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

Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159) - Viet Nam (Ratification: 2019)

Article 1 of the Convention. Definition and scope. Purpose of vocational rehabilitation. The Committee welcomes the comprehensive first report of the Government on the application of the Convention, noting with interest the series of measures taken to safeguard the rights of all categories of persons with disabilities in Viet Nam, ensure their access to vocational rehabilitation services and employment opportunities, including on the open labour market. In this context, the Committee notes the Government’s affirmation that Viet Nam’s ratification of the Convention forms part of its commitment to ensuring the rights of persons with disabilities through a rights- and equality-based approach aimed at shifting perceptions of persons with disabilities as dependents to seeing them as capable persons who can make decisions for themselves, supporting their integration into society through vocational rehabilitation and creation of employment opportunities. The Committee notes that the definition of “persons with disabilities” contained in section 2 of the Law on Persons with Disabilities of 2010 refers to a person who has an “impairment in one or more body parts or a functional impairment manifested in the form of a disability that causes difficulties in working, living or studying”. The Law recognizes that disabilities take many forms, including disabilities relating to: mobility, speaking and hearing, vision, neurological, mental, intellectual and other disabilities. The term “disability” is defined in section 3 of the Law to include different forms of disabilities, including those related to mobility, hearing and speaking, visual impairments, mental and neurological disabilities, intellectual disabilities and other disabilities. The Committee further notes the Government’s reference to section 2 of Decree No. 28/2012/ND-CP, which elaborates on the different forms of disability contemplated in section 3. In this regard, noting that the definition of “persons with disabilities” set out in section 2 of the Law on Persons with Disabilities refers to an impairment in one or more body parts or a functional impairment which causes difficulties in working, living or studying, the Committee observes that, in comparative practice, this approach tends to reflect a historical medical model of defining disability by referring to a person with a disability as impaired or “less-than” in some manner, whether physically, emotionally, intellectually or otherwise. (2020 General Survey on Promoting Employment and Decent Work in a Changing Landscape, paragraphs 649–650). Countries have progressively shifted from the medical model to a social, or human rights model, as reflected in both Convention No. 159 and the UN Convention on the Rights of Persons with Disabilities, 2006 (CRPD), which Viet Nam ratified in 2015. Also, while it takes note of the existence of Decree No. 28/2012/ND-CP, which elaborates on the different forms of disability contemplated in the law, the Committee finds that the definition set out in section 2 of the Law could be interpreted as covering only physical disabilities. With respect to Article 1 (2), the Committee notes the Government’s indication that the purpose of vocational rehabilitation as expressed in the legislation of Viet Nam is consistent with the principles of the Convention, as it seeks to assist persons with disabilities to enjoy equal opportunities to participate in social activities and integrate into the community. The Committee notes in this regard that Article 1(2) links the purpose of vocational rehabilitation closely to employment as a means of integration into society, providing that “each Member shall consider the purpose of vocational rehabilitation as being to enable a disabled person to secure, retain and advance in suitable employment and thereby to further such person’s integration or reintegration into society”. With respect to Article 1 (4) of the Convention, the Committee notes that the national legislation places persons with disabilities into three categories: particularly severe disabilities, severe disabilities and mild disabilities. The Government indicates that all categories of persons with disabilities are covered under the Convention. The Committee invites the Government to consider the possibility of amending the definition of a person with a disability set out in section 2 of the Law on Persons with Disabilities, 2010, in consultation with the most representative organizations of employers and workers as well as organizations of and for persons with disabilities, with a view to aligning the definition of persons with disabilities more closely to the human rights model, as expressed in Article 1 of the Convention or as set out in the UN Convention on the Rights of Persons with Disabilities. The Committee also requests the Government to provide further information on the manner in which the purpose of vocational rehabilitation is linked in law and practice to enabling persons with disabilities to secure, retain and advance in suitable employment as a means to enable them to integrate or reintegrate into the community, as contemplated by Article 1(2) of the Convention.

Articles 2, 3 and 4. National policy on vocational rehabilitation and employment of persons with disabilities. Equality of opportunity and treatment. Promotion of employment on the open labour market. The Committee notes the Government’s indication that the national policy on labour is expressed in section 4 of the Labour Code of 2019, which provides that state policies on labour must ensure gender equality, protect female employees, workers with disabilities, elderly workers and minors in employment. In addition, section 158 of the 2019 Code expresses the state policy on workers with disabilities, and provides that the State is responsible for protecting the labour rights and self-employment of workers with disabilities, adopting appropriate incentive policies for employers in creating jobs and accepting employees with disabilities, in accordance with the Law on Persons with Disabilities. With respect to the principle of equality of opportunity and treatment between workers with disabilities and workers generally, as well as between men and women with disabilities, the Committee notes that section 14(1) of the Law on Persons with Disabilities, 2010 prohibits discrimination on the basis of disability. In addition, section 3 (8) of the Labour Code of 2019 defines “labour discrimination” to include “discrimination on the grounds of race, skin colour, nationality, ethnicity, gender, age, pregnancy, marital status, religion, opinion, disability, family responsibility, HIV infection, establishment of or participation in a trade union or internal employee organization in a manner that affects equality of opportunity of employment”. This provision further establishes that “positive discrimination on the grounds of professional requirements, the sustainment and employment protection for vulnerable employees will not be considered as discrimination. The Government indicates that the Labour Code of 2019 retains the approach of the 2012 Labour Code in including specific provisions that regulate working conditions and occupational safety and hygiene, for the purpose of protecting the health of workers with disabilities. The Committee notes that sections 159 and 160 introduced in the 2019 Labour Code modify the protective approach taken by the 2012 Labour Code, explicitly requiring employers of persons with disabilities to consult these workers when deciding on issues related to their rights and interests (section 159(2)). In addition, section 160 of the 2019 Labour Code modifies the prohibition precluding employers from requiring employees with a disability from working overtime, at night or in heavy, hazardous or dangerous work, providing that workers with disabilities may consent to overtime or night work and may consent to heavy, hazardous or dangerous work if they so decide, after the employer has provided full information about the tasks concerned. In this respect, the Government notes that its national policy must be based on the principle of equality of opportunity between workers with disabilities and other workers, and seek to promote employment opportunities for persons with disabilities on the regular labour market, adding that the worker with a disability should be able to choose for themselves whether or not to undertake the forms of work contemplated in section 160 of the 2019 Labour Code. The Committee requests the Government to provide updated information on the manner in which the national legislation and policy effectively promote access to employment opportunities for both men and women with disabilities on the open labour market, as contemplated by Article 3 of the Convention. The Government is also requested to provide information on the implementation of sections 159 and 160 of the 2019 Labour Code and the impact of these provisions on increasing access to sustainable employment and decent work for persons with disabilities.

Article 5. Consultation on the implementation of the national policy. The Government refers to the Law on Promulgation of Legal Documents 2015, amended and supplemented in 2020, which requires the participation of those directly affected by a legal document (sections 34, 36, 57 and 76). It indicates that, in the process of drafting a legal document, the presiding agency or organization is required to consult the entities directly affected by the document and provide the full text of the legal document on the internet for at least 60 days, to enable agencies, organizations and individuals to comment. In addition to publishing, opinions on the legal document can be sought through direct consultation, sending draft documents for comments, organizing seminars, conferences and workshops through the mass media. In addition, the Government refers to Decree No. 53/2014/ND-CP of 26 May 2014 and Circular No. 27/2014/TT-BLDTBXH of 6 October 2014 which require consultation of representative organizations of employers and workers in the formulation of policies and regulations on labour and labour relations issues. The Government indicates that, under these measures, the state authorities are required to consult with representative organizations of employers and workers in the development and formulation of labour policies, including policies on vocational rehabilitation and employment for persons with disabilities. The Government does not, however, indicate the manner in which consultation with organizations of and for persons with disabilities is ensured, in addition to consultation with the social partners. The Committee requests the Government to provide information on the nature and scope of consultations held with the social partners, as well as with organizations of and for persons with disabilities, on the implementation of the national policy on vocational rehabilitation and employment of persons with disabilities, as expressed in legislation, policies, practices or other methods relevant to the application of the Convention.

Article 6. Measures taken to give effect to the Convention at the national level. The Committee notes the information provided by the Government with respect to Decision No. 753/QD-TTg of 3 June 2020, which mandated the Ministry of Labour, Invalids and Social Affairs (MOLISA) to coordinate with ministries, branches and localities to organize vocational education and employment services and improve care and support services for persons with disabilities. MOLISA was assigned to review and evaluate the provisions relating to persons with disabilities in the Act on Vocational Training, the Law on Employment and the Labour Code. In addition, the Decision charges MOLISA with, among other things, reviewing, updating and approving the list of vocational training, compiling statistics on persons with disabilities who require vocational training, developing plans for the vocational training and employment of persons with disabilities, organizing education and training for social workers and commune-level officials, developing and disseminating guidance documents on vocational education for persons with disabilities, directing, guiding and organizing vocational training for persons with disabilities and implementing lending policies for self-employed persons with disabilities and households or enterprises that employ persons with disabilities. The Government further reports that Decision 1190/QD-TTg of 5 August 2020 of the Prime Minister approved the support program for persons with disabilities from 2021 through 2030. From 2021 to 2025, the program will support: 200,000 persons with disabilities to receive vocational training and employment support; investment in facilities and equipment for specialized vocational education facilities in six regions of the country; and 90 per cent of persons with disabilities who are eligible with loans with preferential interest rates. From 2026 to 2030, the program will support 300,000 persons with disabilities with these services, supporting 100 per cent of persons with disabilities who are eligible with loans at preferential interest rates. The programme will also prioritize support to young persons and women with disabilities for starting their own businesses and provide loans with preferential interest rates to facilitate placement and employment expansion for enterprises employing persons with disabilities. In order to implement the Decision, MOLISA has requested provinces and central municipalities to develop implementation plans for the Program to support persons with disabilities 2021-2030. The Government indicates that many ministries, branches and Provincial People’s Committees have developed such plans. The Government also refers to propaganda and awareness-raising activities undertaken to promote the Convention in a variety of forms, including seminars, conferences, training courses and other means. Ministries and branches have printed and disseminated leaflets and posters on disability issues and Viet Nam television has also broadcast information on successful vocational training models aimed at creating jobs and supporting livelihoods for persons with disabilities. The Viet Nam Women’s Union has collaborated in the organization of training courses to raise awareness and build capacity for women with disabilities. MOLISA also directs the Office of the National Committee on Disabilities to closely coordinate with agencies and organizations of persons with disabilities, such as the Viet Nam Union of Persons with Disabilities and others to organize many media events to raise awareness of the rights of persons with disabilities. The Committee requests the Government to provide updated detailed information on progress made in implementing the Support Program for Persons with Disabilities 2021-2030, with respect to the vocational guidance, training, employment and placement services envisaged in the Program. In addition, the Committee requests the Government to provide information on the development and dissemination of guidance and advocacy documents and related activities aimed at raising awareness of the rights and capabilities of persons with disabilities in Viet Nam, particularly in rural areas and remote communities.

Article 7. Vocational guidance and training, placement and employment services. The Government reports that there are currently 1,912 vocational educational institutions in the country, including 402 colleges, 446 intermediate schools, 1,044 vocational education centres, two specialized vocational training schools and hundreds of institutions participating in provision of vocational training and job support for persons with disabilities. It further indicates that the total number of teachers participating in vocational training for persons with disabilities is 3,359, of which 824 teachers are on the payroll, 1,108 are on contracts of a year or more, and 1,149 are on contracts of under one year. The Government indicates that an average of 17,000 to 20,000 persons with disabilities receive vocational training each year, in the form of tutoring, education and training and learning-by-doing training. In addition, organizations of persons with disabilities and other organizations, such as the Viet Nam Red Cross Society, the Viet Nam Association for the Blind and others provide vocational training and job support for thousands of persons with disabilities each year. The Government indicates that these associations have organized vocational training in skills including reflexology, information technology, handicrafts, animal husbandry and agriculture, and managed 334 establishments and 139 handicraft production establishments operating as cooperatives, employing more than 4,000 employees. The Committee requests the Government to continue to provide updated detailed information, including statistical data disaggregated by age, sex and urban or rural areas, on the numbers of persons with disabilities receiving vocational guidance, education and training in vocational education institutions or through other delivery model, such as on-the job training, including in enterprises and cooperatives, and the impact of such training on access to lasting employment for men and women with disabilities, particularly on the number of persons with disabilities placed in employment. The Committee also requests the Government to indicate whether vocational training services are provided with adaptations as necessary, as contemplated in Article 7 of the Convention.

Article 8. Vocational rehabilitation and employment services for persons with disabilities in rural areas and remote communities. The Government indicates in its report that the People’s Councils and People’s Committees of several provinces and central municipalities have issued resolutions and decisions to implement vocational training policies, employment and funding for persons with disabilities. It adds that MOLISA instructs localities to spend at least five per cent of the target set in the state budget for vocational training support for rural workers for the organization of vocational training and job creation for persons with disabilities. The Government does not, however, provide information on specific measures taken or envisaged to promote the establishment and development of vocational rehabilitation and employment services for persons with disabilities in rural areas and remote communities, as contemplated by Article 8. It notes the Government’s indication that the reach of its awareness-raising activities and advocacy on disability issues are mostly concentrated in urban or densely populated areas, with the result that many persons with disabilities in remote and isolated areas are not aware of the contents of the Convention or of the policies designed to assist them. The Committee wishes to highlight the importance of implementing the Convention in rural areas and remote communities given that the vast majority of persons with disabilities in Viet Nam (some 75 to 80 per cent) reside in these areas. The Government is therefore requested to provide additional detailed information, including statistical data disaggregated by sex and age, on the nature, scope and impact of actions taken or envisaged to establish and provide vocational guidance and rehabilitation as well as employment recruitment and placement services in rural areas and remote communities in the country.

Article 9. Ensuring training and availability of appropriately qualified staff responsible for vocational guidance, training, placement and employment of persons with disabilities. The Committee requests the Government to continue to provide information on action taken or envisaged to ensure the training and availability of a sufficient number of suitably qualified staff responsible for providing vocational guidance, training, placement and employment services for persons with disabilities throughout the country, particularly in rural areas and remote communities.