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

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

Article 5 of the Convention. Effective tripartite consultations. The Committee welcomes the detailed information provided by the Government concerning the tripartite consultations held - including with the Viet Nam General Confederation of Labour (VGCL), the Viet Nam Cooperative Alliance (VCA), and the Viet Nam Chamber of Commerce and Industry (VCCI) - on international labour standards matters and other matters concerning ILO activities. The Committee notes with interest that, following tripartite consultations, four ILO Conventions, including two fundamental Conventions, were ratified between 2019 and 2020, namely: the Convention on Employment Services, 1948 (No. 88); the Convention on Occupational Rehabilitation and Employment (Disabled Persons), 1983 (No. 159); the Convention on the Right to Organize and Collective Bargaining, 1949 (No. 98); and the Convention on Abolition of Forced Labour, 1957 (No. 105). In reply to the Committee’s previous request regarding the status of the possibility of ratifying the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Government indicates that the Ministry of Labour, Invalids and Social Affairs (MoLISA) issued a study plan and proposed the accession to Convention No. 87 (Decision No. 250/QD-LDTBXH dated 25 March 2022). To facilitate the process, several technical meetings for different target groups were envisaged between November and December 2022. The Government adds that, although Convention No. 87 has not been ratified yet, a number of its principles have been incorporated into the 2019 Labour Code, such as workers’ rights to establish, join and participate in trade union activities. The Government further indicates that, in the framework of a Memorandum of Understanding (MoU) on Cooperation in Promoting International Labour Standards in Viet Nam (2021–30), the MoLISA and the ILO Office in Vietnam agreed on developing a roadmap and recommendations to promote the ratification by Viet Nam of 15 ILO Conventions. In addition, the Government reports that, in the framework of the Inter-agency Working Group on fundamental international labour standards established in 2016, a broad range of actors, including relevant ministries, social partners and experts, exchanged information and discussed the possible ratification, implementation, and reporting of ILO Conventions.

The Committee observes that the social partners also participate in the elaboration process -developed with the support of the ILO Office in Hanoi - of reports on ratified Convention to be sent to the ILO, as required by article 22 of the ILO Constitution, by: (i) providing information - at the request of the MoLISA - on the implementation of the given Convention to be used in elaborating the report; (ii) participating in tripartite workshops to discuss the content of the draft reports; and (iii) providing comments in writing to the draft reports before their finalization and submission to the ILO. Lastly, the Committee notes the information provided by the Government regarding the tripartite consultations held on ILO cooperation activities, in accordance with Paragraph 6(a) of the Tripartite Consultation (Activities of the International Labour Organisation) Recommendation, 1976 (No. 152), including the development and implementation of the Decent Work Country Programme (DWCP) for the periods 2017–21 and 2022–26 and the evaluation of the implementation of the Better Work Viet Nam Program of 2019–22. Moreover, the MoLISA regularly organizes awareness-raising and training activities for social partners to disseminate the content and strengthen the implementation of ILO Conventions. The Committee requests the Government to continue to provide detailed updated information on the content and the outcome of the tripartite consultations held on all matters related to international labour standards covered by Article 5(1) of the Convention. It also requests the Government to provide information on the progress made towards the ratification of Convention No. 87 and the 15 Conventions identified in the above-mentioned MoU on Cooperation in Promoting International Labour Standards in Viet Nam (2021–30) as well as on tripartite consultations held in this regard.