Equal Remuneration Convention, 1951 (No. 100) - Viet Nam (Ratification: 1997)

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Articles 1 and 2 of the Convention. Legislative developments. Definition of remuneration and work of equal value. The Committee previously requested the Government to indicate whether payment in kind would be covered by section 90(3) of the new Labour Code (Law No. 10/2012/QH13 of 2012) and to provide information on its implementation and enforcement. The Committee notes the adoption of the new Labour Code of 2019 (Law No. 45/2019/QH14) that entered into force on 1 January 2021. The Committee notes that section 90(3) of the 2019 Labour Code provides that “[e]mployers must ensure equal pay for work of equal value without discrimination based on sex”. Concerning the definition of wage, section 90(1) maintains the definition of the 2012 Labour Code, that is to say “a monetary amount paid by an employer to a worker under an agreement to perform work, including remuneration that is based on the work or position as well as wage allowances and additional payments”. However, the 2019 Labour Code introduces a change in the definition of bonuses in section 105, which now includes the following: “an amount of money, a piece of property or item that is provided by an employer for his/her employees on the basis of the business performance or the employees’ performance”. The Committee notes the Government’s clarification, in its report, that under the 2019 Labour Code “wage” encompasses also allowances and other additional payments, such as family support, travel support, and incentives, including cash and in-kind allowances. The Committee requests the Government to provide information on the application in practice of section 90(3) of the 2019 Labour Code, including information on any violations addressed by the labour inspectorate or the judiciary, the sanctions imposed and the remedies accorded to the victims. Please also supply information on any awareness-raising activities undertaken about the principle of the Convention and the relevant provisions of the 2019 Labour Act among enforcement officials, the social partners and the public.

Articles 2 and 3. Non-discriminatory determination of wages. In its previous comments, the Committee requested the Government: (1) to indicate measures taken in order to ensure that wage determination by employers in the private sector are free from gender bias; and (2) to provide information on the development and use of any gender neutral job evaluation methods during the process of wage scales determination. The Committee notes that the Government indicates that the determination of wage scales shall comply with section 93 of the 2019 Labour Code as well as Decree No. 145/2020/ND-CP of 14 December 2020, which has replaced Decree No. 49/2013/ND-CP. Section 93(3) of the 2019 Labour Code provides, like the 2012 Labour Code, that in developing wage scales, employers must consult workers’ representative organizations at the grassroots level in places where such organizations exist. The Committee requests the Government to indicate whether any guidance is provided to employers and workers’ representatives on: (i) the criteria to be used in wage scale determination in order to ensure equal remuneration for men and women for work of equal value; and (ii) the methods used in job evaluations. Please also supply information on any complaints brought to the attention of the labour inspectors or filed with the courts or tribunals concerning the determination of wage scales under section 93 of the 2019 Labour Code.

Articles 2(2)(c) and 4. Collective agreements and cooperation with workers’ and employers’ organizations. The Committee recalls that the determination of criteria for job evaluation and their weighting are matters on which cooperation between employers and workers is particularly important, giving collective bargaining an important place in this context (see General Survey on the fundamental Conventions, 2012, paragraph 705). The Committee reiterates its request that the Government provides information on any collective agreements containing provisions that expressly refer to the principle of the Convention, including information on those agreements that provide for objective job evaluation methods.

Enforcement. The Committee notes the information provided by the Government on the training offered to enforcement officials concerning the labour legislation. It notes, among other things, that labour inspectors receive specific guidance on the detection of labour discrimination, including violations of the principle of the Convention. The Government reports that, according to the results of the labour inspections carried out in 2019 and in the first months of 2020, the provisions of the Labour Code prescribing equal remuneration for work of equal value were complied with. The Committee notes the Government’s reference to awareness-raising for employers and workers’ representatives that were undertaken in connection with labour inspections campaigns. The Government considers that these joint interventions have contributed to improving the understanding and the compliance with relevant legal provisions. The Committee requests the Government to continue to provide information on the violations of the principle of equal remuneration for men and women for work of equal value detected by, or brought to the attention of, the labour inspectorate services and those addressed by the judiciary, the sanctions imposed and the remedies provided.

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Articles 1–4 of the Convention. Assessing and addressing the gender wage gap. Previously, the Committee requested the Government to indicate how the measures adopted under the National Strategy on Gender Equality (2011–20) have an impact on reducing the persistent gender wage gap and to provide specific information on any measures taken or envisaged to address the underlying causes. The Committee also requested the Government to collect and provide more specific statistical data, disaggregated by sex, on the distribution of men and women in different sectors of economic activity, occupational categories and positions and their corresponding earnings in both the private and public sectors. The Committee notes the information provided by the Government in its report on the measures adopted under the National Strategy on Gender Equality (2011–20), including: the promulgation of legal texts containing provisions on gender equality; the implementation of a ratio of male/female employment which has facilitated a relatively balanced gender distribution in the labour force with 52.7 per cent of men and 47.3 per cent of women, according to data from the 2019 Population and Housing Census; and support for woman-owned enterprises or business start-ups. In this regard, the Committee notes that, based on the information on business registration contained in the National Database of Business Registration, as of October 2019, there were 285,689 enterprises owned by women, accounting for 24 per cent of the total number of enterprises in the country. The highest number of enterprises owned by women is found in the field of trade and services (75 per cent), followed by construction (12 per cent), industry (7 per cent) and agriculture/forestry/fisheries (7 per cent). The Government also refers to the measures adopted to promote greater access of women to vocational training, including the scheme on “Support for women in vocational training and employment”, which includes the provision of tuition fees and loans to promote self-employment. The Government further reports that in the period 2011–20, women accounted for 52 per cent of customer loans and for 54 per cent of total lending by the Bank for Social Policies.

Concerning the gender wage gap, the Committee notes the Government’s indication that the gap has tended to widen. In 2019, the average monthly salary of male salaried workers was VND 6,183 million/month, compared to VND 5,446 million/month for women. The Government indicates that the gender wage gap is related to the average number of working hours of men and women. According to the 2018 Labour and Employment Survey report of the General Statistics Office, about 42.7 per cent of workers work 40–48 hours/week and the proportion of men working more than 48 hours/week is higher (38.4 per cent) than women (31.8 per cent). The Government also indicates that in almost all sectors of the economy the average monthly salary of women is lower than that of men. However, in various occupations with a high proportion of women who have technical qualifications similar to men, notably office assistance and sales, there is almost no gender wage gap. Noting the above information, the Committee invites the Government to step up its efforts to address the underlying causes of the persistent gender wage gap, including measures aimed at promoting women’s access to a greater range of training opportunities and jobs and to higher level positions, as well as measures to encourage men and women to share career and family responsibilities more equally. The Committee also requests the Government to provide statistical information, disaggregated by sex, on the distribution of men and women in different sectors of economic activity, occupational categories and positions, and their corresponding earnings in both the private and public sectors.

The Committee is raising other points in a request addressed directly to the Government.

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 2015. The Committee also notes that the Government had 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

Articles 2 and 3 of the Convention. Non-discriminatory determination of wages. The Committee notes that, in accordance with section 93 of the Labour Code of 2012, the employer must develop wage scales, wage tables and work norms in consultation with the representative workers’ organization. It further notes that, under section 7(3) of Decree No. 49/2013/ND-CP dated 14 May 2014, the determination of wage scales must ensure equality and non-discrimination on the basis of gender, ethnicity, skin colour, social class, marriage status, creed, religion, HIV status, disability, and establishment, membership or activities of a trade union. In accordance with section 7(4) of the Decree establishing principles on the basis of which wage scales are to be developed by employers, companies shall define the lowest wage level “on the basis of the complexity of work … corresponding to the qualifications, skills, duties, experiences to implement work”. The Committee notes that the new criteria to be used by employers to determine wage scales seem to be narrower than the criteria indicated by the Government in its previous report (knowledge and skills; intelligence; physical strength and intensity of work; responsibility and environment and conditions of work). The Committee wishes to recall that, while the Convention is flexible regarding the measures to be used and the timing in achieving its objective, it allows no compromise in the objective to be pursued. Thus, where it is not in a position to ensure the application of the principle of the Convention directly, the State must take vigorous and proactive measures and must act in good faith (see General Survey on the fundamental Conventions, 2012, paragraph 670). Therefore, the Committee once again requests the Government to indicate measures taken in order to ensure that wage determination by employers in the private sector takes into account the principle of the Convention (including any action in case of violation of Decree No. 49/2013/ND-CP), and especially how in practice it is ensured that the criteria used by employers to determine wage scales are objective and free from gender bias. The Committee also requests the Government to provide information on the development and use of any gender neutral job evaluation methods during the process of wage scales determination.

Articles 2(2)(c) and 4. Collective agreements and cooperation with workers’ and employers’ organizations. The Committee notes the Government’s indication that section 72 of the Labour Code of 2012 stipulates the role of social partners during the collective bargaining process, which includes organizing refreshment training on collective bargaining skills for participants of the process, participation in the collective bargaining session should there be a request from one of the two sides engaged with collective bargaining, and the provision and exchange of information related to collective bargaining. It also notes the Government’s indication that various awareness-raising activities regarding gender equality have been developed, including, for example: (i) the launching of a competition “Understanding of laws and policies on gender equality” nationwide, which was brought to the attention of citizens of all ages and from all walks of life, resulting in nearly 700,000 competitors and which contributed to information, dissemination and awareness raising in relation to gender equality in general and in labour and employment in particular; and (ii) the publication of flyers on gender equality in Vietnamese, English, Tay, and Mong languages. The Committee requests the Government to continue to provide information on the implementation and enforcement of section 72 of the Labour Code of 2012, including any measures taken or envisaged to raise awareness of these provisions among workers, employers and their respective organizations, as well as examples of information provided and refreshment training offered to collective bargaining representatives regarding the role of collective agreements in implementing the principle of equal remuneration for men and women for work of equal value.

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments initially made in 2015.The Committee also notes that the Government had 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

Articles 1 and 2 of the Convention. Legislative developments. Definition of remuneration and work of equal value. The Committee notes that the new Labour Code (Law No. 10/2012/QH13 of 18 June 2012) includes the principle of equal payment of wages without discrimination based on gender for employees performing work of equal value (section 90(3)) and provides for a definition of wages that includes “remuneration” based on the work or position, “wage allowances” and “other additional payments” (section 90(1)), but is silent about payment in kind. The Committee points out that Article 1(a) of the Convention sets out a very broad definition of “remuneration” which includes not only “the ordinary, basic or minimum wage or salary” but also “additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the workers’ employment”. The Committee requests the Government to indicate whether payment in kind would be covered by section 9(3) of the new Labour Code and to provide information on its implementation and enforcement. The Committee further requests the Government to provide information on any measures taken or envisaged to raise awareness of these provisions among workers, employers, their respective organizations and enforcement public officials, as well as any administrative or judicial cases in this respect.

Assessing and addressing the gender wage gap. The Committee notes the results of the labour force survey (second quarter of 2014) published by the General Statistics Office of Vietnam, according to which the overall gender wage gap in average monthly earnings of workers is 9.3 per cent. The Committee notes the detailed information provided by the Government with respect to measures taken to implement the National Strategy on Gender Equality (2011–20), through the strengthening of capacity building; the drafting, implementation and monitoring of gender equality legislation, awareness-raising activities; and the development of a gender database and advisory and support services. While noting these important developments with respect to the promotion and implementation of gender equality, the Committee requests the Government to indicate how these measures have an impact on reducing the persistent gender wage gap and to provide specific information on any measures taken or envisaged to address underlying causes. The Committee once again requests the Government to collect and provide more specific statistical data, disaggregated by sex, on the distribution of men and women in different sectors of economic activity, occupational categories and positions and their corresponding earnings both in the private and public sectors.

Enforcement. The Committee notes from the Government’s report that the Ministry has conducted many training courses on labour laws, including on equal remuneration for work of equal value, for labour inspectors and others officials. It further notes that there has not been any administrative and judicial case concerning equal remuneration for men and women. Regarding the latter point, the Committee recalls that where no cases or complaints, or very few, are being lodged, this is likely to indicate a lack of an appropriate legal framework, a lack of awareness of rights, lack of confidence in, or absence of, practical access to procedures, or fear of reprisals (see General Survey on the fundamental Conventions, 2012, paragraph 870). The Committee asks the Government to continue to provide information on the training offered to judges, inspectors and other labour officials, as well as awareness-raising measures provided to social partners. It further requests the Government to provide information on any violations of the principle of the Convention detected by, or brought to the attention of, the labour inspectorate services, the sanctions imposed and the remedies provided.

The Committee is raising other points in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Articles 2 and 3 of the Convention. Non-discriminatory determination of wages. The Committee notes that, in accordance with section 93 of the Labour Code of 2012, the employer must develop wage scales, wage tables and work norms in consultation with the representative workers’ organization. It further notes that, under section 7(3) of Decree No. 49/2013/ND-CP dated 14 May 2014, the determination of wage scales must ensure equality and non-discrimination on the basis of gender, ethnicity, skin colour, social class, marriage status, creed, religion, HIV status, disability, and establishment, membership or activities of a trade union. In accordance with section 7(4) of the Decree establishing principles on the basis of which wage scales are to be developed by employers, companies shall define the lowest wage level “on the basis of the complexity of work … corresponding to the qualifications, skills, duties, experiences to implement work”. The Committee notes that the new criteria to be used by employers to determine wage scales seem to be narrower than the criteria indicated by the Government in its previous report (knowledge and skills; intelligence; physical strength and intensity of work; responsibility and environment and conditions of work). The Committee wishes to recall that, while the Convention is flexible regarding the measures to be used and the timing in achieving its objective, it allows no compromise in the objective to be pursued. Thus, where it is not in a position to ensure the application of the principle of the Convention directly, the State must take vigorous and proactive measures and must act in good faith (see General Survey on the fundamental Conventions, 2012, paragraph 670). Therefore, the Committee once again requests the Government to indicate measures taken in order to ensure that wage determination by employers in the private sector takes into account the principle of the Convention (including any action in case of violation of Decree No. 49/2013/ND-CP), and especially how in practice it is ensured that the criteria used by employers to determine wage scales are objective and free from gender bias. The Committee also requests the Government to provide information on the development and use of any gender neutral job evaluation methods during the process of wage scales determination.

Articles 2(2)(c) and 4. Collective agreements and cooperation with workers’ and employers’ organizations. The Committee notes the Government’s indication that section 72 of the Labour Code of 2012 stipulates the role of social partners during the collective bargaining process, which includes organizing refreshment training on collective bargaining skills for participants of the process, participation in the collective bargaining session should there be a request from one of the two sides engaged with collective bargaining, and the provision and exchange of information related to collective bargaining. It also notes the Government’s indication that various awareness-raising activities regarding gender equality have been developed, including, for example: (i) the launching of a competition “Understanding of laws and policies on gender equality” nationwide, which was brought to the attention of citizens of all ages and from all walks of life, resulting in nearly 700,000 competitors and which contributed to information, dissemination and awareness raising in relation to gender equality in general and in labour and employment in particular; and (ii) the publication of flyers on gender equality in Vietnamese, English, Tay, and Mong languages. The Committee requests the Government to continue to provide information on the implementation and enforcement of section 72 of the Labour Code of 2012, including any measures taken or envisaged to raise awareness of these provisions among workers, employers and their respective organizations, as well as examples of information provided and refreshment training offered to collective bargaining representatives regarding the role of collective agreements in implementing the principle of equal remuneration for men and women for work of equal value.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

Articles 1 and 2 of the Convention. Legislative developments. Definition of remuneration and work of equal value. The Committee notes with interest that the new Labour Code (Law No. 10/2012/QH13 of 18 June 2012) includes the principle of equal payment of wages without discrimination based on gender for employees performing work of equal value (section 90(3)) and provides for a definition of wages that includes “remuneration” based on the work or position, “wage allowances” and “other additional payments” (section 90(1)), but is silent about payment in kind. The Committee points out that Article 1(a) of the Convention sets out a very broad definition of “remuneration” which includes not only “the ordinary, basic or minimum wage or salary” but also “additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the workers’ employment”. The Committee requests the Government to indicate whether payment in kind would be covered by section 9(3) of the new Labour Code and to provide information on its implementation and enforcement. The Committee further requests the Government to provide information on any measures taken or envisaged to raise awareness of these provisions among workers, employers, their respective organizations and enforcement public officials, as well as any administrative or judicial cases in this respect.

Assessing and addressing the gender wage gap. The Committee notes the results of the labour force survey (second quarter of 2014) published by the General Statistics Office of Vietnam, according to which the overall gender wage gap in average monthly earnings of workers is 9.3 per cent. The Committee notes the detailed information provided by the Government with respect to measures taken to implement the National Strategy on Gender Equality (2011–20), through the strengthening of capacity building; the drafting, implementation and monitoring of gender equality legislation, awareness-raising activities; and the development of a gender database and advisory and support services. While noting these important developments with respect to the promotion and implementation of gender equality, the Committee requests the Government to indicate how these measures have an impact on reducing the persistent gender wage gap and to provide specific information on any measures taken or envisaged to address underlying causes. The Committee once again requests the Government to collect and provide more specific statistical data, disaggregated by sex, on the distribution of men and women in different sectors of economic activity, occupational categories and positions and their corresponding earnings both in the private and public sectors.

Enforcement. The Committee notes from the Government’s report that the Ministry has conducted many training courses on labour laws, including on equal remuneration for work of equal value, for labour inspectors and others officials. It further notes that there has not been any administrative and judicial case concerning equal remuneration for men and women. Regarding the latter point, the Committee recalls that where no cases or complaints, or very few, are being lodged, this is likely to indicate a lack of an appropriate legal framework, a lack of awareness of rights, lack of confidence in, or absence of, practical access to procedures, or fear of reprisals (see General Survey on the fundamental Conventions, 2012, paragraph 870). The Committee asks the Government to continue to provide information on the training offered to judges, inspectors and other labour officials, as well as awareness-raising measures provided to social partners. It further requests the Government to provide information on any violations of the principle of the Convention detected by, or brought to the attention of, the labour inspectorate services, the sanctions imposed and the remedies provided.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Articles 2 and 3 of the Convention. Non-discriminatory determination of wages. The Committee notes the Government’s indication that in the context of determining wage scales and tables, the criteria used include knowledge and skill; intelligence; physical strength and intensity of work; responsibility and environment and conditions of work. The Committee notes the Government’s indication that there is no discrimination based on sex in wage determination mechanisms and that consultations with social partners are held in order to monitor and examine the setting of wage scales. The Committee further notes that the Decree on administrative punishments for labour infringements, adopted 6 May 2010 (Decree No. 47/2010/ND-CP), sets fines for employers failing to conform to the regulations on setting up salary wages, wage tables and job descriptions (section 10). The Committee asks the Government to indicate the measures taken in order to monitor wage determination in the private sector and especially how in practice it is ensured that the criteria used are free from gender bias. The Committee also asks the Government to provide information on the consultations held with social partners in order to determine the criteria used to set wage scales and tables in state-owned enterprises and in the private sector. The Committee also once again asks the Government to provide copies of wage scales and tables applied in state enterprises and examples of those applied in the private sector. Please also provide information on the application of section 10 of the Decree No. 47/2010/ND-CP of 6 May 2010, including on any cases of non-compliance registered and fines imposed.

Articles 2(2)(c) and 4. Collective agreements and cooperation with worker’s and employers’ organizations. The Committee notes the Government’s indication that collective agreements do not address equal remuneration for men and women for work of equal value, but rather apply the provisions of the Labour Code setting out the obligation to pay employees according to the wage scales and without discrimination based on sex (sections 6 and 102). The Committee notes that annual awareness raising activities are organized by the Government in cooperation with social partners in order to disseminate information on labour laws and regulations, including on provisions concerning wages and salary payment. Noting that collective agreements are important in promoting and ensuring the principle of the Convention, the Committee encourages the Government to foster the application of the Convention through a range of proactive measures, including through collective bargaining, in cooperation with the social partners in order to accomplish real progress in attaining equal remuneration for men and women for work of equal value. The Committee asks the Government to take steps in order to foster the application of the principle of the Convention through collective bargaining, and to indicate the measures taken in cooperation with social partners in this regard. The Committee asks the Government to provide more specific information on the activities organized to raise awareness on the issues related to the Convention and to indicate the role of the social partners in this regard.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 1(a) of the Convention. Definition of remuneration. The Committee notes that in its previous comments, the Committee sought clarification from the Government as to whether the equal pay provisions of the Labour Code and the Law on Gender Equality covered all aspects of remuneration as defined by Article 1(a) of the Convention. The Committee had also recommended that in the context of future legislative revisions, a clear definition of remuneration in line with the Convention be included and that the principle of equal remuneration be applied to all components of remuneration. The Committee notes that no clear definition of remuneration in line with Article 1(a) of the Convention has been included in the draft Labour Code, despite the Committee’s recommendations. The Committee recalls once again, the importance of defining remuneration in broad terms, encompassing not only “the ordinary, basic or minimum wage or salary” but also “any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment”, in order to fully apply the Convention. The Committee urges the Government to take measures to introduce a provision in legislation defining remuneration in accordance with Article 1(a) of the Convention and to ensure that the principle of equal remuneration for work of equal value is applied in respect of all components of remuneration.

Article 1(b). Work of equal value. The Committee has previously raised concerns that the provisions of the Labour Code (section 111) and the Law on Gender Equality (section 13) which provide for equal remuneration for equal work, are narrower than the Convention, which provides for equal remuneration for men and women for work of equal value. The Committee notes that under the Convention, men and women performing jobs of a different nature, which are nonetheless of equal value, should also receive equal remuneration. The Committee had urged the Government in the context of the planned comprehensive revision of the Labour Code, to take the opportunity to give full legislative expression to the principle of equal remuneration for men and women for work of equal value. The Committee notes the Government’s response indicating that it has not taken the opportunity of the revision process to include a provision giving full legislative expression to the principle of the Convention because it considers it to be difficult to define equal value for jobs of a different nature. In terms of how to determine equal value, the Committee draws the Government’s attention to Article 3 of the Convention which presupposes the use of appropriate techniques for objective job evaluation, comparing factors such as skill, effort, responsibilities and working conditions. The Committee also recalls that different methods of job evaluation can be developed, and that for the purpose of ensuring gender equality in the determination of remuneration, analytical methods of job evaluation have been found to be most effective (see General Survey of 1986, paras 138 to 142). The Committee again urges the Government to take measures in order to give full legislative expression to the principle of equal remuneration for men and women for work of equal value and encourages the Government to seek ILO assistance in this regard.

Assessment of the gender wage gap. The Committee recalls its previous comments in which it noted that in the public sector, the average monthly income of women amounted to 92 per cent of men’s, while in the private sector and in the foreign invested sector it accounted, respectively, for 75.9 per cent and 65.5 per cent of men’s income. The Committee also previously noted the findings of the Viet Nam Country Gender Assessment of 2006 according to which the gender wage gap existing in the country resulted from sex-based labour market segregation due, inter alia, to “widespread discrimination against women in recruitment” and the “low value attached to women’s work in particular sectors”. The Committee notes from the statistics provided by the Government that during 2007 and 2008, women accounted for 49.3 per cent of the total workforce and represented approximately 50 per cent of workers in most sectors of economic activity. The Government states that this is evidence that sex-based discrimination in recruitment and employment is not problematic. No information is provided on the evaluation of the gender wage gap or measures taken or envisaged to address the wage gap. The Committee once again urges the Government to take appropriate measures to reduce the gender wage gap and address its underlying causes and asks it to provide information on the implementation of such measures. With a view to monitoring and addressing the gender wage gap, the Committee asks the Government to collect and provide more specific statistical data, disaggregated by sex, on the distribution of men and women in different sectors of economic activity, occupational categories and positions and their corresponding earnings both in the private and public sectors.

Parts III and IV of the report form. Enforcement. The Committee notes with interest that training to detect unequal pay for men and women, for judges, labour inspectors and other labour officials has been incorporated in the general programmes of dissemination and education of the Labour Code and that specific training on the Convention was provided in 2008 and 2009 on those in provincial labour departments. The Committee notes the Government’s indication that out of the 799 enterprises inspected during 2007–10, no cases of violations of the principle of equal remuneration for work of equal value were registered. The Committee recalls that the absence of complaints does not necessarily mean that the Convention and the national legislation are effectively applied and is more likely to indicate a lack of awareness of the rights, a lack of confidence in or absence of practical access to procedures, or fear of reprisals. The Committee asks the Government to continue to provide information on the training offered to judges, inspectors and other labour officials, as well as information on the impact of such training on detecting and addressing unequal pay. Please provide any information on decisions handed down by courts of other competent bodies with regard to the application of the Convention as well as on any violations detected by or brought to the attention of the labour inspectorate services, the sanctions imposed and the remedies provided.

The Committee is raising other points in a request addressed directly to the Government.

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

Article 1(a) of the Convention. Definition of remuneration. In its previous comments, the Committee sought clarification from the Government as to whether the equal pay provisions of the Labour Code and the Law on Gender Equality cover all aspects of remuneration as defined in Article 1(a) of the Convention. It recommended that in the context of future legislative revisions a clear definition of remuneration in line with the Convention be included and the principle of equal remuneration be applied to all components of remuneration. The Committee notes the Government’s indication that both section 111 of the Labour Code and section 13 of the Law on Gender Equality encompass bonuses and that, in the context of the revision of the Labour Code, the two provisions will be made consistent. The Committee recalls that, under Article 1(a) of the Convention, the definition of remuneration extends beyond the basic salary to any allowances directly or indirectly arising out of the worker’s employment, such as bonuses, but also, for example, increments based on seniority or marital status, cost-of-living allowances, housing or residential allowances, family allowances and benefits in kind. The Committee hopes that the Government will take the opportunity when revising the Labour Code to introduce a provision defining remuneration in accordance with Article 1(a) of the Convention and ensure that the principle of equal remuneration for work of equal value is applied in respect of all components of remuneration. Please provide information on the progress made in this regard.

Articles 2 and 3. Non-discriminatory determination of wages. The Committee notes the Government’s indication that two wage scales and 20 wage tables apply to state enterprises. The Committee also notes that in the private sector wage scales and tables are developed by the employer on the basis of a set of principles providing, among other things, that the number of grades will depend on the complexity and nature of the work to be performed, regardless of the worker’s sex. The Committee asks the Government to provide information on the criteria used to evaluate the complexity and nature of jobs in the context of defining wage scales and tables and how it is ensured that gender stereotypes regarding the value of certain jobs do not affect this evaluation. Please also provide copies of the wage scales and tables applied in state enterprises and examples of those applied in the private sector. The Committee also reiterates its request for information on any action taken to follow up on the recommendations included in the ILO–MOLISA study on “Equality, labour and social protection for women and men in the formal and informal economy in Viet Nam: Issues for advocacy and policy development” of 2003.

Articles 2, paragraph 2(c), and 4. Collective agreements and cooperation with workers’ and employers’ organizations. The Committee notes the collective agreement of the Viet Nam Samho Company attached to the Government’s report. The Committee notes that it contains no provisions specifically addressing the principle of the equal remuneration for work of equal value. The Committee asks the Government to provide information on any measures taken or envisaged to raise awareness among the social partners of the principle of the Convention and to foster its application in the context of collective bargaining. Please also supply information on any initiatives taken in cooperation with employers’ and workers’ organizations regarding the application on the Convention.

Parts III and IV of the report form. Enforcement. The Committee notes the Government’s indication that no complaints have been lodged and that no violations of the Convention have been detected by the labour inspectorate services. Recalling its 2006 general observation on the Convention, the Committee encourages the Government to provide specific training to judges, labour inspectors and other relevant public officers with a view to enabling them to detect and handle cases of violations of the principle of equal remuneration for work of equal value and to take appropriate measures to raise public awareness of the relevant legislation, and the procedures and remedies available. Please continue to provide information on any decisions handed down by courts or other competent bodies with regard to the application of the Convention as well as on any relevant violations detected by or brought to the attention of the labour inspectorate services, the sanctions imposed and the remedies provided.

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

Assessment of the gender wage gap. In its previous comments, the Committee referred to the findings of the Viet Nam Country Gender Assessment prepared in 2006 by the World Bank, the Asian Development Bank, the UK’s Department for International Development and the Canadian International Development Agency, according to which the gender wage gap existing in the country resulted from sex-based labour market segregation, due, inter alia, to “widespread discrimination against women in recruitment”, and the “low value attached to women’s work in particular sectors”. It urged the Government to take the necessary measures to collect, analyse and provide statistical information on men’s and women’s earnings that would allow an assessment of the progress made in closing the gender pay gap. The Committee notes the Government’s indication that in 2008 the Department of Gender Equality was established under the Ministry of Labour, Invalids and Social Affairs and that the collection of statistical data relating to gender equality has not yet been arranged. The Committee also notes that, according to the data at the disposal of the General Statistical Office, in 2006 the average monthly income of women in the public sector amounted to 92 per cent of men’s remuneration while in the private sector and in the foreign invested sector it accounted, respectively, for 75.9 per cent and 65.5 per cent of men’s income. The same source indicates that the gender wage gap in the mining sector was 29.9 per cent, in the processing industry it was 25.1 per cent and in the agriculture, forestry and fisheries sector it was 19.7 per cent. The Committee urges the Government to take appropriate measures to reduce the gender wage gap and address its underlying causes and asks it to provide information on the implementation of such measures. It also asks the Government to provide information on the distribution of men and women in the different sectors of economic activity, occupational categories and positions and to continue to supply statistical information on men’s and women’s remuneration levels in both the private and public sectors.

Work of equal value. In its previous comments, the Committee noted that section 111 of the Labour Code and section 13 of the Law on Gender Equality fall short of fully reflecting the principle of the Convention and urged the Government to consider giving full legislative expression to the principle of equal remuneration for work of equal value and to report on the steps taken in this regard. The Committee notes the Government’s statement that no discrimination between men and women in respect of remuneration is allowed either under the Labour Code or under other legislation. The Committee points out that the provisions of the Labour Code and the Law on Gender Equality provide only for equal remuneration for men and women who perform equal work, while the Convention also requires that men and women performing jobs of a different nature, which are nonetheless of equal value, receive equal remuneration. The Committee draws the Government’s attention to its 2006 general observation addressing this matter. It emphasizes once again that comparing different jobs on the basis of objective factors free from gender bias is essential in order to eliminate pay discrimination resulting from the undervaluation of jobs traditionally held by women. Noting that by 2010 the Labour Code will be subject to a comprehensive revision, the Committee urges the Government to take the opportunity afforded by the revision process to give full legislative expression to the principle of equal remuneration for men and women for work of equal value, and asks it to provide information on the steps taken in this regard.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Statistical information. Further to its observation, the Committee recalls that it has asked governments in its 1998 general observation on this Convention to collect and provide in their reports the fullest possible statistical information, disaggregated by sex, in their reports, with regard to the following:

(i)    the distribution of men and women in the public sector, the federal and/or state civil service, and in the private sector by earnings levels and hours of work (defined as hours actually worked or hours paid for), classified by: (1) branch of economic activity; (2) occupation or occupational group or level of education/qualification; (3) seniority; (4) age group; (5) number of hours actually worked or paid for; and, where relevant, by (6) size of enterprise and (7) geographical area; and

(ii)    statistical data on the composition of earnings (indicating the nature of earnings, such as basic, ordinary or minimum wage or salary, premium pay for overtime and shift differentials, allowances, bonuses and gratuities, and remuneration for time not worked) and hours of work (defined as hours actually worked or paid for), classified according to the same variables as the distribution of employees (points (1) to (7) of paragraph (i) above).

2. Where feasible, statistics on average earnings should be compiled according to hours actually worked or paid for, with an indication of the concept of hours of work used. Where earnings data are compiled on a different basis (e.g. earnings per week or per month), the statistics on the average number of hours of work should refer to the same time period (that is, by week or by month). The Committee asks the Government to brings these comments to the attention of the state bodies responsible for the collection of statistical data in accordance with the Law on Gender Equality and to provide relevant statistical data, as far as possible, as indicated above, in its next report.

3. Article 1(a) of the Convention. Definition of remuneration. Given that gender-based income differentials exist as regards the basic wage, overtime work and additional allowances, the Committee requested the Government to indicate whether the equal pay provisions of the Labour Code and the other relevant decrees cover emoluments in addition to basic wages. While no reply has been provided on this point, the Committee notes that section 13 of the Law on Gender Equality appears to require equal treatment of men and women in respect of the basic wage and additional emoluments. The Committee asks the Government to confirm that the equal remuneration provisions of the Labour Code and the Law on Gender Equality cover all aspects of remuneration as defined in Article 1(a) of the Convention. In addition to providing specifically for equal remuneration for men and women for work of equal value, as mentioned in its observation, the Committee recommends that the Government ensures in the context of future legislative revisions that the legislation clearly defines the different components of remuneration and ensures that the principle of the Convention is applied to all components of remuneration, as defined in Article 1(a) of the Convention.

4. Articles 2 and 3. Non-discriminatory determination of wages. The Committee notes the information provided by the Government concerning wage scales and tables in non-state enterprises indicating that the hierarchy of wage scales and tables depends on the complexity of the work. The Committee reiterates its request to the Government to provide the following information which is still outstanding:

(a)   the actual wage scales applied in state enterprises and examples of private sector wage scales;

(b)   information on the manner in which the Government ensures that an objective and analytical evaluation of job content is undertaken so as to avoid the introduction of sex stereotypes regarding the value of certain jobs;

(c)   information on any action taken to follow up on the recommendation to develop and implement “appropriate wage-fixing mechanisms and corresponding practices based on job descriptions, irrespective of whether work is done by men or women”, which was made by the 2003 ILO/MOLISA study entitled “Equality, labour and social protection for women and men in the formal and informal economy in Viet Nam: Issues for advocacy and policy development”.

5. Article 4. Cooperation with workers’ and employers’ organizations. The Committee notes that the Government has not yet replied to the Committee’s request to provide examples of collective agreements with wages or job classifications and to indicate any other activities undertaken by workers’ and employers’ organizations to promote the application of the Convention. The Government is asked to provide this information in its next report.

6. Part III of the report form. Enforcement. The Committee notes that the Government’s report does not reply to the Committee’s request to provide information on the manner in which the labour inspectorate supervises and ensures the application of the relevant legislation and the application of equal remuneration for work of equal value between men and women, including information on the methods used. The Committee also asked the Government to indicate whether any relevant complaints have been made, and how the complaints have been handled including findings, remedies and sanctions. The Committee asks the Government to provide the information requested in its next report.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Assessment of the gender wage gap. In its previous comments, the Committee asked the Government to provide statistical information, disaggregated by sex, on the income levels of men and women in the various sectors, occupational groups and levels of employment. The Committee notes that the Government’s report does not provide such information. It notes nevertheless from the Viet Nam Country Gender Assessment prepared in 2006 by the World Bank, the Asian Development Bank, the United Kingdom’s Department for International Development and the Canadian International Development Agency, that a woman in Viet Nam, on average, earned 83 per cent of a man’s wage in urban areas and 85 per cent in rural areas (data for 2004). The Assessment refers to sex-based labour market segregation due, inter alia, to “widespread discrimination against women in recruitment”, and to the “low value attached to women’s work in particular sectors” as causes of the gender wage gap. Noting that under the Law on Gender Equality 2006, the Government has the responsibility to establish statistical information and report on gender equality, the Committee urges the Government to take the necessary measures to collect, and analyse, and provide to the Committee, appropriate statistical information on the earnings of men and women that would allow the Government and the Committee to assess the progress made in closing the gender pay gap.

2. Legislation applying the Convention. The Committee recalls its previous comments noting that the provisions concerning equal remuneration of the Labour Code do not fully apply the principle of equal remuneration for men and women for work of equal value, as set out in the Convention. The Committee invited the Government to consider giving full legislative expression to the principle and asked it to indicate the steps taken in this regard. The Committee notes that the Government’s report, received at the ILO on 20 September 2006, does not provide any response to these comments. However, the Committee notes that section 13 of the Law on Gender Equality, which was adopted in December 2006, provides for equal treatment of men and women in respect of, inter alia, “wages, pay and bonuses”. Noting that section 13 appears to provide for equal pay for equal work, the Committee once again stresses that the Convention, in addition, requires equal remuneration to be paid for work of equal value. Under the Convention, women must have the right to equal remuneration not only when they perform the same or identical jobs or occupations as men, but also when they perform jobs or occupations that are different from those done by men but are nevertheless of equal value. This aspect of the Convention is crucial in understanding how to eliminate pay discrimination that consists of undervaluing the work performed in female-dominated jobs, occupations and sectors. Noting that the Law on Gender Equality and the Labour Code fall short of fully applying the Convention, the Committee draws the Government’s attention to its general observation of 2006 which further elaborates on the importance of the notion of “work of equal value” in the elimination of pay discrimination against women. It urges the Government to consider giving full legislative expression to the principle of equal remuneration for men and women for work of equal value and to take the necessary action in this regard. The Government is asked to indicate the specific steps taken to bring the legislation into conformity with the Convention, including in the context of the ongoing revision of the Labour Code.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. Part V of the report form. Application in practice. The Committee notes with interest the study entitled, "Equality, labour and social protection for Women and men in the formal and informal economy in Vietnam: Issues for advocacy and policy development" published by the Research Centre for Female Labour and Gender of the Ministry of Labour, Invalids and Social Affairs (MOLISA) in cooperation with the ILO. According to this study, female workers received in 2000 on average 86 per cent of the basic wage of male workers, thus indicating a gender wage gap of 14 per cent. In small production units, this gap was smaller than in formal sector enterprises, while the greatest differentials existed in cooperatives, with women’s basic wages amounting to only 68 per cent of men’s. Taking together the basic wage plus overtime remuneration and allowances, women earn, on average, around 89 per cent of men’s income. The study also found that, depending on the type of enterprise in which women are employed, their income from overtime work and other allowances may be higher or lower than that of their male counterparts. The Committee further notes from the document, "Statistics on women and men in Viet Nam" published by the National Committee for the Advancement of Women in Viet Nam that in 1997-98 women’s average hourly wage was lower at all levels of education in rural and urban areas, with the greatest differential among male and female university graduates in urban areas. The Committee is concerned to note from the abovementioned ILO/MOLISA study that in the enterprises surveyed by that study women’s wages were consistently lower, while additional income is provided to women workers "where these women had been assessed as having met all the criteria to the same level as male workers". In the light of these findings, the Committee encourages the Government to take the necessary measures to address these inequalities with regard to remuneration of men and women and to promote and ensure the full application of the Convention. In this regard, the Government is invited to consider the following comments by the Committee and to take action on a number of matters, as outlined below.

2. The Committee asks the Government so far as possible to collect and provide statistical information, disaggregated by sex, on the income levels of men and women in the various sectors, occupational groups and levels of employment (in accordance with the 1998 general observation on this Convention).

3. Article 1(a) of the Convention. Definition of remuneration. It is necessary under the Convention that equal remuneration for men and women for work of equal value is established with regard to the basic wage and overtime payments, as well as to any other additional payments made arising out of the worker’s employment. Given that gender-based income differentials exist as regards the basic wage, overtime work and additional allowances, the Committee reiterates its request to the Government to indicate whether the equal pay provisions in the Labour Code and the other relevant decrees cover emoluments in addition to basic wages. Please also provide information on any measures taken to assess the extent to which men and women receive additional emoluments (e.g. benefits, allowances, bonuses, employment-based pensions, or in the provision of uniforms and tools), as well as on the conditions and criteria according to which additional emoluments are paid.

4. Article 1(b). Equal remuneration for work of equal value.  The Committee recalls its concern that the Labour Code requirement of equal pay for equal work is more restricted than the Convention which requires equal remuneration for men and women for work of equal value. While the Labour Code appears to require equal remuneration for men and women doing identical jobs, the Convention envisages that the scope of comparison must be broader, allowing for comparison between the remuneration of men and women not only performing identical jobs, but also jobs which are different but nevertheless of equal value. This broad scope of comparison is crucial in eliminating indirectly discriminatory pay differentials that occur through horizontal and vertical segregation of women in the labour market and in eliminating the underestimation of the value of work traditionally performed by women. The Committee therefore invites the Government to consider giving full legislative expression to the principle of the Convention and to indicate in its next report the steps taken in this regard.

5. Articles 2 and 3. Non-discriminatory determination of wages. The Government is asked to ensure that the design and application of wage scales in the public sector are in accordance with the principle of the Convention, and to promote non-discriminatory design and use of wage scales in the private sector. In this regard the Committee notes the Government’s indication that discrimination does not occur in state-owned enterprises where a Government promulgated wage scale is applied. In the private sector, enterprises are obliged to design wage scales in line with principles established by the Government and to consult with workers’ representatives in this regard. The Committee also notes the Government’s indication that the methodology used by MOLISA in fixing wages in specific regions is to promulgate instruments on principles of wage scale design. In this context, the Committee emphasizes that the use of wage scales in itself is not sufficient to promote and ensure the application of the principle of equal remuneration for men and women for work of equal value. In order to continue a dialogue with the Government on whether wage scales are being developed and used in a manner that promotes the application of the Convention, the Committee asks the Government to supply the following information:

(a)  the actual wage scales applied in the public sector and the numbers of women and men in the various occupational categories and their wage levels;

(b)  the principles promulgated by the Government to guide the design of wage scales in the private sector;

(c)  examples of private sector wage scales;

(d)  information on the manner in which the Government ensures that an objective and analytical evaluation of job content is undertaken so as to avoid the introduction of sex stereotypes regarding the value of particular jobs;

(e)  information on any action taken to follow up on the recommendation of the abovementioned study to develop and implement "appropriate wage-fixing mechanisms and corresponding practices based on job descriptions, irrespective whether work is done by men or women".

6. With regard to the Committee’s previous request to the Government for information on the existence of any collective work agreements which include wages or job classifications, the Government is asked to resend the two collective agreements referred to in the Government’s report, as these attachments were not received by the ILO. Please also indicate any activities undertaken by the social partners to promote application of the Convention.

7. Part III of the report form. Enforcement. The Committee reiterates its request to the Government to provide information on the manner in which the labour inspectorate supervises and ensures the application of the relevant legislation and the application of equal remuneration for work of equal value between men and women including information on the methods used. Please also indicate whether any relevant complaints have been made, and how the complaints have been handled including findings, remedies and sanctions.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous request, which read as follows:

1. The Committee draws the attention of the Government to the very broad definition of remuneration contained in Article 1 of the Convention. It asks the Government to indicate whether the equal pay provisions in the Labour Code and the other relevant Decrees cover emoluments in addition to salaries. Please also indicate whether any differences between men and women arise in the payment of any emoluments including benefits, allowances, bonuses, employment-based pensions, or in the provision of uniforms and tools.

2. The Committee again draws the Government’s attention to the principle of the Convention, which requires equality between men and women in remuneration for work of equal value. Noting that the Labour Code requirement of equal pay for equal work is more restricted than the Convention, please indicate the manner in which equal remuneration for work of equal value is ensured in the public sector and promoted in the private sector.

3. The Committee asks the Government to supply the wage scales in the public service and the numbers of women and men in occupational categories and their wage levels. It also invites the Government to collect and provide statistical information, disaggregated by sex, in so far as possible, in accordance with the 1998 general observation on this Convention.

4. Please provide information on the existence of any collective work agreements which include wages or job classifications, and supply copies of any relevant agreements. Please also indicate any activities undertaken by the social partners to promote application of the Convention.

5. The Committee asks the Government to supply information on the methods used by the Minister of Labour to set wages by sector. In this regard, please provide information on the manner in which the Government ensures that an objective and analytical evaluation of job content is undertaken so as to avoid the introduction of sex stereotypes which may underestimate the value of the work associated with work that women traditionally perform.

6. Please provide information on the manner in which the labour inspectorate supervises and ensures the application of the relevant legislation and the application of equal remuneration between men and women including information on the methods used. Please also indicate whether any relevant complaints have been made, and how the complaints have been handled including findings, remedies and sanctions.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information contained in the first report of the Government.

1. The Committee draws the attention of the Government to the very broad definition of remuneration contained in Article 1 of the Convention. It asks the Government to indicate whether the equal pay provisions in the Labour Code and the other relevant Decrees cover emoluments in addition to salaries. Please also indicate whether any differences between men and women arise in the payment of any emoluments including benefits, allowances, bonuses, employment-based pensions, or in the provision of uniforms and tools.

2. The Committee again draws the Government’s attention to the principle of the Convention, which requires equality between men and women in remuneration for work of equal value. Noting that the Labour Code requirement of equal pay for equal work is more restricted than the Convention, please indicate the manner in which equal remuneration for work of equal value is ensured in the public sector and promoted in the private sector.

3. The Committee asks the Government to supply the wage scales in the public service and the numbers of women and men in occupational categories and their wage levels. It also invites the Government to collect and provide statistical information, disaggregated by sex, in so far as possible, in accordance with the 1998 general observation on this Convention.

4. Please provide information on the existence of any collective work agreements which include wages or job classifications, and supply copies of any relevant agreements. Please also indicate any activities undertaken by the social partners to promote application of the Convention.

5. The Committee asks the Government to supply information on the methods used by the Minister of Labour to set wages by sector. In this regard, please provide information on the manner in which the Government ensures that an objective and analytical evaluation of job content is undertaken so as to avoid the introduction of sex stereotypes which may underestimate the value of the work associated with work that women traditionally perform.

6. Please provide information on the manner in which the labour inspectorate supervises and ensures the application of the relevant legislation and the application of equal remuneration between men and women including information on the methods used. Please also indicate whether any relevant complaints have been made, and how the complaints have been handled including findings, remedies and sanctions.