Promoting ILO fundamental conventions towards ratification of Conventions 87, 98, 105, and actions to eliminate discrimination and forced labour in Viet Nam (NIRF/EU Project)

The project aims to contribute to sustainable and inclusive economic growth of Viet Nam by enhancing the existing legislative framework through the better application and implementation of international labour standards consistent with the ILO Declaration on Fundamental Principles and Rights at Work.

Partners
  • The European Union
  • Ministry of Labour, Invalids and Social Affairs (MOLISA)
  • National Assembly’s Social Affairs Committee
  • Viet Nam General Confederation of Labour (VGCL)
  • Viet Nam Chamber of Commerce and Industry (VCCI)
  • Chambers of commerce, including EUROCHAM, sector business associations
Target beneficiaries
  • The Government agencies (not only MOLISA but also other relevant agencies)
  • Officials in wider enforcement authorities
  • Law-makers who are responsible for the Labour Code, Trade Union law and other related laws
  • Representative organizations of employers (VCCI) and workers (VGCL)
  • Media
  • Employers and business representatives in various segments of global supply chains
  • Workers particularly vulnerable groups including women
Geographical focus
At national level (Hanoi)

Project context/overview

A growing number of bilateral and multilateral trade agreements and schemes as well as regional economic integration arrangements contain labour provisions. These provisions often refer to ILO instruments, in particular the 1998 Declaration on Fundamental Principles and Rights at Work (FPRW), and, in the case of recent EU agreements, also to ILO Conventions.

The rights set out in the 1998 ILO Declaration are embodied in 8 core conventions of the ILO, that underpin 1) freedom of association and the effective recognition of the right to collective bargaining (as defined in ILO Convention 87 and 98), 2) the elimination of all forms of forced or compulsory labour (ILO Convention 29 and 105), 3) the effective abolition of child labour (ILO Convention 138 and 182), and 4) the elimination of discrimination in respect of employment and occupation (ILO Convention 100 and 111).

All member states of the ILO, including Viet Nam, are bound to respect these universal rights. However, Viet Nam is yet to ratify three core conventions (Convention 87, 98 and 105) related to freedom of association, right to collective bargaining and elimination of forced labour.

Now Viet Nam is actively pursuing global economic integration agenda, through deeper integration into the global supply chains and also through negotiations and conclusions of various free trade agreements and investment agreements. After the suspension of the 12 nations Transpacific Partnership (TPP) agreement, which triggered labour law and industrial relations reform process in 2016, it is the EU-Viet Nam Free Trade Agreement (EVFTA) which provides renewed external motivation reason, in addition to its internal drive, for Viet Nam to respect and promote ILO FPRW Declaration as part of the agreement’s Trade and Sustainable Development Chapter.

Project objectives

The overall objective of this project is to contribute to sustainable and inclusive economic growth of Viet Nam by enhancing the existing legislative framework through the better application and implementation of international labour standards consistent with the ILO Declaration on FPRW.

As immediate objectives, by the end of this project the following results are expected:
  • Awareness of Viet Nam’s obligations under the ILO FPRW Declaration increased among social partners, journalists and citizens;
  • Policy-makers capacitated to better understand the ILO’s supervisory mechanisms and systems of enforcement of labour provisions in different forms of FTA;
  • Gaps between non-ratified core conventions (C.87, C.98 and C.105) identified and roadmaps towards ratification prepared;
  • Government, workers and employers’ organizations, National Assembly and stakeholders understanding of C.87, C.98 and C.105 improved;
  • Laws and practices with regard to all types of work and occupation related discrimination reviewed in line with C.100 and C.111.

Project outcomes/main activities

  • Social partners and other stakeholders’ awareness is increased for implementation of ILO FPRW Declaration within EVFTA;
  • Implementation of labour provisions of EVFTA is strengthened, in line with ILO FPRW Declaration by the Government of Viet Nam;
  • Level of readiness of the Government of Viet Nam for the ratification of ILO C.87, C.98 and C.105 is increased through identified gaps between non-ratified core conventions and well-prepared roadmaps towards ratification of;
  • C.87, C.98 and C.105; Legislative and policy framework on the elimination of discrimination in respect of employment and occupation is enhanced for better compliance with C.100 and C.111.

Contact information

Nguyen Ngoc Trieu (Mr)
Acting National Project Coordinator
ILO Country Office for Viet Nam
48-50 Nguyen Thai Hoc, Ba Dinh, Hanoi
Email: trieu@ilo.org
Tel: 091303322

Nguyen Van Binh (Mr)

Deputy Director General, Legal Department
Ministry of Labour, Invalids and Social Affairs
12 Ngo Quyen, Hoan Kiem, Hanoi
Email: vanbinhir@gmail.com
Tel: 0983154130