ILO

Back to index

Support to development in industrial relations, wage fixing and labour law implementation institutions and capacity in Viet Nam - Final Evaluation

eval_number:

2304

eval_url:

https://webapps.ilo.org/ievaldiscovery/eval/2304

lessons_learned:

themes:

theme:

Child labour

category:

Child labour, forced labour, human trafficking and slavery

---

comments:

Government partners

challenges:

- Each Decree has its purpose, and the relevant provisions are described as a method for the purpose. The provisions must be applicable and easy to practice, otherwise we cannot achieve its goal. However, provisions which have practical problems still exist. ILO should advise more strongly incorporate the provision can be expected to be actually implemented in companies/factories in Vietnam. In order to solve the problem, ILO should provide the view of practice and introduce international experience and the suggested provisions should be made applicable. It is also important that the decree should be more simple and reader-friendly to secure compliance and enforcement. -ILO’s mandate is giving advice based on ILS, ILO conventions and so on, but in the case when there is significant gap between ILS and the country characteristic and state, the advice is difficult to approve and tend to be ineffective.

success:

Capacity building is essential but must seek to build on existing capacities of the Government

context:

ILO IR project Phase II has done significant technical and financial support to MOLISA to develop Decrees for the 2012 Labour Code and Trade Union Law which aims to promote greater compliance with ILS within limits of that set be the law itself, and also cooperate and assist the tripartite partners on each provision of the laws and regulations through bringing international experience and local stakeholder voices to the table. The project in its design, anticipated support to 3 substantial Decrees to be developed and adopted. In fact, in the first 3 years since the adoption of the LC and TUL, the Government has issued more than 20 Decrees and accompanying circulars to provide detailed direction on the laws. In this context, the IR Project has provided technical input into the development of 14 of these Decrees.

description:

Enforcement of legislation requires considerable resources (in terms of manpower, infrastructure and funds). Thus, development and amendments processes to legal frameworks must be simultaneously done with costing strategies to ascertain the resources required in enforcement. In other words, in order for new legislation to be effective, the costs of implementation should be calculated and the appropriate legislative, executive and judicial authorities should make commitments to establish, strengthen or expand the coverage of the institutions and programmes necessary for implementation.

administrative_issues:

Limited project duration for creation of changes of the system

url:

https://webapps.ilo.org/ievaldiscovery/lessons/190215

---

location:

country:

Viet Nam

region:

Asia and the Pacific

---

eval_title:

Support to development in industrial relations, wage fixing and labour law implementation institutions and capacity in Viet Nam - Final Evaluation