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

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

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.

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.