several provisions of the Ordinance on the foreign exchange, contains provisions on foreign currency payments to crew overseas that are subject to the exchange rate prescribed by the State Bank of Viet Nam at the time of payment. The Government also indicates that all transaction and money transfer fees are covered by the ship owner, and crew are not required to pay the costs. The Committee takes note of this information, which addresses its previous request.

Regulation 2.3 and the Code. Hours of work and hours of rest. The Committee noted that under section 6(5) of Decree No. 121/2014/ND-CP, exceptions to the minimum hours of rest, including a reduction in the hours of rest in any seven-day period and a division of hours of rest into three periods, may be stipulated in a collective bargaining agreement or an employment contract. The Committee requested the Government to adopt the necessary measures to ensure that any exceptions to the provisions set out in Standard A2.3, paragraphs 5 and 6, of the Convention other than those justified under paragraph 14 of the same Standard, can be provided only under collective agreements and not under the employment contract. In the absence of a reply, the Committee once again requests the Government to adopt the necessary measures to ensure that any exceptions to the provisions set out in Standard A2.3, paragraphs 5 and 6, of the Convention are in full conformity with Standard A2.3, paragraph 13.

Regulation 2.3, Standard A2.3, paragraph 10. Posting of shipboard working arrangements. In its previous comment, the Committee noted the absence of information giving effect to this provision of the Convention. The Committee notes the Government’s indication that section 6 of Decree No. 121/2014/ND-CP provides that hours of work and hours of rest should be posted in a conspicuous position on board Vietnamese ships in English. The Committee takes note of this information, which addresses its previous request.

Regulation 2.5, Standard A2.5.1, paragraph 3. Prohibition of recovering cost of repatriation from seafarers. In its previous comments, the Committee requested the Government to provide information on how it ensures conformity with Standard A2.5.1, paragraph 3. The Committee notes the Government’s reference to section 2 of Decree No. 121/2014/ND-CP, according to which the cost of repatriation of seafarers is covered by shipowners. It also notes that section 2(2)(c) provides that the pay and travel allowance shall be paid under the provisions of the signed contract. Referring to its previous comments and noting that the Government provides no new information, the Committee once again requests the Government to confirm that shipowners pay for repatriation of seafarers in all cases when seafarers are entitled to this right. Recalling the requirements of Standard A2.5.1, paragraph 3, the Committee further requests the Government to provide information on the provisions in national laws, regulations or other measures or applicable collective agreements setting out the procedure to be followed and the standard of proof to be applied before a seafarer can be “disciplined in the form of dismissal” or can be considered in cases of “illegal and unnatural termination of the labour contract”.

Regulation 2.5 and Standard A2.5.1, paragraph 2(b). Maximum period of service on board ship. In its previous comments, the Committee requested the Government to provide information regarding the maximum period of service on board before a seafarer is entitled to repatriation. The Committee notes the Government’s information that the maximum period of service on board is currently not regulated. The Government indicates that the Vietnam Maritime Administration will examine this issue in order to amend and supplement Decree No. 121/2014/ND-CP. The Committee requests the Government to provide information on any progress in ensuring that the provisions of Decree No. 121/2014/ND-CP are in line with Standard A2.5.1, paragraph 2(b) of the Convention.

Regulation 2.6 and the Code. Seafarer’s compensation for the ship’s loss or foundering. The Committee requested the Government to indicate how it ensures that seafarers are entitled to adequate compensation in the case of injury, loss or unemployment arising from the ship’s loss or foundering. In its reply, the Government refers to the provisions of the Labour Code on compensation for workers that are of a general application. The Government also indicates that there is a Protection and Indemnity (P&I) insurance to compensate seafarers in case of serious injury or loss of property when the ship sinks or goes missing. While noting this information, the Committee requests the Government to indicate how it ensures that the seafarer receives adequate compensation in the case of unemployment arising from the ship’s loss or foundering (Standard A2.6, paragraph 1 and Guideline B2.6.1).

Regulation 2.5, Standard A2.5.2. Financial security in the event of abandonment. The Committee notes the Government’s indication that the Ministry of Transport and the Ministry of Finance were in the process of drafting a joint circular guiding the payment of repatriation of seafarers. The Committee requests the Government to provide information on any developments and to indicate the measures taken to implement the 2014 amendments in relation to Standard A2.5.2. The Committee notes in this regard that the Government refers to the Circular No. 38/2017/TT-BTC dated April 28, 2017 by the Ministry of Finance regulating instructions on payment of repatriation expenses for crew which stipulates that the shipowner must have a bank guarantee covering the cost of crew repatriation. In addition, section 5 of the same Circular refers to cases of abandonment and indicates that the competent authorities in charge of arranging the crew repatriation are the Overseas Representative Offices of the Socialist Republic of Viet Nam. Funding for arranging the crew repatriation will be advanced from the Fund for the protection of overseas Vietnamese citizens after a guarantee deposit or commitment is made in writing by the shipowner or if the shipowner can present a written guarantee from the credit institution, foreign bank branch for payment of these expenses. The Government finally indicates that, in accordance with Circular No. 43/2015/TT-BGTVT on providing and revoking the declaration of maritime labour compliance (DMLC) and certificate and Circular No. 24/2017/TT-BGTVT amending and supplementing the Circular No. 43/2015/TT-BGTVT, the certificate of financial security is approved by the Registry agency together with the DMLC, Part II and must be carried on board. While welcoming this information, the Committee has not been able to identify the national provisions giving effect to the detailed requirements of Standard A2.5.2, paragraphs 2, 5, 8, 9 and 10. Accordingly, the Committee requests the Government to indicate the measures taken to implement these requirements of the Convention. The Committee further requests the Government to provide a copy of a model certificate or other documentary evidence of financial security containing the information required in Appendix A2-I of the Convention (Standard A2.5.2, paragraph 7).

Regulation 4.1, Standard A4.1, paragraph 3. On-board hospital and medical facilities. In its previous comment, the Committee requested the Government to provide information concerning on-board hospital and medical care facilities and equipment and training on ships that fly the Vietnamese flag. In its reply, the Government refers to Circulars No. 32/2017/TT-BYT dated July 28, 2017 providing for medicine cabinets, medical equipment, medical instruction documents on ships and medical report forms and No. 03/2020/TT-BGTVT dated February 21, 2020 regulating professional standards, professional certificates, crew training and Minimum Safe Manning of Vietnamese seagoing vessel, in which section 22 regulates the Certificate of professional training. Noting that these Circulars, texts and documents do not appear to give effect to Standard A4.1, paragraph 3, the Committee requests the Government to indicate the provisions which implement this provision of the Convention.

Regulation 4.1, Standard A4.1, paragraph 4(a). Inspection and maintenance of medicine chests, medical equipment and medical guides at regular intervals. In its previous comment, the Committee, noting that a circular was being drafted to ensure compliance with this provision of the Convention, requested the Government to provide a copy of the new text once adopted. The Committee notes the Government’s reference to Circular No. 32/2017/TT-BYT dated July 28, 2017 mentioned above. Noting that the text of the Circular has not been provided to, the Committee requests the Government to provide a copy of it or a summary thereof to enable it to review its compliance with the provisions of the Convention.

Regulation 4.1, Standard A4.1, paragraph 4(d). System of medical advice by radio or satellite communication to ships at sea. The Committee requested the Government to provide information on the laws and regulations adopted to give effect to Standard A4.1, paragraph 4(d). The Committee notes the Government’s indication that currently, only the Viet Nam National Institute of Maritime Medicine accepts and provides free medical advice to ships while at sea for shipowners registered for crew health examination at this Institute. It further notes that the Institute also provides medical advice services to other shipowners, however this is a paid service at the shipowner’s request. The Committee recalls that Standard A4.1, paragraph 4(d) provides for the adoption of laws and regulations requiring coastal States to ensure by a prearranged system that medical advice by radio or satellite communication to ships at sea, including specialist advice, is available 24 hours a day, and that medical advice, including the onward transmission of medical messages by radio or satellite communication between a ship and those ashore giving the advice, is available free of charge to all ships irrespective of the flag that they fly. The Committee requests the Government to indicate the measures taken to ensure that Standard A4.1, paragraph 4(d) is fully implemented.

Regulation 4.2, Standards A4.2.1 and A4.2.2. Shipowners’ liability. Financial security in the event of death or long-term disability. The Committee requested the Government to provide information on the measures taken to ensure conformity with the 2014 amendments to the Code of the Convention. The Committee notes the Government’s information that financial security in the event of death or long-term disability is implemented through P&I Insurance contracted by shipowners with respect to seafarers while on board the ship and provided with a certificate of financial security by the insurer in compliance with the provisions of the Convention. While noting this information, the Committee observes that the Government does not indicate the national legislation implementing the requirements of the Convention, nor provides a copy of the financial security certificate. In this regard, the Committee recalls that pursuant to Standard A4.2.1, paragraphs 8-14 and Standard A4.2.2, national laws and regulations shall provide that the financial security system to assure compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard meet certain minimum requirements. The Committee requests the Government to indicate the national provisions which give full effect to and which implement the requirements of Standard A4.2.1, paragraphs 8-14 and Standard A4.2.2. It also requests the Government to supply a sample of an existing certificate or other documentary evidence of financial security containing the information required in Appendix A4-I of the Convention (Standard A4.2.1, paragraph 14).

Regulation 4.3 and the Code. Health and safety protection and accident prevention. The Committee requested the Government to: (i) indicate whether the guidelines under Regulation 4.3, paragraph 2, have been adopted in consultation with the representative shipowners’ and seafarers’ organizations; (ii) provide information on how it implements Standard A4.3, paragraphs 1(c), 2(b) and 8; and (iii) to provide examples of DMLCs, Part II approved by the competent authority in order to assess shipowners’ practices regarding this issue. Noting that the Government provides no relevant information in reply to its comments, the Committee reiterates its previous request.

Regulation 4.5 and the Code. Social security. Noting the Government’s information on recent reforms adopted regarding legislation on social security, the Committee requested the Government to provide a copy of the new texts as well as further information on the implementation of Regulation 4.5. The Committee notes the Government’s reference to section 2 of the Law on Social Insurance dated 20 November, 2014 under which it is mandatory for Vietnamese workers to participate in social insurance. It also notes that foreign citizens who are working legally in Viet Nam are compulsorily covered by such social insurance. The Committee further notes the Government’s reference to: sections 5 and 6 of Circular No. 26/2017/TT-BLDTBXH dated September 20, 2017 on compulsory insurance providing benefits in case of employment injury; the 2017 Governmental Decree No. 44/2017/ND-CP dated April 14, 2017 on compulsory social insurance premium for occupational accidents; sections 38 to 48 and 69 to 76 of the Law of Health Insurance providing coverage of the labour accident and occupational disease regimes; sections 49 to 62 and 69 to 76 of Law on Health Insurance No. 71/2006/QH11 dated June 29, 2006 covering old-age pension. The Committee requests the Government to specify whether all seafarers ordinarily resident in its territory, including seafarers working on board foreign-flagged ships, are granted social security coverage in the branches specified which is no less favourable than that enjoyed by shore workers resident in Viet Nam. It also requests the Government to indicate whether it has given consideration to the various ways in which comparable benefits will be provided to non-resident seafarers working on ships that fly its flag in the absence of adequate coverage in those branches in conformity with Standard A4.5, paragraph 6.

Regulation 5.1.1 and the Code. Flag State responsibilities. System of inspectors. Copy of the MLC, 2006 on board. The Committee requested the Government to provide information on the system of inspection as well as on the obligation to have a copy of the Convention available on board ship. In relation to the first point, the Committee notes that Government refers to: chapters 3 and 4 of Decree No. 121/2014/ND-CP, which deals with the Inspection system; Circular No. 51/2017/TT-BGTVT dated December 29, 2017 providing for the registry of ship inspectors and professional personnel; and Circular No. 07/2018/BTT-BGTVT dated February 7, 2018 of the Ministry of Transport, providing for inspection of ships. The Committee takes notes of this information. As it relates to the obligation to have a copy of the Convention available on board, the Government refers to section 10 of Circular No. 43/2015/TT-BGTVT dated August 20, 2015 of the Ministry of Transport on issuance and revocation of the DMLC and certificate. The Committee notes however that this Circular does not refer to the obligation under Standard A5.1.1, paragraph 2. The Committee requests the Government to indicate the measures taken to ensure compliance with this requirement of the Convention.

Regulation 5.1.3, paragraph 6, and Standard A5.1.3. Maritime labour certificate and declaration of maritime labour compliance. The Committee notes that the DMLC, Part I, contained in Circular No. 43/2015/TT-BGTVT dated August 20, 2015 of the Ministry of Transport on issuance and revocation of the DMLC and certificate, does not contain reference to the sections of the applicable legislation nor any details on the content of the relevant provisions and it is therefore not in compliance with Standard A5.1.3, paragraph 10. The Committee accordingly requests the Government to adopt the necessary measures to amend the DMLC, Part I in order to fully comply with this requirement of the Convention. The Committee further requests the Government to provide examples of the DMLC, Part II compiled by a shipowner and approved by the competent authority.

Regulation 5.1.4 and Standard A5.1.4, paragraphs 3 and 7(c). Inspection and enforcement. The Committee previously requested the Government to: (i) specify the legislative or regulatory provisions giving effect to Standard A5.1.4, paragraphs 3, 6, 11(a) and 17; and (ii) to indicate how it ensures compliance with Standard A5.1.4, paragraph 7(c). The Committee notes the Government’s reference to Chapter 3 of Decree No. 121/2014/ND-CP dealing with inspection and issuance of maritime labour certificates. It also notes sections 15 and 17 of the Decree that provide for inspection and examination of working and living conditions on board ships in compliance with the national laws and the provisions of the MLC, 2006. While noting this information, the Committee notes that the Government does not specify the provisions ensuring that inspectors shall have the status and the independence necessary to enable them to carry out the verification of the application of the Convention. The Committee accordingly requests the Government to specify the provisions giving effect to Standard A5.1.4, paragraph 3.

Regulation 5.1.5 and the Code. On-board complaint procedures. The Committee requested the Government to: (i) indicate the measures taken to give effect to Standard A5.1.5, paragraphs 1–3; and (ii) indicate the provisions prohibiting and penalizing any kind of victimization of a seafarer for filing a complaint (Regulation 5.1.5, paragraph 2). The Committee notes the Government’s indication that seafarers who fill complaints must satisfy the provisions of the procedures stipulated in the Law on complaints dated 2011. The Committee observes however that this Law, which deals with administrative complaints, does not appear to be relevant in this context. The Committee further notes the Government’s reference to section 16 of Decree No. 121/2014/ND-CP, which does not give effect to the above-mentioned provisions of the Convention. The Committee therefore requests the Government to indicate the provisions giving effect to Regulation 5.1.5, paragraph 2 and Standard A5.1.5, paragraphs 1–3.

Regulation 5.2.2 and the Code. Onshore seafarer complaint-handling procedures. The Committee requested the Government to provide information on the mechanism established to receive and deal with complaints in Vietnamese ports, and particularly the steps taken to safeguard the confidentiality of complaints made by seafarers. The Committee notes the Government’s indication that under section 18 of Decree No. 121/2014/ND-CP seafarers working on foreign seagoing vessels calling at Vietnamese seaports have the right to bring complaints for the breach of the requirements of the Convention. It also notes, however, the Government’s indication that the appropriate mechanisms required under Standard A5.2.2, paragraph 6 are yet to be adopted in national legislation. The Committee requests the Government to adopt the necessary measures to implement this requirement of the Convention.

Article 4(1) of the Convention. Exceptions to the weekly rest. Following its previous comments, the Committee notes that the Government indicates in its report that a new Labour Code was adopted in 2019 and will enter into force on 1 January 2021. It notes in particular that section 111(1) provides that: (i) each week an employee is entitled to a break of at least 24 consecutive hours; and (ii) where it is impossible for the employee to have a weekly day off due to the work cycle, the employer has the responsibility to ensure that on average the employee has at least four days off per month. The Committee notes that this provision could allow workers to work without weekly rest for unspecified periods, as long as “on average”, they get four days off per month. It requests the Government to indicate how this provision is implemented in practice.

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.

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.

Article 3 of the Convention. Labour Inspection in Industrial Processing Zones (IPZs). Supervision and monitoring by the central authority. The Committee previously requested information on the delegation of tasks in the field of labour and labour inspection to IPZ management boards and whether they are subject to binding guidance from the Ministry of Labour, War Invalids and Social Affairs (MOLISA). In this respect, the Committee notes the Government’s statement in its report that no authorization has been given to IPZ management boards regarding labour inspection. The Committee also notes the information provided by the Government regarding the tasks delegated to IPZ management boards in the field of labour, such as receiving declarations of employment or issuing, re-issuing and revoking work permits for migrant workers working in enterprises in IPZs. The Committee notes that, according to the Government, IPZ management boards must report every six months to the authorized agencies on the performance of all authorized tasks, and that Provincial-level People’s Committees shall sum up and report on such authorizations in their respective provinces, for submission to the MOLISA, which may itself request reports from IPZ management boards. The Committee requests the Government to provide further information on the undertaking of labour inspections in IPZs, including the number of inspection visits, the nature of these visits (regular or ad hoc; inspections responding to complaints or accidents; inspections announced in advance versus unannounced), the number of enterprises and workers in each IPZ, the number and nature of violations detected and the number and nature of penalties imposed.

Article 5(b). Collaboration between officials of the labour inspectorate and employers and workers or their organizations. Further to its previous comments on collaboration between the labour inspection services and employers’ and workers’ organizations, the Committee notes the Government’s indication regarding the setting up of an information portal by the Inspectorate of the MOLISA (Ministry Inspectorate), which is accessible to employers’ and workers’ organizations. The Government also indicates that there is close collaboration between the Ministry Inspectorate and the Viet Nam General Confederation of Labour, the Viet Nam Chamber of Commerce and Industry and the Viet Nam Cooperative Alliance, in the formulation of mechanisms and policies related to employers and employees; in the implementation of labour inspection campaigns; and during inspections. The Committee requests the Government to provide information on any impact of these collaboration mechanisms on improving conditions of work and the level of protection of workers while engaged in their work, including further information on the impact of such collaboration mechanisms in the implementation of labour inspection campaigns.

Article 12(1)(a). Inspection visits and powers of labour inspectors. The Committee previously noted that the MOLISA prepares annual inspection plans, and that inspection activities shall be conducted only when inspection decisions are issued. In this respect, the Committee also notes that, pursuant to section 22 of Decree No. 110/2017/ND-CP, the process for conducting labour inspection is regulated by Decree No. 86/2011/ND-CP and Decree No. 07/2012/ND-CP.

The Committee notes that the Government indicates that inspection activities are divided between inspection plans, regular inspections or ad-hoc inspections. In this respect, the Committee notes that, while Chief Inspectors are empowered under section 20 of Decree No. 86/2011/ND-CP and section 15 of Decree No. 07/2012/ND-CP to issue ad-hoc inspection decisions, such decisions have to be announced to the subjects of inspections within 15 days of their issuance (section 26 of Decree No. 86/2011/ND-CP and section 22 of Decree No. 07/2012/ND-CP). The Committee observes that such a requirement could limit the ability of labour inspectors provided with proper credentials to enter freely and without previous notice at any hour of the day or night any workplace liable to inspection, in accordance with Article 12(1)(a) of the Convention. The Committee also notes, however, the Government’s indication that, pursuant to section 216 of the Labour Code 2019, which enters into force on 1 January 2021, an advance notice shall not be required if there is an ad-hoc inspection decision issued by a competent authority, in case of an emergency that threatens the safety, life, health, honour, and dignity of the employees at the workplace. Pursuant to section 22 of the Decree No. 110/2017/ND-CP, prior notice may not be necessary in certain situations related to OSH. While recognizing that certain provisions of national legislation, such as section 216 of the Labour Code, provide some scope for unannounced inspections, the Committee requests the Government to take the necessary measures to bring its legislation in line with the Convention to ensure that labour inspectors are empowered to enter freely and without previous notice at any hour of the day or night any workplace liable to inspection. It requests further information on the manner in which the exceptions in section 216 of the Labour Code and section 22 of Decree No. 110/2017/ND-CP are applied in practice, including the number of inspections undertaken without previous notice and the results of such inspections, once the Labour Code comes into force.

Article 14. Notification of industrial accidents and cases of occupational disease. The Committee notes that the Government reiterates that enterprises only report accidents ranging from serious to fatal ones and serious technical incidents to local labour inspectors. In this regard, the Committee notes that section 34 of the Law on Occupational Safety and Health (OSH Law) requires that employers provide immediate notice to the provincial-level labour state management agency for accidents causing death or serious injuries to at least two employees. Section 10 of Decree No. 39/2016/ND-CP of 15 May 2016, stipulating detailed guidelines for the implementation of several articles of the OSH Law, also requires employers to notify the labour inspectorate of occupational accidents causing death or injuries to two employees or more. The Committee requests once again that the Government take the necessary measures to ensure that the labour inspectorate is notified of cases of occupational disease. In addition, in the absence of information in this regard, the Committee once again requests the Government to provide statistics available to the labour inspectorate on cases of industrial accidents and of occupational disease, including the nature of these accidents or diseases and the sectors in which they occur.

Articles 17 and 18. Adequate penalties. Further to its previous request in this regard, the Committee notes the information provided by the Government concerning the different provisions in national legislation, setting out sanctions available to labour inspectors and sanctions applicable for obstruction of labour inspectors in the performance of their duties. The Committee also notes the statistics provided by the Government, indicating that the number of sanctions on administrative violations in 2018 and 2019 increased from 648 to 756, while the total amount of fines imposed decreased from 39,658,000,000 Vietnamese dong (US$1,708,441) to 25,411,000,000 dong (US$1,096,036). The Government nevertheless indicates that there are currently no statistics available on: (i) penalties applied for hindering labour inspectors; (ii) forms of violations reported; or (iii) on legal proceedings instituted or recommended by labour inspectors. The Committee requests the Government to provide further information on the application in practice of Articles 17 and 18 of the Convention, including any challenges and difficulties faced by labour inspectors in relation to the application of penalties or the institution of legal proceedings, and with the application of penalties for obstructing labour inspectors in the performance of their duties. It requests the Government to continue to provide information on the number and types of violations detected and sanctions imposed, including the total amount of fines imposed and collected, any other civil sanctions imposed, the number and nature of instances where signs of crime are detected, and the results of any suspected law violations transferred to the appropriate prosecutorial authorities.

Articles 5(a) and 16 of the Convention. Inspections as often and as thoroughly as necessary. Self-inspection and self-assessment. Annual inspection plans. The Committee previously noted the information provided by the Government in relation to the use of self-inspection forms by the labour inspectorate, as well as a decrease in self-inspection questionnaires used and recommendations issued, as compared to violations detected in the period 2005–12. In this regard, the Committee notes the Government’s indication in its report that there are no sanctions in labour legislation for enterprises failing to submit the self-inspection questionnaires, which has led to: (i) low numbers of enterprises returning self inspection questionnaires; (ii) a low quality of answered questionnaires; and (iii) a low number of recommendations issued. The Government refers to several measures envisaged to improve the effectiveness of self-inspection questionnaires as a tool to assist the labour inspectorate in increasing efficiency and inspections.

The Committee notes with concern that the Government indicates that, due to several difficulties which include the insufficient number of staff, inspection work has not been performed regularly and thoroughly. In this respect, the Committee notes the Government’s indication that the numbers of inspections were 3,667 in 2016, 3,298 in 2017, 3,652 in 2018 and 3,969 in 2019. The Committee further notes that, pursuant to the Directive of the Prime Minister No. 20/CT-TTg dated 17 May 2017 regarding the Reorganization of Inspection and Examination Activities for Enterprises, the formulation and approval of an annual inspection plan must ensure that an enterprise does not undergo more than one inspection every year from a state inspection body. The Directive further provides that, with respect to ad hoc inspections, it is not allowed to expand the inspection scope, and inspect contents that are outside the scope of the inspection decision. In this regard, the Committee notes the Government’s indication that a number of planned inspections could not be performed, due to overlapping functions and mandates with other agencies. The Committee observes that restrictions on the frequency and scope of inspections could pose limitations on the ability of labour inspectors to inspect workplaces as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions, in accordance with Article 16. In this respect, the Committee recalls its General Observation of 2019 on the labour inspection Conventions, expressing concern at reforms that substantially undermine the inherent functioning of labour inspection systems and urging governments to remove these restrictions, with a view to achieving conformity with Convention No. 81. The Committee requests the Government to take the necessary measures to ensure that, in accordance with Article 16 of the Convention, workplaces are inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions. The Committee requests the Government to provide further information on the impact of the Directive of the Prime Minister No. 20/CT-TTg dated 17 May 2017 on the inspections of the labour inspectorate, including with respect to their frequency and scope. In this regard, it requests the Government to provide detailed statistics on conducted inspection visits, disaggregated by sector and by inspection type (inspections performed according to inspection plans, regular inspections or ad hoc inspections) and identifying the number of inspections responding to complaints or to accidents, and inspections that are announced versus unannounced. The Committee also requests the Government to provide further specific information on why a number of planned inspections could not be performed, indicating in detail what overlapping functions and mandates with other agencies prevented these inspections from being carried out. In addition, the Committee further requests information on the number of self-inspection questionnaires issued and returned. Recalling that self-inspection and self-assessment should be complementary to, and not replace, labour inspection, the Committee requests the Government to provide further information on the measures taken by labour inspectors in cases where enterprises fail to respond to self-inspection questionnaires.

Article 3(2). Additional functions entrusted to labour inspectors. Following its previous comments on the exercise of multiple functions by inspectors and the low number of inspectors, the Committee notes that the Government indicates that the overall number of inspectors remains insufficient. The Government states that only approximately one third of the 464 inspectors in the labour sector, working for the Ministry of Labour, War Invalids and Social Affairs (MOLISA), the agencies performing specialized inspection functions under the MOLISA, and the provincial Departments of Labour, Invalids and Social Affairs, perform labour inspection tasks. The Committee notes that, pursuant to section 214 of the Labour Code 2019, labour inspection includes the handling of labour-related complaints and denunciations, but also notes the Government’s statement that the labour dispute settlement process in compliance with the provisions of the Labour Code and the Criminal Procedure Code does not involve labour inspectors. Taking into account the difficulties raised by the Government regarding the number of inspectors in relation to their increasing workload, the Committee requests the Government to provide detailed information on all additional functions or responsibilities that are assigned to or expected from labour inspectors, separately identified for the national and provincial levels. The Committee also requests the Government to provide detailed information on the proportion of time and resources spent by labour inspectors on their primary functions, as set out in Article 3(1), compared to those spent on all additional functions entrusted to them, separately assessed for the national and provincial levels. The Committee strongly encourages the Government to take the necessary measures to ensure that, in accordance with Article 3(2) of the Convention, any duties which may be entrusted to labour inspectors in addition to their primary duties shall not be such as to interfere with the effective discharge of those primary duties.

Articles 5(a), 20 and 21. Publication of an annual inspection report. The Committee notes the Government’s indication that the Inspectorate of the MOLISA (Ministry Inspectorate) prepares an annual inspection report, in accordance with the regulations of the Government Inspectorate, containing the information covered by Article 21, except for statistics on occupational accidents and diseases. The Committee nevertheless notes that no annual report on the activities of the labour inspection services has been transmitted to the Office. In this regard, the Committee notes that the Government requests technical assistance from the Office as regards the establishment of a database of enterprises covering all types of production and businesses, to help it report on the information covered by Article 21(c) of the Convention. The Committee requests the Government to take all the necessary measures to ensure that the annual report of the labour inspectorate is published and transmitted to the ILO in the near future, in accordance with Article 20 of the Convention, and that this annual report contains information on all the subjects listed under Article 21. The Committee hopes that the technical assistance requested by the Government will be provided in the near future, with a view to ensuring the establishment of a register of enterprises and full compliance with Articles 20 and 21 of the Convention.

Articles 10 and 11. Resources available to the labour inspectorate. Further to its previous comments which noted the Government’s indication that human resources, material means and facilities of the labour inspectorate were inadequate, the Committee notes the Government’s indication that increasing the number of labour inspectors has been difficult. The Government states that there were approximately 155 officials performing labour inspection tasks, from the Ministry Inspectorate, the agencies performing specialized inspection functions under the MOLISA, and the provincial Departments of Labour, Invalids and Social Affairs. The Government indicates that while the labour inspection team has a strong background, the current number of inspectors is still deemed to be insufficient. The Committee further notes the Government’s indication that some localities have few inspectors while their tasks have increased and their work becomes more complex, which has a negative impact on the validity and effectiveness of inspection activities. Concerning material means, the Committee notes section 6 of Circular No. 14/2015/TT-BLDTBXH of 2015 of the MOLISA, as amended, which stipulates that inspectors must be provided with equipment and working facilities at the agency, in accordance with laws and regulations, and stipulates the equipment provided to inspectors on work trips. The Committee urges the Government to strengthen its efforts with a view to ensuring that the labour inspectorate has sufficient human and material resources for the effective discharge of its duties. In addition, the Committee requests the Government to provide information on the application in practice of section 6 of Circular No. 14/2015/TT-BLDTBXH, as amended, and to continue to provide information on the tools and other material means available to labour inspectors.

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

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 45 (underground work (women)), 120 (hygiene (commerce and offices)), 155 (OSH), and 187 (promotional framework for OSH) together.

Legislative developments. In response to its previous comments on legislative developments, the Committee notes the information provided by the Government in its report concerning the adoption, during the reporting period, of several pieces of legislation relevant to OSH, including the Labour Code of 2019, which enters into force on 1 January 2021.

Application in practice of Conventions Nos 120, 155 and 187. The Committee previously requested for information on measures to address the high rate of occupational accidents and diseases in particular sectors. In this regard, the Committee notes the information provided by the Government, including the statistics on occupational accidents available on the website of the Department of Work Safety of the Ministry of Labour, War Invalids and Social Affairs (MOLISA). The Committee notes that in 2019, there were 8,150 occupational accidents causing 8,327 people to be injured and 979 deaths, and that serious occupational accidents in which two or more persons are killed two or many people injured, typically occurred in the fields of construction, mineral exploitation, fishing and electricity. The Committee also notes that, according to the Government, there are difficulties with regard to the diagnosis and examination of occupational diseases, caused by the inadequacy of facilities, equipment and human resources. The Committee requests the Government to provide further information on the measures taken to increase the level of compliance with OSH rules, to improve the situation with respect to the diagnosis and examination of occupational diseases, and to reduce the rate of occupational accidents and diseases, particularly in high-risk sectors, as well as on the impact of the measures taken. The Committee also requests the Government to continue to provide information on the application in practice of the ratified Conventions on OSH, including the number of violations detected and penalties imposed, and the occupational accidents and diseases registered.

A. General Provisions

OSH and its promotional framework (Conventions Nos 155 and 187)

The Committee notes the Government’s first report on the application of Convention No. 187.

The Committee also takes note of the information provided by the Government in reply to its previous requests concerning Article 11(a) (progressive determination of design, construction, layout and operations of undertakings and safety of technical equipment) and Article 17 (collaboration between two or more undertakings) of Convention No. 155.

I. Action at the national level

Article 2(3) of Convention No. 187. Periodic consideration of measures to ratify OSH Conventions. The Committee notes the Government’s indication in its report that the MOLISA adopts plans annually concerning proposals to the competent authority on the ratification of ILO Conventions. The Committee requests the Government to indicate whether the most representative organizations of employers and workers are consulted in the context of the adoption of those plans.

National policy

Article 4 of Convention No. 155 and Article 3(1) of Convention No. 187. Formulation, implementation and periodic review of a national policy on OSH in consultation with social partners. The Committee notes the Government’s indication, in response to its previous request on national policy, that its national policy on OSH takes the form of the Law on Occupational Safety and Health (OSH Act) of 2015, and is further developed through Party documents, the Constitution and legislation. The Committee also notes the Government’s reference, with respect to consultation, to section 88 of the OSH Act and section 41 of Decree No. 39/2016/NĐ-CP establishing the National OSH Council, a tripartite advisory body. The Government indicates that, pursuant to section 41(4) of Decree No. 39/2016/NĐ-CP, this Council organizes dialogues annually to share information and strengthen the understanding between the social partners and state agencies on the development, amendment and revision of policies and laws on OSH. With respect to the review of the national OSH policy in consultation with social partners, the Committee notes the Government’s indication concerning section 170 of the Law on Promulgation of Legal Documents, which entered into force on 1 July 2016, and requires state management agencies to regularly review, supplement and amend national policies. The Committee also notes that, pursuant to section 6 of the same Law, the drafting agencies and relevant organizations must enable other organizations, individuals and those directly affected by the law to provide opinions during the formulation of legislative documents. The Committee requests the Government to provide further specific information on the periodic review of the national OSH policy in practice, including any review of the OSH Act of 2015. It requests the Government to provide information on the consultations held with the social partners in this respect, including in the National OSH Council.

Article 5(e) of Convention No. 155. Protection of workers and their representatives from disciplinary measures. Following its previous comments, the Committee notes the Government’s reference to section 6(1)(dd) of the OSH Act, providing protection for workers with labour contracts who refuse to work or leave the workplace, when they are clearly aware of risks of occupational accidents that seriously threaten their life or health, and immediately notify such risks to the direct manager. In this regard, the Committee recalls that Article 5(e) concerns not only the protection of workers, but also their representatives, from disciplinary measures for actions properly taken by them in conformity with national policy, which includes but is not limited to removal from dangerous situations. The Committee requests the Government to indicate the measures taken to ensure the protection of both workers and their representatives from disciplinary measures as a result of all actions properly taken by them in conformity with the policy, beyond the above-mentioned rights to refuse to work or to leave the workplace.

National system

Article 12 of Convention No. 155. Obligations of persons who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. The Committee notes the list of legislation provided by the Government, including Decree No. 113/2017/ND-CP of 9 October 2017 detailing and guiding the implementation of a number of articles of the Law on Chemicals, which prescribes that certain chemicals are subject to conditions of production and trading. The Committee also notes Circular No. 05/2012/TT-BLĐTBXH of 30 March 2012 of the MOLISA, promulgating national technical standards on labour safety for lifting equipment, which provides that organizations and individuals manufacturing, importing, exporting, circulating, installing, repairing, managing and operating lift equipment, are responsible for abiding by the standards set out in the Regulation. The Committee notes that this Regulation includes a requirement that lift equipment come with sufficient original technical documentation. The Committee requests the Government to provide further information on legislative or other provisions setting out the obligations of persons who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use, in relation to the requirements in paragraphs (a) (ensuring, so far as is reasonably practicable, the safety of machinery, equipment or substances); and (b) (making information available concerning correct installation, use and hazards) of Article 12. The Committee also requests the Government to indicate the measures taken to give effect to Article 12(c), requiring the persons covered by that Article to undertake studies and research or otherwise keep abreast of the necessary scientific and technical knowledge to comply with Article 12(a) and (b).

National programme

Article 5(1) and (2) of Convention No. 187. National OSH Programme. The Committee notes the adoption of Decision No. 05/QD-TTg of 5 January 2016 of the Prime Minister approving the National Programme for Occupational Safety and Health in the period 2016–20 (National OSH Programme 2016–20). It notes the Government’s statement that the MOLISA consulted with employers’ and workers’ organizations when drafting the Programme. The Committee also notes the different objectives and targets set out in the National OSH Programme 2016–20, including the reduction of occupational accidents and diseases, as well as various other programmes listed by the Government, which contain similar or complementary objectives. Considering that the National OSH Programme expires in 2020, the Committee requests the Government to provide information on the measures taken to ensure the evaluation and periodic review of this programme, in consultation with social partners. The Committee also requests the Government to provide information on how this evaluation contributes to the formulation of a new Programme, and to provide information on any subsequent programmes adopted.

II. Action at the level of the undertaking

Article 19(b), (c) and (e) of Convention No. 155. Arrangements at the level of the undertaking. The Committee previously requested information on measures giving effect to Article 19(b), (c) and (e) in undertakings with less than 1,000 workers or without trade unions. In this respect, the Committee notes the information provided by the Government regarding section 75 of the OSH Act, providing for the establishment of OSH committees at the level of the undertaking. The Committee also notes section 74 of the same Act providing for each production group in enterprises to have at least one part-time OSH worker during working hours, to be elected by the workers. Section 38 of Decree No. 39/2016/ND-CP of 15 May 2016 further specifies that an OSH committee (established at the undertaking level pursuant to section 75 of the OSH Act), has to be established in undertakings of more than 300 employees in high-risk fields, and in undertakings of 1,000 or more employees in other fields. The Committee requests the Government to provide information on the implementation of sections 74 and 75 of the OSH Act in practice. In addition, the Committee requests the Government to provide further information on measures taken to enable technical advisers, by mutual agreement, to be brought in from outside the undertaking, as envisaged by Article 19(e).

B. Protection in specific branches of activity

Underground Work (Women) Convention, 1935 (No. 45)

The Committee recalls that the ILO Governing Body (at its 334th Session, October–November 2018), on the recommendation of the Standards Review Mechanism (SRM) Tripartite Working Group, classified Convention No. 45 as an outdated instrument, and has placed an item on the agenda of the 113th Session of the International Labour Conference (2024) concerning its abrogation. The Governing Body also requested the Office to follow-up with member States currently bound by Convention No. 45 to encourage the ratification of up-to-date instruments concerning OSH, including but not limited to the Safety and Health in Mines Convention, 1995 (No. 176), and to undertake a campaign to promote the ratification of Convention No. 176. The Committee therefore encourages the Government to follow up the Governing Body’s decision at its 334th Session (October–November 2018) approving the recommendations of the SRM Tripartite Working Group and to consider ratifying the most up-to-date instruments in this subject area.

Hygiene (Commerce and Offices) Convention, 1964 (No. 120)

The Committee takes note of the information provided by the Government in reply to its previous requests concerning Articles 8 (ventilation), 9 (lighting), 10 (temperature) and 18 (noise and vibration) of the Convention.

Article 6(1) of the Convention. Labour inspection. The Committee previously noted the Government’s indication that specific OSH inspections only take place in a few areas, such as mining and work with hazardous chemicals, and requested for information on labour inspections in workplaces covered by the Convention. In the absence of additional information on this issue, and with reference to its comments adopted in 2020 on the Labour Inspection Convention, 1947 (No. 81), the Committee once again requests the Government to provide information on the labour inspections carried out in practice in workplaces covered by this Convention.

Article 14. Sufficient and suitable seats supplied for workers. The Committee previously noted that the information provided by the Government referred only to the public sector. The Committee once again requests the Government to provide information on the measures taken to ensure that, in practice, sufficient and suitable seats are supplied for workers who are not working for state agencies and the civil service.

Article 9(1) of the Convention. Penalties, labour inspectorate and application of the Convention in practice. In its previous comments, the Committee noted that administrative sanctions for child labour are provided for by several decrees. Moreover, section 296 of the Penal Code of 2015 provides for criminal liability for violations of the law on the employment of children. However, the Committee noted that a significant number of children were engaged in child labour in Viet Nam, and that the results of the labour inspection activities did not reflect the magnitude of child labour in Viet Nam, as indicated in the report of the Viet Nam National Child Labour Survey of 2012. The Committee also noted that the Government was in the process of preparing the second National Survey on Child Labour. The Committee urged the Government to strengthen the capacity and expand the reach of the labour inspectorate in its action to prevent and combat child labour. It also requested the Government to continue to provide information on the manner in which the Convention was applied in practice.

The Committee notes the Government’s information in its report that there are no cases of child labour detected during the labour inspection activities. However, according to information provided by 30 authorities at provincial and city level, 83 children who perform work illegally were detected. The Government also indicates that 120 labour inspectors from 63 Department of Labour, Invalids and Social Affairs our have participated in capacity building activities on child labour. Training contents included relevant laws, inspection process and skills in inspecting the use of child labour. In addition, 286 inspectors at the local level received training on the detection, inspection and examination of child labour. The Committee also notes that, according to the National Child Labour Survey 2018, 1,031,944 working children were classified as involved in “child labour”, accounting for 5.4 per cent of the 5–17 year-old population and 58.8 per cent of working children. Among these, 519,805 children worked in heavy, dangerous and hazardous work with a rate of nearly 50.4 per cent of the total number of children in child labour. The Committee takes due note that, the total number of children involved in child labour has decreased compared with the results of the National Child Labour Survey 2012 (1.75 million). However, it notes with concern that there is still a significant number of children engaged in child labour, particularly in hazardous work. Moreover, the Committee observes that the results of the labour inspection activities do not reflect the magnitude of child labour in Viet Nam, as indicated in the report of the Viet Nam National Child Labour Survey of 2018. The Committee therefore urges the Government to intensify its efforts to ensure the effective elimination of child labour. It once again urges the Government to strengthen the capacity and expand the reach of the labour inspectorate in its action to detect, monitor, prevent and combat child labour, and to provide detailed information on the measures taken in this regard. The Committee also requests the Government to continue to provide information on the manner in which the Convention is applied in practice, including extracts from the reports of the inspection services and court decisions, as well as information on the number and nature of the violations reported and the sanctions imposed.

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

Article 1 of the Convention. National Policy. The Committee previously noted the adoption of the Programme to Prevent and Reduce Child Labour for the period of 2016 – 2020, and requested the Government to provide information on its implementation, as well as the results achieved.

The Committee notes the Government’s information in its report that 41 out of 63 provincial authorities issued local plans to implement the Programme to Prevent and Reduce Child Labour for the period of 2016 – 2020. The Government also refers to various activities carried out within the framework of the Programme, including: (i) the development of guiding documents to implement the Law on child of 2016 regarding prevention and reduction of child labour; (ii) the awareness raising activities regarding children participating in economic activities, children at risk and child labour; (iii) capacity building activities and trainings for governmental officials, civil servants and social workers working in child protection and education at all levels ; and (iv) establishment of child protection systems in 43 out of 63 provinces. The Government also indicates that measures have been taken to ensure the monitoring, supervision and evaluation of the programme implementation at local level. Considering that the current Programme to Prevent and Reduce Child Labour expires in 2020, the Committee requests the Government to provide information on the evaluation of its implementation, as well as the results achieved in terms of the number of children withdrawn from child labour. It also requests the Government to indicate if a new Programme is planned and to provide a copy once adopted.

Article 8. Artistic performances. The Committee previously noted the Government’s information that Circular No. 11/2013/TT-BLDTHXH of June 2013 provides for a list of work activities in which children under 13 years of age may be employed, including work as actors, singers, dancers and athletes. The Committee therefore requested Government to indicate whether children under 13 years of age who participate in artistic and sport performances are allowed to do so following permits issued by the competent authority in individual cases.

The Committee notes that the Labour Code No. 45/2019/QH14 was adopted in November 2019 and will take effect from 1 January 2021. According to its section 145(3), the employment of children under 13 years of age in artistic and sport performances shall be permitted by the provincial labour authority. Section 145(4) further provides that the Minister of Labour, War Invalids and Social Affairs shall elaborate implementing regulations of section 145 regarding the employment of children under 15 years of age. The Committee requests the Government to provide information on any progress made regarding the development of implementing regulations concerning the employment of children under 13 years in artistic and sport performances. It also requests the Government to provide information on the application in practice of section 145(3) of the Labour Code of 2019, including the number of children who received permits from the provincial labour authority.

Article 6 of the Convention. Programmes of action to eliminate the worst forms of child labour. National programme on the elimination of the worst forms of child labour. In its previous comments, the Committee noted that the development of the National Programme on the Elimination of the Worst Forms of Child Labour for 2016–2020 was envisaged. It requested the Government to take the necessary measures to ensure its adoption and to provide information on its implementation and results achieved.

The Committee notes the Government’s information in its report that the Programme on Prevention and Minimization of Child Labour for 2016–2020 was adopted by Decision 1023/QD-TTg of the Prime Minister. The Government also adopted the National Plan to Implement the UN 2030 Agenda for Sustainable Development, including objective 8.7, which covers the prohibition and elimination of the worst forms of child labour. To achieve this objective, the Ministry of Labour, Invalids and Social Affairs (MOLISA) has taken measures to enhance the coordination with other ministries, agencies, national organizations and the ILO, and to develop a road map/plan for cross-sector collaboration among ministries and related organizations. The Committee requests the Government to indicate if it envisages to develop a new programme upon the expiration of the current Programme on Prevention and Minimization of Child Labour in 2020. It also requests the Government to provide concrete information on the measures taken and any results achieved regarding the elimination of the worst forms of child labour within the framework of the National Plan to Implement the UN 2030 Agenda for Sustainable Development.

Article 7(2)(b). Effective and time-bound measures. Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Child victims of trafficking. The Committee previously noted that, according to the report by the Ministry of Public Security on the implementation of the Action Programme to Prevent and Combat Human Trafficking (2016–20), for the first six months of 2016, human trafficking remained a problem in Viet Nam, especially trafficking in children. Moreover, according to the statistics from the local departments of labour, invalids and social affairs (DOLISA), children under 16 years accounted for 9 per cent out of the 2,204 trafficking victims who were provided with assistance since 2011. The Committee also noted that several decrees and circulars were promulgated regarding the identification and protection of trafficking victims. The Committee requested the Government to continue to provide information on the number of child victims of trafficking who were provided with assistance and education or vocational training.

The Committee notes the Government’s information that more than 1,000 victims of trafficking received assistance from DOLISA. For child victims, the local governments provide guidelines on the granting of birth certificates for them. The Government also indicates that from 2016 to 2018, the three peace houses operated by Viet Nam Women’s Union received and provided assistance for 74 human trafficking victims who were women and children. The victims were provided with a health check, medical services, psychological treatment and counselling, literacy education, vocational training, career orientation employment-seeking help, as well as legal assistance and advice, among others. While taking note of the information provided by the Government, the Committee observes that the number of child victims of trafficking identified and provided with assistance is not clear. The Committee requests the Government to provide specific information on the number of child victims of trafficking identified and provided with targeted assistance and education or vocational training by the local departments of labour, invalids and social affairs, as well as by other victim support centres, including peace houses.

Article 7(2)(d). Identify and reach out to children at special risk. Street children. The Committee previously noted the Government’s statement that, in 2014, more than 1,473,000 children in vulnerable situations were identified, including around 22,000 street children. The Committee also noted the adoption of the Children Law in 2016, of which section 10 determines 14 groups of children in vulnerable situations, including homeless street children. The Committee therefore requested the Government to provide information on the application of the 2016 Children Law regarding the protection of street children from the worst forms of child labour.

The Committee notes the Government’s reference to provisions of the 2016 Children Law prohibiting all forms of child exploitation. However, there is no information provided in the Government’s report regarding the protection of street children from the worst forms of child labour. The Committee therefore once again requests the Government to provide information on the application of the 2016 Children Law regarding the protection of street children from the worst forms of child labour, including the number of children living on the street identified and provided with direct assistance for their rehabilitation and social integration.

Article 3(b) of the Convention. Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. The Committee previously noted the Government’s information on the implementation of the Programme of Action to Combat Prostitution (PACP) 2011–2015. However, no concrete information on specific measures targeting child prostitution was provided in the Government’s report. The Committee also noted that, according to section 147 of the 2015 Criminal Code, persuading, enticing and forcing a person under 16 years of age to participate in a pornographic performance constituted an offence. However, the provisions of the 2015 Criminal Code did not appear to prohibit the use, procuring or offering of a child aged 16–18 for the production of pornography or for pornographic performances. The Committee therefore urged the Government to take the necessary measures to ensure that the use, procuring or offering of a child under 18 years for the production of pornography or for pornographic performances was prohibited. It also requested the Government to provide information on the targeted measures undertaken to combat the commercial sexual exploitation of children under 18 years of age, as well as on the results achieved.

The Committee notes the Government’s information in its report that the PACP 2016–2020 has been adopted and implemented with measures to eliminate prostitution, including prostitution of children under 18 years of age. The Government also indicates that Viet Nam signed up to the statements of actions against the use of the internet for the sexual exploitation of children at the 2014 Summit in London, aimed at tackling online child sexual exploitation. The Committee also notes that, according to the statistical information provided by the Government, from 2016 to 2018, the authorities detected and prosecuted a large number of persons violating regulations on prostitution, including six persons who were punished under the criminal law for buying sex from children. During the first six months of 2019, four cases involving the purchase of sex from persons under 18 years of age were recorded, of which two were referred to the People’s Prosecutor’s Office. The Government also refers to the arrest and extradition of a US citizen to the US authorities, who was prosecuted for the crime of “receipt and distribution of child pornography” and “keeping child pornography”.

While taking note of the measures undertaken by the Government, the Committee once again reminds the Government that, by virtue of Article 3(b) of the Convention, the use, procuring or offering of a child under 18 years for the production of pornography or for pornographic performances, is considered as one of the worst forms of child labour, while section 147 of the Criminal Code only punishes persuading, enticing and forcing a person under 16 years to participate in a pornographic performance. The Committee therefore strongly urges the Government to take the necessary measures to ensure that the use, procuring or offering of a child under 18 years for the production of pornography or for pornographic performances is prohibited, by amending section 147 of the 2015 Criminal Code, and to provide information on any progress made in this regard. The Committee also requests the Government to continue to provide information on the targeted measures undertaken to combat the commercial sexual exploitation of children under 18 years of age, as well as on the results achieved, including the number of persons arrested, prosecuted and sentenced for the commercial sexual exploitation of children, as well as the penalties imposed.

Article 7(2)(b). Effective and time-bound measures to provide assistance for the removal of children in the worst forms of child labour and for their rehabilitation and social integration. Child victims of commercial sexual exploitation. The Committee previously noted that the Committee on the Rights of the Child (CRC) expressed its concern about the increasing number of children involved in commercial sexual activity. The CRC also expressed its concern that children who were sexually exploited were likely to be treated as criminals by the police, and that there was a lack of specific child-friendly reporting procedures. The Committee requested the Government to provide concrete information on the effective and time-bound measures taken to remove children from commercial sexual exploitation and to provide them with the appropriate assistance for their social integration.

The Committee notes the Government’s information that, from 2016 to 2018, there were 113 persons under 18 years of age among 13,341 documented persons engaged in prostitution. The Government also indicates that three persons under 18 years of age who were engaged in prostitution were detected during police activities, of which one received punishment. In the first six months of 2019, four persons under 18 years of age were found engaged in prostitution, of which three received administrative penalties. The Government further indicates that, as reported by the Supreme People’s Prosecutor’s Office, the number of children engaged in prostitution increased during the first six months of 2019, with many children of ethnic minorities, living in remote areas or in difficult circumstances. The Committee also notes that Decree No. 56/2017/ND-CP was adopted in September 2017 to implement some provisions of the 2016 Child Law regarding child abuse, including sexual abuse. The Decree also provides that children in special circumstances, including sexually abused children, are entitled to healthcare, social assistance, education and vocational training assistance, legal assistance, psychological counselling, and other child protection services. In 2017–18, 48.28 per cent of the sexually abused children were provided with psychological assistance; 15.96 per cent of the children were provided with social assistance; 9.41 per cent of the children were provided with healthcare; 6.27 per cent were provided with legal assistance; 1.57 per cent were provided with assistance in education and vocational training; and 3.53 per cent were provided with other child protection services. However, the Committee observes that it is not clear whether the sexually abused children are victims of commercial sexual exploitation.

Noting that several persons under 18 years received administrative penalties for their engagement in prostitution, the Committee must emphasize that children who are used, procured or offered for prostitution should be treated as victims, and not as offenders (see the 2012 General Survey on the fundamental Conventions, paragraph 510). The Committee therefore requests the Government to take the necessary measures to ensure that children engaged in prostitution are treated as victims rather than offenders and therefore are not punished for their engagement in prostitution, and that they receive the services necessary for their rehabilitation and social integration. It also requests the Government to provide information on any progress made or results achieved in this regard, including the training provided to relevant authorities dealing with prostitution, as well as the number of children identified as victims of commercial sexual exploitation and provided with assistance for their rehabilitation and social integration, through education, vocational training or jobs. The Committee finally requests the Government to clarify the definition of sexual abuse under the 2016 Child Law and to ensure that the information provided reflects the situation of child victims of commercial sexual exploitation, including prostitution.

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

Articles 1 and 2 of the Convention. Implementation of a national employment policy. The Committee notes that, according to the Memorandum of Understanding signed between the Government, workers’ and employers’ organizations and the ILO on 5 December 2017, the Decent Work Country Programme (DWCP) 2017–21 is currently being implemented in Viet Nam. The DWCP seeks to promote decent employment and an enabling environment for sustainable entrepreneurship opportunities; reducing poverty by extending social protection to all, reducing unacceptable forms of work, especially for those in vulnerable situations; and building effective labour market governance. The DWCP also contemplates promoting formalization of the informal economy, maintaining and expanding opportunities for freely chosen and productive employment for women and men through migration and better preparedness for jobs, and sustainable entrepreneurship in value chains. The Committee further notes the information provided by the Government concerning the impact of the National Employment Programme 2012–15. The Government reports that measures have been taken by the provinces with a view to improving the implementation of labour market support activities, including improved coordination with socio-economic development programs, the establishment of new infrastructures, and labour market surveys. Moreover, the Government reports that the project on job creation loans has contributed to poverty reduction, the development of business environments, and the creation of job opportunities for groups vulnerable to decent work deficits, such as persons with disabilities and ethnic minorities. The Government also refers to the implementation of activities aimed at job creation within the scope of the project on “Development of employment and labour market” under the Targeted Program on Vocational Education, Employment and Occupational Safety for the period 2016–20. The Committee notes that the Government organizes regular sessions focused on providing employment advice via the public employment service centres where, on average, out of 400–500 employees per session, 80–90 per cent are young workers. The Committee requests the Government to provide detailed up-to-date information, including statistical data disaggregated by sex and age, on the nature and impact of active labour market measures implemented to promote full, productive and freely chosen employment, including those implemented in the framework of the Decent Work Country Programme (DWCP) 2017–21. The Committee reiterates its request that the Government provide information on the procedures for deciding on and reviewing employment measures implemented within the framework of an overall economic and social policy.

Collection and use of labour market information. The Committee notes the detailed statistical information provided by the Government on labour market trends during the period 2008–17. The Government indicates that from 2016 to 2017 there was a 0.18 per cent increase in the number of employed workers. It adds that in 2017 male workers accounted for 51.82 per cent of the workforce, whereas female workers accounted for 48.18 per cent. Young persons made up 24.16 per cent over the work force, while the percentage of middle-aged and elderly workers was estimated at 67.07 per cent and 8.76 per cent respectively. The Government reports that in 2017 the number of unemployed people reached 1.081 million, with young people aged 15–24 making up more than half of this number. In this context, the Committee notes the decrease in Viet Nam’s unemployment rate in 2017 compared to 2016. The national unemployment rate in 2017 was 2.26 per cent, while the unemployment rates in urban and rural areas were estimated at 3.19 per cent and 1.79 per cent respectively. The Government also refers to improvements in the labour market information system, which forms the foundation for informed development of labour market policies. The Committee requests the Government to continue to provide updated labour market information on the situation, level and trends of employment, unemployment and visible underemployment, disaggregated by age, sex and region.

Informal economy. The Committee notes that, according to the DWCP 2017–21 report, informal workers in Viet Nam typically face low incomes, limited opportunities for skills development, and unsafe working conditions, often working without an employment contract and without social protection. Their precarious working conditions make such workers vulnerable to external shocks, particularly in the face of increased international competition. With respect to the informal economy, the number of workers in 2016 increased by 4.23 per cent compared to 2015, in line with overall trends in annual growth during the period 2014–16. According to the ILO 2016 report on informal employment in Viet Nam, informal economy workers, including agricultural, forestry and fisheries workers, made up 78.6 per cent of the total labour force. The Committee notes that there were more men (56.4 per cent) than women in informal employment. The Committee further notes that, according to the ILO country brief on Viet Nam, informal employment affected four out of five (79.5 per cent) young workers in Viet Nam in 2015. The Committee requests the Government to continue to provide detailed up-to-date information, including statistical data disaggregated by sex and age, on rates of informality in the country, and to provide detailed information on the measures taken to facilitate the transition of workers, including ethnic minorities and other disadvantaged groups, from the informal to the formal economy.

Rural employment. In response to the Committee’s previous comments, the Government reports on the implementation of a number of measures aimed at promoting rural employment, such as the issuance of a credit package of 100,000 billion Vietnamese dongs (VND) intended to support production, develop industries and create jobs for rural workers. It also refers to measures on the accumulation of land, aimed at attracting more workers. The Committee notes that the program contributed to the creation of jobs for over 114,000 workers, of which 90 per cent were workers in rural areas. The Government also indicates high unemployment rates among young people in the 15–24 age group residing in rural areas. In the context of the project Vocational Training for Rural Workers by 2020, the Committee notes the amendments to Decision No. 1956/QD-TTg, introduced by the Government to improve the effectiveness of the project in line with the needs of rural workers, by combining vocational training with strategies and plans for socio-economic development. The Committee further notes the Government’s efforts to improve access to training, as well as to enhance their quality and efficiency. With regard to project implementation at the provincial level, the Government reports on the implementation of different models, such as a model tailored towards workers in specialized areas, workers in craft villages, or short-term vocational training for farmers living in local communities. The Committee notes that, in the context of the program, 7.2 million rural workers received vocational training, 3.98 million received support for vocational trainings, and 40.7 per cent of beneficiaries of the program continued to work in the agricultural sector. As a result of the program, more than 80 per cent of rural workers either acquired new jobs or remained in the same employment, but now benefit from higher income and productivity. The Committee requests the Government to continue to provide updated information on the impact of the project Vocational Training for Rural Workers by 2020. The Committee also requests the Government to provide information on the implementation and results of the Targeted Program on Vocational Education–Employment and Occupational Safety for the period of 2016–2020, including statistical data on the number of trainings and beneficiaries disaggregated by age and sex. Further, it requests the Government to report on specific measures undertaken within the framework of the amendment of Decision No. 1956/QD TTg and their impact on employment in rural areas.

Groups vulnerable to decent work deficits. In response to the Committee’s previous comments, the Government reports on the implementation of synchronized measures designed to promote job creation, with special emphasis on workers with disabilities, ethnic minorities and young workers. The Government reports that it is updating labour supply databases with data on these groups to inform the development of new policies aimed at job creation. In this context, the Government adopted measures to promote the employment of persons with disabilities and young persons, including the granting of loans, prioritisation of capital lending and providing support to young people creating start-ups. The Government indicates that out of 114,000 workers who benefited from preferential loans for job creation in 2017, 50 per cent were young workers, 6,112 were ethnic minorities, and 2,540 were persons with disabilities. In this context, the Government lists consultations, support for young entrepreneurs as well as vocational training intended for those who have completed military service, police duties or volunteered to perform socio-economic development projects. With respect to the employment of women, the Committee notes the 2015 observations of the Committee on the Elimination of Discrimination against Women (CEDAW/C/VNM/CO/7-8), in which it expressed concern regarding the persistence of occupational segregation of women in the public and private sectors and their lack of access to higher-paid jobs. The Government reports that during the period 2006–16, women’s participation in the labour force has been consistently lower than that of men. In addition, women are underemployed in certain sectors of the labour market. The Committee requests the Government to provide updated detailed information on the content and impact of policies aimed at promoting employment and the creation of decent jobs for specific groups of workers, including increased focus on women, as well as continuing focus on workers with disabilities, ethnic minorities and young persons.

Education and training. In response to the Committee’s previous comments, the Government reports on the creation of the Targeted Programme on Vocational Education, Employment and Occupational Safety for the period of 2016–20, which seeks to respond to the needs of the labour market by improving the quality of vocational education and training. It indicates that the social partners are consulted on the development of education and training programmes through workshops, expert meetings and written requests for feedback. The Government refers to changes in the public approach to vocational training, which is now considered as an effective means for accessing stable employment with higher income as well as for acquiring the knowledge and skills crucial to securing employment. The Government indicates, however, that short–term vocational training for young people in rural areas has not created a difference in employment and income for participants, compared to those who have not benefited from vocational training. The Committee also notes that, according to the DWCP 2017-2021, 59.4 per cent of adult women have reached at least a secondary level of education compared to 71.2 per cent of men. The Committee requests the Government to provide information on measures taken to ensure equal access of women to vocational guidance and education relevant to all economic sectors and all levels of responsibility, and the impact of such measures on women’s ability to engage in the broadest possible range of economic activities, including in non-traditional occupations and higher-paid jobs. The Committee reiterates its request that the Government provide detailed information on the implementation and results of the specific measures undertaken within the scope of the Vocational Training Strategy for the period 2011–2020, in particular their impact on employment creation for young people in rural areas. It also requests the Government to provide updated information on the implementation of measures developed under the Targeted Program on Vocational Education, Employment and Occupational Safety and Health for the 2016-2020 period and their impact on access to full and productive employment.

Employment services. In response to the Committee’s previous comments, the Government reports that the activities of the employment service centres (VTC) are regulated by article 38 of the Employment Law and Decree No. 196/2013/ND-CP stipulating the establishment and operation of the VTCs, adding that these have been strengthened via the allocation of additional resources. The Committee notes that the VTC’s tasks include job counselling for workers, acting as intermediaries between workers and employers with regard to recruitment issues, collecting and analysing information on the labour market, implementing employment programmes, and providing vocational and skills training. The Government reports that in 2017, 953,545 workers obtained lasting employment as a result of their visit to one of the employment service centres. The Government adds that the centres have provided job consultancy services for an estimated 8.17 million workers. The Committee requests the Government to continue to provide detailed information on the implementation of tasks of the employment service centres and to provide information on their impact in relation to access to lasting employment, especially with regard to young people, people with disabilities and ethnic minorities. It further requests the Government to provide statistical data, disaggregated by age and sex, on the number of beneficiaries in relation to obtaining access to lasting employment. The Committee also requests the Government to provide detailed information on the frequency and the extent of the involvement of the social partners in the design and delivery of education and training programmes in the manner which responds to the needs of the labour market.

Article 3. Consultation with the social partners. In response to the Committee’s previous comments, the Government reports on several activities undertaken by the tripartite Employment Policy Drafting Board (EPDB) aimed at the development of employment policies and programmes. The activities of the EPDB also include organization of seminars on topics related to employment policies and the implementation of labour law. The Committee requests the Government to provide information on the implementation and results of the specific activities undertaken by the Employment Policy Drafting Board with regard to the development, implementation and review of employment policies and programmes. The Committee also reiterates its previous request that the Government provide information on the consultations held with the representatives of rural workers and workers in the informal economy.

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

Legislation. The Committee notes with interest the information provided by the Government indicating numerous legislative changes which occurred during the reporting period, including the adoption of the Law on Occupational Safety and Health (OSH) on 25 June 2015, which will enter into force on 1 July 2016, the adoption of the Labour Code in June 2012 and of a number of Decrees and Circulars. In this respect, with reference to its previous comments, it notes in particular the information provided on the effect given to Articles 2(2) and (3), 3(e), 5(a) and (b), 11(b), 13 and 19 (b), (c) and (e) of the Convention. The Committee requests the Government to continue to provide information on legislative measures undertaken with regard to the application of the Convention and to provide copies of relevant legislation adopted during the reporting period.

Article 4 of the Convention. Formulation, implementation and periodic review of a national policy on OSH in consultation with the social partners. The Committee draws the Government’s attention to the fact that the national policy provided for in Article 4 of the Convention entails a dynamic, cyclical process and requires periodic review to ensure that progress including scientific and technological change occurring in the working environment could be incorporated into the national policy. Accordingly, Article 4 provides that the periodic review of the national policy on OSH must be undertaken in consultation with the most representative employers’ and workers’ organizations. The Committee requests the Government to provide information on the manner in which the national policy on OSH is reviewed, in consultation with the social partners, and on the outcome of this review and the consultations held in this regard.

Article 5(e). Protection of workers and their representatives. The Committee notes the Government’s indication that section 140(2) of the Labour Code gives workers the right to remove themselves from work situations where their safety or health is threatened and that pursuant to section 10 of the Trade Union Law, a worker involved in a situation directly affecting their health and life shall be protected by a representative. The Committee draws the Government’s attention to the fact that the information provided is relevant to Article 13 of the Convention, while Article 5(e) concerns the protection of workers and their representatives from disciplinary measures for actions properly taken by them in conformity with national policy, which includes but is not limited to removal from dangerous situations. In this connection, the Committee refers to paragraphs 73–75 of its 2009 General Survey concerning occupational safety and health, on the scope of this Article. The Committee asks the Government to provide information on the manner in which not only workers but also their representatives, are protected from disciplinary measures as a result of actions properly taken by them in conformity with the national policy.

Article 11(a). Determination of working conditions. The Committee notes the indication that Circular No. 04/2008/TT-BLDTBXH was replaced by Circular No. 05/2014/TT-BLDTBXH dated 6 March 2014, which promulgates the list of machinery, equipment and materials with strict requirements for occupational safety, and that Circular No. 06/2014/TT-BLDTBXH dated 6 March 2014 was issued to provide regulations on the verification of occupational safety techniques over machinery, equipment and materials with strict requirements for occupational safety. However, the Committee notes that no information is provided with regard to the elements, other than technical equipment used at work, enumerated in Article 11(a) of the Convention. The Committee requests the Government to supply a copy of Circular No. 06/2014/TT-BLDTBXH, if possible in one of the working languages of the ILO, and to provide further information on measures taken or envisaged to give full effect to Article 11(a).

Article 12. Obligations of persons who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. The Committee notes that under section 147 of the Labour Code, machinery, equipment and materials with strict requirements on occupational safety must be inspected before being put into use and periodically inspected, during the course of utilization, by the organization of technical inspection of occupational safety. It also notes the list of Decrees, Circulars and Decisions relating to specific items of machinery and materials, including Circular No. 06/2014/TT-BLDTBXH. The Committee requests the Government to indicate the specific provisions of the abovementioned technical standards and procedures, and to provide information on any other measures, which give effect to each paragraph of Article 12.

Article 17. Collaboration between two or more undertakings engaging in activities simultaneously at one workplace. The Committee notes the Government’s indication that multiple undertakings operate on the same worksite in the construction sector, particularly on the site for the hydropower plant, and that they should set up a joint committee for fire-explosion prevention. Additionally, when OSH regulations are violated, the undertakings must interrupt the operation of the site until remedial measures are taken. The Committee wishes to emphasize that collaboration between two or more undertakings engaged in activities simultaneously at one workplace should apply to all sectors of economic activity and cover all of the requirements of this Convention. The Committee reiterates its request that the Government take the necessary measures, in law and in practice, to ensure collaboration in applying the requirements of this Convention whenever two or more undertakings engage in activities simultaneously at one workplace.

Article 19(b), (c) and (e). Arrangements at the level of the undertaking. The Committee notes the Government’s indication that the Inter-ministerial Circular on providing guidance on labour protection and business establishments (No. 14/1998/TTL-BLDTBXH-BYT-TLDLDVN) has been replaced by Circular No. 01/2011/TTLT-BLDTBXH-BYT, dated 10 January 2011, guiding the organization of labour safety and sanitation work in labour-employing establishments. It further notes that this Circular and sections 138 and 151 of the Labour Code provide for collaboration between employers and grassroots trade unions in the field of OSH. However, the Committee notes that sections 13 and 14 of Circular No. 01/2011/TTLT-BLDTBXH-BYT on the organization of labour protection councils apply only to establishments employing over 1,000 workers. The Committee requests the Government to provide further information on measures taken or envisaged to ensure that effect is given to subparagraphs (b), (c) and (e) of Article 19 in all undertakings, including those with no trade unions and those employing less than 1,000 workers.

Application in practice. The Committee notes the information provided by the Government in reply to its previous request concerning the measures taken to address the high number of accidents occurring in the sectors of construction, mining, electricity and agriculture. It also notes the Government’s indication that workers in the construction sector are still unwilling to use personal protective equipment and that seasonal and manual workers do not necessarily comply with OSH rules and measures. The Committee requests the Government to continue to provide information on measures taken or envisaged to address the abovementioned issues, and to provide information on the application of the Convention in practice, including extracts from inspection reports and, where such statistics exist, information on the number of workers covered by the legislation, the number and nature of infringements reported, and the number, nature and cause of accidents reported.

Comments adopted by the CEACR: Viet Nam

Adopted by the CEACR in 2021

C027 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C098 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C100 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C100 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C111 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C111 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

MLC, 2006 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Adopted by the CEACR in 2020

C014 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C029 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C029 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C081 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C081 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C120 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

A. General Provisions

OSH and its promotional framework (Conventions Nos 155 and 187)

I. Action at the national level

National policy

National system

National programme

II. Action at the level of the undertaking

B. Protection in specific branches of activity

Underground Work (Women) Convention, 1935 (No. 45)

Hygiene (Commerce and Offices) Convention, 1964 (No. 120)

C138 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C138 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C182 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C182 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Adopted by the CEACR in 2019

C122 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C155 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Comments adopted by the CEACR: Viet Nam

Display the list by:

Adopted by the CEACR in 2021

C027 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C098 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C100 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C100 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C111 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C111 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

MLC, 2006 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Adopted by the CEACR in 2020

C014 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C029 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C029 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C081 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C081 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C120 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

A. General Provisions

OSH and its promotional framework (Conventions Nos 155 and 187)

I. Action at the national level

National policy

National system

National programme

II. Action at the level of the undertaking

B. Protection in specific branches of activity

Underground Work (Women) Convention, 1935 (No. 45)

Hygiene (Commerce and Offices) Convention, 1964 (No. 120)

C138 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C138 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C182 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C182 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Adopted by the CEACR in 2019

C122 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C155 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)