Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Viet Nam (Ratification: 1997)

Equality of opportunity and treatment of women and men

1. Legislative developments. The Committee notes with interest the adoption of the Law on Gender Equality in November 2006 which entered into force on 1 July 2007. The Law has a broad scope of application covering state institutions, a wide range of organizations, including enterprises, and individuals. Section 10 prohibits all forms of gender discrimination which is defined as any “act of restricting, excluding, not recognizing or not appreciating the role and position of men and women leading to inequality” (section (5)(5)). Sections 13 and 14 deal with equal treatment in the field of labour and in training and education respectively. While welcoming these provisions in the new legislation, the Committee regrets that the opportunity was not taken to introduce a definition of discrimination in employment and occupation in accordance with Article 1 of the Convention, including an explicit definition and prohibition of direct and indirect discrimination, including unintentional discrimination. The Committee requests the Government to provide detailed information on the measures taken to ensure the effective implementation of the Law on Gender Equality, including information on the following points:

(a)   progress made in reviewing laws and regulations concerning the employment of women from a gender equality perspective, including the list of occupations from which women are barred by reason of physical burden or hazardousness;

(b)   the number, nature and outcome of any complaints received and addressed by the competent authorities pursuant to sections 13 and 14 of the Law on Gender Equality;

(c)   any measures taken or envisaged to provide training to relevant target groups, including public officials, workers’ and employers’ organizations, concerning the meaning and implications of the principle of equality of opportunity and treatment in employment and occupation, as established by the Convention.

2. Situation of women in employment and occupation. The Committee notes from the Government’s report that under the National Action Plan for the Advancement of Women (2001–10) ministries and government agencies at all levels have established action plans which contribute to the creation of jobs for women. According to the report, a large number of women work in sectors such as the garment and footwear industries and in traditional crafts. Between 2001 and 2005, the Government was able to create jobs for 7.54 million persons, 46 per cent of whom were women. Women’s urban unemployment rate decreased from 6.98 per cent to 6.14 per cent, compared to a decrease in the overall urban unemployment rate from 6.28 per cent to 5.31 per cent. During the same period, some 5,326 persons received vocational training, 33 per cent of whom were women. The Committee also notes from the Vietnam Country Gender Assessment prepared in 2006 by the World Bank, the Asian Development Bank, the United Kingdom’s Department for International Development and the Canadian International Development Agency that, according to a 2004 survey, 26 per cent of working women had their main job in wage employment, compared to 41 per cent of men, and that women have fewer training and career opportunities. The Committee encourages the Government to continue to take measures to address women’s inequality in employment and occupation and requests it to provide in its next report information on the action taken and the results achieved, including on measures taken to increase the access of women, particularly in rural areas, to training and employment in a wider range of sectors and occupations, and to credit services. The Committee also requests the Government to provide detailed statistical information on the participation of men and women in training and employment and work, including in high-level positions (in the private and public sectors, as well as the informal economy).

3. Discriminatory recruitment practices based on sex. Recalling its previous comments concerning the existence of employment practices that discriminate against women, such as giving preference to male job applicants and discouraging female applicants by establishing requirements prohibiting marriage or pregnancy during a certain period following recruitment, the Committee notes that widespread discriminatory recruitment practices were also reported by the abovementioned 2006 Vietnam Country Gender Assessment. The Committee requests the Government to take urgent measures to end such practices and to report on the measures taken to this end in its next report.

4. Sexual harassment. The Committee notes the Government’s indication that the legislation does not provide for a formal definition of sexual harassment. However, section 111(1) of the Labour Code prohibits any discriminatory conduct against a female employee, as well as conduct degrading her dignity and honour. In addition, a worker can bring a case under section 121 of the Penal Code (“humiliating other persons”). The Committee requests the Government to indicate whether any cases of sexual harassment have been addressed under the abovementioned provisions, and whether any activities to raise awareness concerning this issue are being undertaken. Noting that the Law on Gender Equality does not explicitly address sexual harassment, the Committee urges the Government to consider the inclusion of specific legislative provisions defining, prohibiting and preventing sexual harassment at the workplace.

Equality of opportunity and treatment of ethnic minority groups

5. The Committee notes from the 2006 Vietnam Country Gender Assessment that nearly twice as many ethnic minority heads of household work in agricultural self-employment and they are half as likely to be in wage employment. In its report, the Government indicates that it has been implementing a number of policies to promote better employment and vocational training for persons of ethnic minority origin. The Government states that under Decree No. 39/2003/N§-CP of 8 April 2002, the Committee on Ethnic Minority Affairs and the Ministry of Labour, Invalids and Social Affairs are responsible for proposing preferential policies concerning the employment of ethnic minority workers. In addition, the Government refers to Decision No. 267/2005/QD-TTg of 31 October 2005 relating to vocational training for ethnic minority groups, and Decision
No. 134/2004/QD-TTg of 20 July 2004 which addresses issues relating to the access of ethnic minority households to land and water. The Government also reports that many programmes and projects had been implemented in areas where ethnic minority groups live to support vocational training and employment creation under the respective provincial plans, including through improving access to labour market information. The Committee requests the Government to provide detailed information on the implementation of the abovementioned measures and policies, including statistical information on the participation of ethnic minorities in training, education and employment. It also requests the Government to provide more information on the programmes and projects implemented in ethnic minority areas, indicating the type of training provided, the kind of occupations and employment promoted, as well as the measures taken to consult with the groups concerned in the process of developing and implementing these programmes.

Discrimination based on political opinion, religion,
colour and national extraction

6. Recalling its previous comments concerning the absence of any legal provisions prohibiting discrimination based on political opinion, colour and national extraction, and noting the Government’s statement that such discrimination did not exist in Viet Nam, the Committee draws the Government’s attention to the fact that since combating discrimination is an ongoing process, it does not accept statements to the effect that discrimination is non-existent in a given country. The absence of discriminatory provisions in the law and the fact that no complaints are being raised with the authorities are not considered to be an indication of the absence of discrimination altogether. The Committee stresses that the application of the Convention is a permanent process that requires continuing vigilance and action to promote and ensure equality of opportunity and treatment in relation to all the forms of discrimination covered by the Convention. The Committee, therefore, requests the Government once again to provide information on any measures taken or envisaged to ensure the Convention’s application, in law and in practice, with respect to equality of opportunity and treatment irrespective of political opinion, national extraction and colour. In the absence of a reply from the Government, the Committee also reiterates its previous request for information on the application of section 8 of Ordinance No. 21/2004/PL-UBTVQH11 regarding religious beliefs and religious organizations, which prohibits discrimination on religious grounds, indicating the manner in which it provides protection against religious discrimination in employment.

Measures affecting individuals who are justifiably suspected of,
or engaged in, activities prejudicial to the security of the State

7. In its previous comments, the Committee sought information from the Government on the application of section 36 of the Penal Code under which a ban from holding certain posts, or bans from practising certain occupations or doing certain jobs can be imposed when it is deemed that to allow the sentenced persons to hold such posts, practice such occupations or do such jobs, may cause harm to society. The Committee has requested this information in order to assure itself that section 36 is not unduly limiting the protection intended by the Convention, particularly from discrimination based on grounds such as religion or political opinion. Noting that no information has been provided by the Government on this matter, the Committee once again requests the Government to provide information on the application of section 36 of the Penal Code in practice, indicating the number of bans imposed under it, as well as the offences in connection to which such bans where imposed. The Committee also requests the Government to indicate whether the persons on whom a ban under section 36 has been imposed have the right to appeal to an independent body.