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

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

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.