Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Viet Nam (Ratification: 1997)

Equality of opportunity and treatment of men and women. In its previous observation, the Committee noted the adoption of the Law on Gender Equality, sections 13 and 14 of which deal with equal treatment of men and women in employment, training and education, and requested the Government to provide information on its implementation. The Committee notes the Government’s indication that no complaints were filed concerning violations of sections 13 and 14 of the Law. It also notes the Government’s statement that labour laws and regulations are revised on a yearly basis, including the list of occupations from which women are barred, and that in this context the principle of equality of opportunity and treatment is taken into account. The Committee further notes that the Ministry of Labour, Invalids and Social Affairs is conducting campaigns for the dissemination of ILO Conventions, including Convention No. 111. The Committee requests the Government as follows:

(i)    to provide information on the outcome of the yearly revision of labour laws and regulations, and the specific amendments that have been made, as they relate to the application of the principle of the Convention, including those enumerating occupations from which women are barred. Please also provide an updated list of the occupations from which women are barred, and an indication of the justification for such prohibitions; and

(ii)   to indicate the target groups of the information campaigns carried out by the Ministry of Labour, Invalids and Social Affairs and whether similar initiatives have been taken or are envisaged to raise public awareness of the relevant legislation, and the procedures and remedies available in cases of discrimination in respect of employment and occupation. Please also continue to provide information on any judicial or administrative decisions relating to the application of sections 13 and 14 of the Law on Gender Equality and on any violations detected by or brought to the attention of the labour inspection services, the sanctions imposed and the remedies provided.

Further to its previous request for information on the action taken to address women’s inequality in the labour market, the Committee notes the Government’s indication that it has created a number of jobs for women in “light industries”, including the textile, footwear and traditional handicrafts industries. The Government also implemented the National Target Programme on Poverty Reduction and the National Target Programme on Employment, and adopted preferential policies to enable women to migrate overseas for higher income employment. In addition, the Government facilitated women’s access to credit and training. The Committee requests the Government to provide information on the specific measures taken or envisaged under the National Target Programme on Poverty Reduction and the National Target Programme on Employment to promote and ensure equality of opportunity and treatment between men and women in respect of employment and occupation. The Committee also requests the Government to take appropriate measures to promote women’s access to employment in a wider range of occupations and industries, including through a more diversified choice of educational and training opportunities, and to supply information in this respect. The Committee further asks for statistical data indicating the distribution of men and women in the different sectors of economic activity, occupational categories and positions, in both the public and private sectors, as well as information on the percentage of women and men workers migrating overseas.

Discriminatory recruitment practices based on sex. In its previous comments, the Committee noted the existence of widespread discriminatory recruitment practices affecting women, such as giving preference to male job applicants and discouraging female applicants by establishing requirements prohibiting marriage and pregnancy during a certain period following recruitment. The Committee requested the Government to take urgent measures to put an end to these practices. In this regard, the Committee notes that the Government refers to section 111(3) of the Labour Code prohibiting dismissal of a female employee for reasons of marriage, pregnancy, taking maternity leave, or raising a child under 12 months old, and indicates that no complaints were lodged under this provision. The Committee notes that the reported discriminatory practices affect women’s access to employment while section 111(3) addresses dismissal on discriminatory grounds. The Committee therefore once again requests the Government to take urgent measures to put an end to discriminatory practices affecting women’s access to work and to provide full information on the steps taken and the progress made in this regard.

Sexual harassment. The Committee notes the Government’s indication that no cases of sexual harassment were brought to the attention of the competent bodies either under section 111(1) of the Labour Code or under section 121 of the Penal Code. The Committee also notes the Government’s statement that it will study the possibility of incorporating sexual harassment provisions in the legislation. Recalling its 2002 general observation on this issue, the Committee encourages the Government to take appropriate measures to raise awareness of workers and employers and their organizations about sexual harassment at the workplace, and the relevant procedures and remedies currently available under the legislation. It also encourages the Government to incorporate in the legislation specific provisions defining, prohibiting and preventing sexual harassment at the workplace. Please provide information on any progress made in this regard.

Equality of opportunity and treatment of ethnic minority groups. In its previous comments, the Committee noted that a number of policies had been adopted with a view to promoting employment and training for persons of ethnic minority origin, including Decision No. 267/2005/QD-TTg of 31 October 2005 regarding vocational training for ethnic minority groups and Decision No. 134/2004/QD-TTg of 20 July 2004 regarding access of ethnic minority households to land and water, and it sought information from the Government on the implementation of these policies and on the measures taken to consult with the groups concerned in connection with their development and implementation. The Committee notes the Government’s indication that under Decision No. 267/2005/QD-TTg all ethnic minority graduates from boarding secondary schools or high schools are exempted from school fees and entrance exam fees for boarding vocational schools and that they also qualify for scholarships and social welfare. The Committee notes that by December 2007 only 5.5 per cent of the total number of students enrolling in secondary technical and vocational institutions belonged to ethnic minority groups. The Committee also notes that a special preferential programme to promote ethnic minority students’ access to secondary technical schools has been implemented since 2001. According to the Government, ethnic minority workers with secondary technical education are a pool of candidates for recruitment as government employees in ethnic minority areas. The Committee requests the Government to provide information on the type of training provided and the kind of occupations and employment promoted under the preferential policies aimed at ethnic minority groups, as well as indications as to the number of ethnic minority workers employed by the Government and in which jobs. It also requests the Government to provide information on the measures taken or envisaged to implement Decision No. 134/2004/QD-TTg of 20 July 2004 regarding access of ethnic minority households to land and water. Further, it again requests the Government to provide information on the measures taken to consult with the groups concerned when developing and implementing the abovementioned programmes and policies.

Discrimination based on political opinion, religion, colour and national extraction. In its previous comments, the Committee noted the Government’s statement that discrimination on the basis of political opinion, colour and national extraction did not exist in Viet Nam. It emphasized that combating discrimination is an ongoing process and that the absence of discriminatory provisions in the law and the fact that no complaints have been raised with the authorities are not indications of the absence of discrimination. The Committee also stressed that the application of the Convention is a permanent process that requires continuing vigilance and action to promote and ensure equality of opportunity and treatment in respect of all the grounds enumerated in Article 1(1)(a) of the Convention. In the absence of the information previously solicited, the Committee again requests the Government to provide information on the measures taken or envisaged to ensure the full application of the Convention in law and practice with respect to equality of opportunity and treatment irrespective of political opinion, national extraction and colour. It also reiterates its request for information on the application of section 8 of Ordinance No. 21/2004/PL-UBTVQH11 which prohibits discrimination on religious grounds, indicating the manner in which it provides protection against religious discrimination in employment, including in respect of persons whose religion does not correspond to any of the religious organizations recognized under section 16 of the Ordinance.

Measures affecting individuals who are justifiably suspected of, or engaged in, activities prejudicial to the security of the State. In its previous comments, the Committee requested the Government to provide information on the application of section 36 of the Penal Code, pursuant to which a ban from holding certain posts, or bans from practising certain occupations or doing certain jobs can be imposed when it is deemed that to allow the sentenced persons to hold such posts, practice such occupations or do such jobs, may cause harm to society. The Committee notes the Government’s indication that the persons on whom a ban under section 36 has been imposed have the right to appeal the decision within 15 days of the date of conviction. The Committee also notes that the courts have issued various verdicts banning persons from holding certain posts, practising certain occupations or doing certain jobs. The Committee requests the Government to indicate the offences in connection with which such bans have been imposed, and the number and nature of the appeals lodged and the outcomes thereof.