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

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

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

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

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 initially made in 2014. The Committee also notes that the Government has been requested to provide information to the Committee on the Application of Standards at the 106th Session of the International Labour Conference for failure to supply reports and information on the application of ratified Conventions.

Repetition

Article 5 of the Convention. Effective tripartite consultations. The Government indicates in its report received in November 2014 that consultations are held between the Ministry of Labour, Invalids and Social Affairs and the social partners concerning the implementation of labour laws and regulations, the implementation of ILO Conventions and the examination of unratified Conventions. The Committee invites the Government to continue to provide information on the content and outcome of the consultations held on each of the matters regarding international labour standards covered by the Convention. Please indicate the nature of any reports or recommendations made as a result of the consultations.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 5 of the Convention. Effective tripartite consultations. In reply to the previous comments, the Government indicates in its report received in November 2014 that consultations are held between the Ministry of Labour, Invalids and Social Affairs and the social partners concerning the implementation of labour laws and regulations, the implementation of ILO Conventions and the examination of unratified Conventions. The Committee invites the Government to continue to provide information on the content and outcome of the consultations held on each of the matters regarding international labour standards covered by the Convention. Please indicate the nature of any reports or recommendations made as a result of the consultations.

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

Tripartite consultations required by the Convention. The Committee notes the Government’s first report on the application of the Convention, received in September 2010. The Government indicates that tripartite consultations on the matters covered by Article 5(1) of the Convention are ensured through comments provided during meetings held on a regular or unscheduled basis. In general, a meeting is organized to collect the comments directly and exchange views. The Committee invites the Government to give in its next report further particulars of the consultations held on each of the matters set out in Article 5(1) of the Convention, indicating the nature of any reports or recommendations made as a result of the consultations.