Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

Forced Labour Convention, 1930 (No. 29) - Viet Nam (Ratification: 2007)

Articles 1(1) and 2(1) of the Convention. Work exacted in drug rehabilitation centres. In its previous comments, the Committee noted that under the 2012 Law on Handling Administrative Violations (sections 95, 96, 103 and 104), drug addicts who have reached the age of 18 can be sent upon decision of a district-level People’s Court to compulsory drug rehabilitation centres for a period of 12 to 24 months to receive medical treatment, perform labour and pursue general education. It noted that Decree No. 221/2013/ND-CP (as amended by Decree No. 136/2016/ND-CP) regulates the labour conditions for persons treated in compulsory drug rehabilitation centres and prohibits exploitation of their labour force.

In reply to the Committee’s request, the Government indicates that, from January 2020 to Decembre 2022, public drug rehabilitation centres provided rehabilitation for 63,253 drug addicts. At the end of February 2023, a total of 23,185 persons were undergoing compulsory rehabilitation in public drug rehabilitation centres, and 3,603 engaged in voluntary rehabilitation. A total of 2,579 persons stayed in the establishment waiting for the confirmation of their drug addiction status. The types of work performed by persons subject to compulsory drug rehabilitation include cooking, ornamental work, raising poultry and production of unburnt bricks. The Government also refers to the adoption of Decree No. 116/2021/ND-CP (which replaces Decree No. 221/2013/ND-CP and Decree No. 136/2016/ND-CP). Pursuant to section 25 of that Decree, rehabilitation labour in drug rehabilitation centres aims to help drug addicts improve their physical and mental health, enhance their sense of organization and discipline at work, and increase their independence and awareness of the value of labour. Drug rehabilitation centres that organize rehabilitation labour or their employer partners must ensure compliance with the labour law (section 61).

The Committee further notes the adoption of the Law on Prevention and Control of Narcotic Substance in 2021. According to section 28 of this Law, rehabilitation measures for drug addicts consist of voluntary rehabilitation (which can take place in families, communities or rehabilitation centres) and compulsory rehabilitation in public drug rehabilitation centres. Therapeutic work is included as one of the rehabilitation measures that must be carried out by persons undergoing compulsory drug rehabilitation. The Government clarifies that drug addicts engaged in voluntary rehabilitation do not have to perform rehabilitation labour. The Committee also observes that, pursuant to section 32 of the law, persons above 18 years of age who are subject to the administrative remedy of compulsory rehabilitation in rehabilitation centres include those who: (i) fail to register for, fail to undergo or stop voluntary rehabilitation without permission; (ii) are undergoing voluntary rehabilitation and are found to have used a narcotic substance illegally; (iii) are dependent on opioids and fail to register for, fail to undergo or stop opioid substitution therapy without permission or are forced to terminate opioid substitution therapy after committing a violation against regulations on dependence treatment; and (iv) relapse while subject to post-rehabilitation management.

In this regard, the Committee wishes to recall that work imposed in drug rehabilitation centres under compulsory rehabilitation can only be excluded from the scope of the Convention if it meets the requirements set forth in Article 2(2)(c), namely: (i) it should be imposed on a person as a consequence of a conviction in a court of law; (ii) it must be subject to the supervision and control of a public authority and; (iii) the person shall not be hired to or placed at the disposal of private entities. No compulsory labour may be imposed unless the person concerned has been found guilty of an offence and as a result of a due process of law. This implies respect for the guarantees necessary for defence and a clear definition of the offence ( 2007 General Survey on the eradication of forced labour, paragraph 52).

The Committee observes that in the present case, it is not clear whether the situations enumerated under section 32 of the Law on Prevention and Control of Narcotic Substance constitute offences and whether the imposition of compulsory drug rehabilitation (that involves compulsory therapeutic work) constitutes a penalty for that offence. Moreover, from the reading of sections 40 to 43 of Decree No. 116/2021/ND-CP, the Committee understands that the request for the application of the remedy of consignment into a compulsory drug rehabilitation centre is made by the head of Division of Labour, Invalids and Social Affairs who shall prepare and transfer the dossier of the person concerned to the district-level People’s Court for decision. However, it is not clear whether the decision taken by the Court is the result of a court trial in which the drug addict is a party and can exercise his or her right to defence.

The Committee therefore requests the Government to clarify whether the imposition of therapeutic work as part of compulsory drug rehabilitation, under section 32 of the Law on Prevention and Control of Narcotic Substance, is the result of a conviction for the commission of an offence, and whether such a conviction is rendered by a court of law following a trial. The Committee also requests the Government to indicate in which cases a drug addict can undergo voluntary rehabilitation and in which cases that person is obliged to undergo compulsory drug rehabilitation. Lastly, the Committee requests the Government to provide examples of judicial decisions imposing compulsory drug rehabilitation in the cases prescribed under section 32 of the 2021 Law on Prevention and Control of Narcotic Substance.

Articles 1(1), 2(1) and 25. Trafficking in persons. 1. Institutional framework. The Committee notes that the Government indicates that the Prime Minister issued Decision No. 193/QD-TTg approving another Action Programme to Prevent and Combat Trafficking in Persons 2021–2025. In this context, the Government has adopted various implementation plans and inter-sectoral regulations, including in relation to prevention, investigation and support of victims. The Committee also notes that the Ministry of Public Security is leading the review of the Law on Prevention and Suppression of Trafficking in Persons. The Committee requests the Government to indicate the measures taken under the Action Programme to Prevent and Combat Trafficking in Persons 2021–2025, both at the national and provincial level, as well as information on any evaluation of the implementation of this programme, including in relation to progress achieved and challenges identified. The Committee also requests the Government to provide updated statistical information on trafficking in persons, if possible, disaggregated by gender and economic sector.

2. Protection of victims. The Committee notes that the Ministry of Labour has issued a Plan to support victims of trafficking for the period 2021–2025. In all provinces, a network of collaborators has been established at district and community levels for receiving and supporting victims in integrating into the community. Victims of trafficking are provided with support for temporary accommodation, psychosocial counselling and medical assistance, and can receive subsidies for meals and transportation. In addition, victims can benefit from vocational training, job placement and general education measures. The Committee further notes that, from January 2019 to the first half of 2023, 592 persons were recognized as victims of trafficking and received support. The Committee requests the Government to continue providing information on the early detection and effective protection of victims of trafficking in persons, who have benefited from protection and reintegration measures, including Vietnamese victims of trafficking in persons abroad, as well as on measures adopted to facilitate their voluntary repatriation.

3. Prosecution and application of penal sanctions. The Committee notes the adoption of Resolution No. 02/2019/NQ-HDTP by the Council of Judges of the Supreme People’s Court, containing guidelines for the application of section 150 of the Criminal Code which criminalizes trafficking in persons for sexual slavery and coercive labour. The Government indicates that, from January 2019 to December 2022, People’s Courts accepted 396 first-instance cases related to trafficking in persons and other related crimes. Out of 205 cases brought under section 150 of the Criminal Code, 197 were handled and tried. Courts sentenced 23 defendants to imprisonment for over 15 years, 157 for 7 to 15 years, 117 for 3 to 7 years, and 20 for 3 years or less. The Committee further notes that the Council of Judges of the Supreme People’s Court has organized training to guide the application of section 150 of the Criminal Code. A workshop was organized in collaboration with INTERPOL on collection of evidence in investigations concerning trafficking in persons. Training courses have also been conducted in collaboration with ASEAN and UNDP to strengthen capacities of prosecutors in the investigation of trafficking cases. The Committee requests the Government to continue strengthening the capacity of law enforcement bodies to identify and investigate properly cases of trafficking in persons for both labour and sexual exploitation so that alleged perpetrators can be brought to justice and convictions imposed under section 150 of the Criminal Code. The Committee requests the Government to provide information on the number of investigations, prosecutions and convictions concerning cases of trafficking in persons.

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