Viet Nam
The project supports the effective implementation of the Trade and Sustainable Development Chapter of the EU- Viet Nam Free Trade Agreement (chapter 13, EVFTA), contributing to sustainable global trade with social justice.
Viet Nam has ratified 9 out of 10 ILO Fundamental Conventions, 3 governance conventions, and 13 technical conventions.
Through economic transformations in recent decades, Viet Nam has successfully positioned itself as a key player in global supply chains. In a proactive move towards global integration, the country has actively engaged in negotiations, notably with the European Union (EU) on the EVFTA. This agreement, part of the new generation of Free Trade Agreements (FTAs) places significant emphasis on protecting labour rights and the environment, as outlined in its Trade and Sustainable Development Chapter.
The collaboration between the EU and Viet Nam underscores the commitment to upholding obligations derived from ILO membership and the 1998 ILO Declaration on Fundamental Principles and Rights at Work.
Objectives
The contribution to Sustainable Development Goal 8 on promoting inclusive and sustainable economic growth, employment, and decent work for all through improved labour relations and working conditions globally. In Viet Nam, the project aims to promote the ratification and application of ILO Fundamental Conventions within the framework of the EVFTA.
Achievements
In 2019, through strong partnerships based on trust, respect and close cooperation between the EU, ILO and Viet Nam’s tripartite constituents, ILO Convention No. 98 was ratified and the revised labour code was endorsed, yielding tangible results for labour reform efforts.
In 2020, ILO Convention No. 105 was ratified. Soon after, in 2021, a Memorandum of Understanding (MOU) was signed between the ILO and the Vietnamese government to promote the application of International Labour Standards in Viet Nam with the close participation of tripartite partners for the period 2021-2030. The project supports Viet Nam in achieving its commitment to ratify the remaining ILO Fundamental Conventions and Protocols, building on and consolidating the action of a previous ILO project (NIRF/EU Project). Additionally, the project aims to support Viet Nam within the framework of the MOU to ratify 15 more ILO Conventions.
In 2022, the first ever cases in the 25 years of existence of the Labour Arbitration Council of Dong Nai province were proposed and resolved at as a result of the long-term collaboration and cost-sharing with USDOL-NIRF project to promote the operation of the Labour Dispute Resolution system in Viet Nam.
Activities
In Viet Nam the project is centering its attention on the following objectives:
- Promoting the ratification of Fundamental Conventions and selected international labour standards and protocols.
- Supporting the constituents to effectively participate in national processes addressing gaps between national law and practice and targeted Conventions.
- Facilitating enhanced collaboration and dialogues between constituents, supply chain actors and trade partners to promote responsible business conduct in policy and practice.
- Supporting tripartite constituents to effectively fulfil their respective roles and obligations in reporting to the ILO supervisory bodies.
Resources
Guidance / Viet Nam
L5 so tay huong dan – CUOI
December 30, 2022
Guidance / Viet Nam
Forced or compulsory labour and Vietnamese Laws
July 6, 2022
Guidance / Viet Nam
ILO, Viet Nam join force to promote international labour standards and decent work for all
May 20, 2021
Guidance / Viet Nam
12 Frequently Asked Questions about International Labour Standards
February 22, 2020
Guidance / Viet Nam
Labour commitments under EU-Viet Nam Free Trade Agreement
February 12, 2020
Guidance / Viet Nam
Trade for Decent Work project Promoting the application of ILO Fundamental Conventions under the framework of EU – Viet Nam Free Trade Agreement
January 19, 2020
Guidance / Viet Nam
ILO Convention No. 98: Right to Organise and Collective Bargaining Convention
September 29, 2019
Guidance / Viet Nam
Promoting the application of ILO Fundamental Conventions under the framework of EU – Viet Nam Free Trade Agreement
July 19, 2019
Informative / Viet Nam
Memorandum of Understanding between the Ministry of Labour – Invalids and Social Affairs and the International Labour Organization on the Cooperation to Promote International Labour Standards in Viet Nam for the 2021-30 Period
January 1, 2021
Informative / Viet Nam
The intertwined journeys for social justice of ILO and Viet Nam
September 17, 2019
Informative / Viet Nam
Lawmakers agree Viet Nam should join ILO convention on collective bargaining
May 6, 2019
News / Viet Nam
ILO, Viet Nam join force to promote international labour standards and decent work for all
May 20, 2021
News / Viet Nam
Labour Commitment in EVFTA and Amendments and Supplements of the Labour Code 2019
April 4, 2021
News / Viet Nam
ILO welcomes milestone to end forced labour in Viet Nam
June 8, 2020
News / Viet Nam
Vietnam ratifies the Collective Bargaining Convention
July 26, 2019
News / Viet Nam
ILO congratulates Viet Nam, EU on signing Free Trade Deal
June 30, 2019
News / Viet Nam
ILO welcomes Viet Nam’s vote to ratify ILO fundamental convention on collective bargaining
June 14, 2019
News / Viet Nam
Labour chapter important to EU-Viet Nam free trade deal
May 16, 2019
Fundamental Conventions and select international labour standards and protocols ratified
Abolition of Forced Labour
Support for the ratification of the Abolition of Forced Labour Convention, 1957 (No.105)
The project organised technical and advocacy meetings for decision makers (key Ministries, the President Office, the National Assembly, and social partners) and assisted in the preparation of the dossier for the ratification of Convention No.105. The National Assembly voted for ratification of Convention No.105 in June 2020.
Action
- Drafting of the dossier for the ratification (2019)
- Technical meetings and advocacy workshops for Governmental authorities and stakeholders (2019-2020)
- Questions & Answers booklet on Convention No.105 (2020)
- Video on forced or compulsory labour (2022)
- Manual on the prevention of Forced Labour in drug rehabilitation centres (2022)
Results
- Ratification of Convention No.105 (2020)
- Implementation Plan for Convention No.105 (2022)
- Inputs for the Convention No.105 ratification dossier
- Awareness raised and capacity built for all citizens
- Awareness raised and capacity built for drug rehabilitation centres and other relevant stakeholders
Freedom of Association and Collective Bargaining
Support for the ratification of the Right to Organise and Collective Bargaining Convention, 1949 (No.98)
Upon its start, the project organised technical and advocacy meetings for decision makers (key Ministries, the Government Office, the President Office, the National Assembly, and social partners) to support the last phase of the ratification of Convention No. 98. Consequently, the National Assembly overwhelmingly adopted the ratification of Convention No.98 in 2019.
Action
- Technical consultation seminars (2019)
- Finalising of the dossier for the ratification (2019)
Results
- Ratification of Convention No.98 (2019)
- Implementation Plan for Convention No.98 (2021)
Support for the ratification of the Freedom of Association and Right to Organise Convention, 1948 (No.87)
The project provides technical and advocacy support towards the ratification of ILO Convention No.87.
Action
- Thematic report on the basic contents of the Convention (2022-2023)
- Report on conformity of the national legislation with the Convention (2022-2023)
- Questions and Answers Booklet on the Convention (2022)
Results
- Inputs towards the dossier for the ratification of ILO Convention No.87
Minimum Wage Fixing
Support for the ratification of the Minimum Wage Fixing Convention, 1970 (No.131)
In the framework of the Memorandum of Understanding between the ILO and the Government on the ratification of ILO Conventions (2021-2030), the project provides technical and advocacy support to attain the ratification of the Minimum Wage Fixing Convention, 1970 (No.131).
Action
- Technical meetings (2021)
- Drafting of the dossier for the ratification (2022-2023)
- Consultation workshops on the Convention No. 131 ratification dossier (2023-2024)
Results
- Awareness raised and capacity built of the technical team who is in charge of drafting the dossier for ratification
- Well prepared inputs for the consultation and submission processes
Constituents effectively participate in national processes addressing gaps between national law and practice and targeted conventions
Promotion of the application of International Labour Standards in Viet Nam
MOU signed between ILO and the Government with the close participation of social partners for ten years, between 2021-2030
The ILO and the Vietnamese Government have inked a Memorandum of Understanding to promote the ratification and implementation of international labour standards in Viet Nam for 10 years between 2021 to 2030. The document, signed on 20 May 2021 in Hanoi, establishes a cooperation framework between the MOLISA and ILO Viet Nam, ensuring the participation of representatives of workers and employers throughout. Viet Nam plans to ratify 15 more ILO Conventions, including a core convention on freedom of association during this period. Achieving reform in Viet Nam requires reducing the implementation gap in respect of Conventions Nos. 29, 87, 98, 100, 105 and 111, while increasing the level of compliance with ILO Fundamental Conventions under the EU-Viet Nam FTA.
Action
- Form the Inter-agency's expert (Government and Social Partners) working groups and organise the technical meetings for reviewing the project’s objectives, expected outcomes and prioritized approaches for preparing the ILS strategic approach
- A consultation workshop on promoting international labour standards in Viet Nam was organized in Quang Ninh province on 17-18 June 2019 with the participation of 65 people (30 female and 35 male)
- Two stakeholder's consultation workshops have been held for reviewing and finalizing the project work-plan and ILS strategic approach in line with ILS and EVFTA requirements
- Signing ceremony of the MOU on 20 May 2021 in Hanoi by representatives of ILO Viet Nam and the Ministry of Labour, Invalids and Social Affairs (MOLISA)
Results
- Enabled partners to build strong consensus and facilitated the joint development of the country’s first-ever strategic approach to International Labour Standards (ILS). This approach was drafted by the Inter-agency expert team in consultation with tripartite partners in March 2019
- The workshop discussed the draft ILS strategic approach for Viet Nam, the situation of ILS implementation and the reporting status of Viet Nam.
- The draft ILS strategic approach has been circulated, reviewed, and finalised by the tripartite partners
- The cooperation includes raising awareness of international labour standards, applying ratified ILO Conventions in practice, enhancing national capacity to implement, monitor, and report on the ratified Conventions, and developing proposals for the ratification of additional ILO Conventions
The National Industrial Relations Commission
Support the tripartite nature of the National Industrial Relations Commission
The National Industrial Relations Commission (NIRC) has been equipped with new functions to be more in line with a truly tripartite institution and enhance involvement in the ILS reporting process.
Action
- In May- June 2021, the project co-funded some technical work and one meeting of the NIRC to propose the revisions to the functions and tasks of the NIRC [13 May 2021]
Results
- The project’s sustained support has led to the government’s adoption of new, expanded functions for the National Industrial Relations Commission (NIRC) through Prime Minister’s Decision #1413 on 18 August, 2021. These updates align the NIRC more closely with the principles of a tripartite institution, enabling it to provide advice to government agencies, workers' representative organizations, and employers' organizations at the central level on industrial relations (IR) issues, as well as to publish analyses on IR trends, specific issues, and the implementation of IR policies
Enhanced collaboration and dialogues between constituents, supply chain actors and trade partners to promote responsible business conduct in policy and practice
Support on the implementation of the EVFTA
Promote the role and responsibility of NGOs and other key stakeholders in monitoring the implementation of chapter 13 of the EVFTA
Three thematic seminars on the Trade and Sustainable Development Chapter (chapter 13) (TSD chapter) of the of the EVFTA have been organized for the FTA task team and academies including lecturers and researchers from universities for awareness raising and information sharing. The topics addressed were the “Labour commitments of Viet Nam in new generation FTAs: CPTPP and EVFTA”, “Institutions commitments in EVFTA and CPTPP”, and “International experience in application of labour commitments in FTAs”, respectively.
Action
- Thematic seminars on the TSD Chapter of the EVFTA (2020)
Results
- Constituents' capacity enhanced to implement EVFTA chapter 13 and related ILS
Support to achieve effective and constructive operation of the labour component within the domestic advisory group in respect of labour-related obligations under the EVFTA
Under the EVFTA implementation framework, the The Ministry of Industry and Trade of Viet Nam of has released a decision for the establishment of the DAG (Domestic Advisory Group) on 17 August 2021. The list of members of the Viet Nam DAG Group includes (1) Viet Nam Chamber of Commerce and Industry (representative of employers); (2) Institute of Workers and Trade Unions, under the Viet Nam General Confederation of Labour; (3) Centre for Sustainable Rural Development (SRD); (4) Viet Nam Association of Seafood Exporters and Producers (VASEP); (5) Viet Nam Fisheries Association (VINAFIS); (6) Education Center for Nature (ENV); and (7) Viet Nam Elevator Association (VNEA). With extensive partnership experience at both national and global levels, the project team, in collaboration with the ILO Country Office in Hanoi, will provide technical quality control and support to constituents, helping Viet Nam fulfil its international obligations as an ILO member state and meet its commitments under the EU-Viet Nam Free Trade Agreement (EVFTA). This includes strengthening the capacity of workers' representative organizations within the Domestic Advisory Group (DAG), advocating for and promoting the role and responsibility of DAG Viet Nam, NGOs, and other key stakeholders in monitoring the implementation of Chapter 13 of the EU-Viet Nam FTA, as well as facilitating EVFTA enforcement.
Action
- Workshop on the role of the Domestic Advisory Group (DAG) in promoting the EVFTA, and its follow-up (2022)
- Training workshops to raise awareness and build capacity on due diligence and compliance with labour legislation for enterprises, tripartite partners, and relevant stakeholders in Viet Nam (2023)
Results
- DAG members' capacity enhanced to implement EVFTA chapter 13 and related international labour standards
- Business community’s capacity has been enhanced
Support the development of industrial relations
Strengthening evidence-based policy monitoring and reporting for further improvement of national trade and sustainable development
The 2019 revision of the Labour Code has brought changes affecting freedom of association and effective recognition of the right to collective bargaining. These changes have been dramatic. They considerably affect individual rights and the institutional framework and approach. The ILO Office in Viet Nam has worked with national stakeholders to bring into being a New System of Industrial Relations, founded on these changes and progress that allows grassroot workers’ organizations to become effective actors, and prepares the various institutions for the harmonious, stable, and progressive industrial relations practices. This is based on a strong joint recognition of their centrality in ensuring the sustainability of Viet Nam’s remarkable economic and social development.
Action
- Comparative report on labour dispute resolution (LDR) (2021)
- Technical meetings on LDR system (2021)
- Pilot on promoting LDR system in HCMC, Binh Duong, and Dong Nai (2021-2022)
- Trainings for human resources club (2022)
- Forum on implementation with VCCI (2022)
- Training classes for trade unions on dialogue and collective bargaining on wage (2022-2023)
Results
- Supervisory, monitoring and reporting tools are developed (2021-2022)
- Comprehensive understanding and sharing of difficulties and solutions among stakeholders for implementing the pilot on promoting the LDR system
- The first ever cases were proposed and resolved at the Labour Arbitration Council of Dong Nai province in October 2022 in the 25 years of existence of this institution, as a result of long-term collaboration with the USDOL-NIRF project to promote the operation of the Labour Dispute Resolution system in Viet Nam
- Enhance connection and networking both among supported enterprises and with the broader business community
- Multi-enterprise Collective Bargaining Agreement (CBA) in piloted electronics enterprises in Bac Ninh province (December 2023)
Tripartite constituents effectively fulfil their respective roles in reporting to the supervisory bodies
Support for reporting on ILO conventions to ensure better tripartite engagement and evidence-based reports that reflect the implementation in practice
Support for reporting on the Right to Organise and Collective Bargaining Convention, 1949 (No. 98) pursuant to ratification
A series of technical meetings have been organized with MOLISA and key stakeholders to enhance the understanding of the comments of the ILO supervisory bodies, particularly the CEACR, as well as the requirements of Convention reports.
Action
- The project supported the reporting work on Convention No.98 (first report in 2021 and regular report in 2022) by organizing technical meetings and consultation workshops with the participation of tripartite partners
Results
- During the process of reporting consultation, tripartite partners have been deeply involved in reviewing the legal system and practice to identify gaps and brainstorm the solutions
Support for reporting on other ratified Conventions
The project supports the government to report on ratified conventions to facilitate better engagement from tripartite partners and evidence-based reporting that reflects the implementation in practice.
Action
- The Project supported the reporting on ratified Conventions; namely Conventions Nos. 27, 100, 111, 122, 144, 29, 81, 06, 124, first national reports and regular reports on Conventions Nos. 88, 98, 159, and 105 (2020-2023)
Results
- More national reports have been submitted on time with better quality
- Extensive engagement of tripartite partners in the process of reporting consultations, including in reviewing the legislation system and practices to identify problems and brainstorm the solutions