Documented violations - actual number of cases may be higher
Population:
Capital: Hanoi
Capital: Hanoi
The government continued to repress independent unions. Four workers’ rights activists were condemned to heavy prison sentences. The official trade union confederation is criticised on all sides for its ineffectiveness.
ILO Core Conventions Ratified:
100 Equal Remuneration for Work of Equal Value (1951) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
100 Equal Remuneration for Work of Equal Value (1951) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
reported violations - 2011
Background
Vietnam held the presidency of ASEAN (Association of Southeast Asian Nations) in 2010. The country remains under the single party rule of the Communist Party. Some of its members are advocating an opening, but repression of any sign of dissidence was stepped up in the run-up to the party’s congress in January 2011.
ILO Core Conventions Ratified:
100 Equal Remuneration for Work of Equal Value (1951) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
100 Equal Remuneration for Work of Equal Value (1951) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Population:
Capital: Hanoi
Capital: Hanoi
reported violations- 2011
Documented violations - actual number of cases may be higher
Trade union rights in law
There are many obstacles to the free enjoyment of trade union rights. Workers may not organise or join unions of their choosing, as all unions must be approved by and affiliate with the Vietnam General Confederation of Labour (VGCL) and operate under its umbrella. The VGCL, on its part, is under the leadership of the ruling party. Individual unions can only affiliate with, join or participate in international labour bodies if approved by the VGCL.
While VGCL-affiliated unions have the right to bargain collectively, the right to strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
is severely restricted. The voting thresholds for calling a strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
are prohibitively high, and all strikes must relate to collective labour disputes or concern industrial relations
industrial relations
The individual and collective relations and dealings between workers and employers at the workplace, as well as the institutional interaction between unions, employers and also the government.
See social dialogue
. Furthermore, strikes that involve more than one enterprise are illegal, as are strikes called in public services or state-owned enterprises. Strikes are also banned in sectors considered important to the national economy and defence, a definition which currently covers a total of 54 sectors. The Prime Minister can suspend a strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
considered detrimental to the national economy or public security. Finally, if a strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
is ruled illegal, the union and the individuals involved are liable for compensation to the employer for “losses and damages”.
Freedom of association / Right to organize
Principles
Freedom of association :
- >The right to freedom of association is enshrined in the Constitution.
- >The right to freedom of association is recognized by law but strictly regulated.
Anti-Union discrimination:
- >The law prohibits anti-union discrimination.
Acts of anti-union discrimination are prohibited by the Labour Code. An employer must receive permission from the union or from a higher level Vietnam General Confederation of Labour body before dismissing any member of the union's executive committee.
Restrictions
Restrictions on workers' right to form and join organizations of their own choosing:
- >Single trade union system imposed by law and/or a system banning or limiting organising at a certain level (enterprise, industry and/or sector, regional and/or territorial, national)
- Any union formed must be approved by and affiliate with the Vietnam General Confederation of Labour (VGCL) and operate under its umbrella. The Law on Trade Unions sets out that trade unions operate “under the leadership of the Communist Party of Vietnam”, and the VGCL’s "Statutes of the Vietnamese Trade Unions" also clearly state that unions are under the Party’s leadership.
- >Restrictions on workers' right to join the trade union of their choosing imposed by law (i.e. obligation to join a trade union of a certain level e.g. enterprise, industry and/or sector, regional and /or territorial national)
- According to the Labour Code, a union must be formed by the local or industry trade unions within six months of the establishment of any new enterprise with ten employees or more. Businesses with less than ten employees are excluded from these requirements. The employer is responsible for "facilitating the early establishment" of the union, and shall also “cooperate closely with it” once it is legally formed.
- >Restrictions on trade unions' right to establish branches, federation and confederation or to affiliate with national and international organisations
- According to the Law on Trade Unions, individual unions are only able to affiliate with, join or participate in international labour bodies "in conformity with their activity objectives". These objectives are determined by the national Vietnam General Confederation of Labour, giving it effective power to prevent international contacts or affiliations of which it does not approve.
Right to collective bargaining
Principles
Right to collective bargaining:
- >The right to collective bargaining is recognised by law.
Vietnam General Confederation of Labour-affiliated unions have the right to bargain collectively on behalf of all workers in an enterprise.
Right to strike
Principles
Right to strike:
- >The right to strike is recognised by law but strictly regulated.
The July 2007 amendments to the Labour Law provide for different procedures for disputes over rights and disputes over interests.
Restrictions
Legal barriers to lawful strike actions:
- >Obligation to observe an excessive quorum or to obtain an excessive majority in a ballot to call a strike
- The law states that at least 50% of the workers in an enterprise with less than 300 workers must vote for a strike. For enterprises with 300 workers or more, the requirement increases to 75%.
- >Compulsory recourse to arbitration, or to long and complex conciliation and mediation procedures prior to strike actions
- The Labour Law sets out an extensive process of mediation and arbitration that must be followed before a strike can legally take place.
Ban or limitations on certain types of strike actions:
- >Restrictions with respect to the objective of a strike (e.g. industrial disputes, economic and social issues, political, sympathy and solidarity reasons)
- Strikes are illegal if their origin does not arise from a collective labour dispute or if they concern issues outside the scope of industrial labour relations.
- >Restrictions with respect to the level or scope of a strike (e.g. (enterprise, industry and/or sector, regional and/or territorial, national)
- Sectoral/industrial strikes are clearly banned by a provision in the Labour Law which states that any strike that involves more than one enterprise is illegal.
Undue interference by authorities or employers during the course of a strike:
- >Authorities' or employers''' power to unilaterally prohibit, limit, suspend or cease a strike action
- The Prime Minister has the right to suspend a strike considered detrimental to the national economy or public security.
Provisions undermining the recourse to strike actions or their effectiveness:
- >Discrimination in favour of non-strikers
- A “work stoppage allowance” can be paid to workers who do not take part in a strike but are prevented from working because of it. Striking workers are not entitled to pay and benefits.
- >Excessive civil or penal sanctions for workers and unions involved in non-authorised strike actions
- If a strike is ruled illegal, the law holds that the workers' organisation and individuals involved in the strike are liable for compensation to the employer for "losses and damages".
- >Other legal provisions undermining the right to strike
- The law states that in non-unionised enterprises "a strike must be organised and led by representatives nominated by workers". The names of those workers' representatives must be sent to the Vietnam General Confederation of Labour.
Limitations or ban on strikes in certain sectors:
- >Discretionary determination or excessively long list of "essential services" in which the right to strike is prohibited or severely restricted
- Strikes are prohibited in sectors considered by the government to be important to the national economy and defence. The definition is broad, covering a total of 54 sectors, including railway, maritime and air transportation, banks, post and telecommunications, electricity production and the oil and gas industries.
- >Undue restrictions for "public servants"
- Strikes are prohibited in public services and in state-owned enterprises.
ILO Core Conventions Ratified:
100 Equal Remuneration for Work of Equal Value (1951) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
100 Equal Remuneration for Work of Equal Value (1951) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Population:
Capital: Hanoi
Capital: Hanoi
reported violations - 2011
Documented violations - actual number of cases may be higher
In practice
No freedom of association: Workers do not have the right to form or join a trade union that is not affiliated to the Vietnam General Confederation of Labour (VGCL), the official labour confederation controlled by the Communist Party. A new generation of trade unionists is emerging however, who do not have such close links to the party, notably in the post and telecommunications sector.
Union representatives often co-opted: The ability of unions that are affiliated to the Vietnam General Confederation of Labour (VGCL) to effectively bargain with management is handicapped by the fact that at many private enterprises, VGCL representatives are either considered by the workers to be close to management or are actually management officials.
Internet under surveillance to prevent calls for strike action: The government blocks access to politically sensitive sites. Internet cafe managers are required to monitor and record their customers’ online activity. In April, the Hanoi People’s Committee (the city’s executive organ) issued a legal decision that all internet cafes must install monitoring software approved by the authorities, prohibiting the use of the internet to “call for illegal demonstrations, boycotts, unlawful gatherings for grievances and complaints”.
Court proceedings lead to impasse: Workers wanting to claim respect for their rights in court face numerous obstacles, including the slowness and cost of the proceedings, or the absence of an employment contract.
ILO Core Conventions Ratified:
100 Equal Remuneration for Work of Equal Value (1951) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
100 Equal Remuneration for Work of Equal Value (1951) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Population:
Capital: Hanoi
Capital: Hanoi
reported violations - 2011
Documented violations - actual number of cases may be higher
Violations
Tran Khai Than Thuy condemned to three-and-a-half years in prison: Tran Khai Than Thuy, a renowned journalist and writer, has been subjected to several periods of detention and house arrest since becoming one of the founders of the Independent Workers’ Union in 2006. According to Human Rights Watch, she was arrested once again in 2009 after trying to attend the trials of other dissidents in Hanoi and Haiphong. On 5 February, she was sentenced to three-and-a-half years in prison on trumped-up charges.
Le Thi Cong Nhan harassed following release: Le Thi Cong Nhan is a lawyer and multi-party democracy campaigner. She was imprisoned in 2007 for having “conducted propaganda activities against the State”. During her trial she was accused of “fallacious interpretation” of government policies on labour unions. The articles she posted on internet criticised the national legislation that allows for arbitrary arrests as well prohibiting the formation of independent trade unions and the exercise of the right to strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike . Le Thi Cong Nhan was released on 6 March but will remain under probation for another three years. Human Rights Watch reports that she has been arrested three times since her release: on 9 March, when she was interrogated by the police after meeting with a foreign journalist; on 28 May, when the police dragged her out of a Hanoi cafe where she was going to meet two foreigners, then kept her in detention for five hours; and on 4 November, when plainclothes police officers arrested her at a restaurant where she was eating with friends and took her to the police station where they interrogated her for over six hours.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike . Le Thi Cong Nhan was released on 6 March but will remain under probation for another three years. Human Rights Watch reports that she has been arrested three times since her release: on 9 March, when she was interrogated by the police after meeting with a foreign journalist; on 28 May, when the police dragged her out of a Hanoi cafe where she was going to meet two foreigners, then kept her in detention for five hours; and on 4 November, when plainclothes police officers arrested her at a restaurant where she was eating with friends and took her to the police station where they interrogated her for over six hours.
Seven to nine year imprisonment for three workers’ rights activists:
In February, police arrested three activists for distributing anti-government leaflets and organising
organising
The process of forming or joining a trade union, or inducing other workers to form or join one.
strikes in Tra Vinh province. They were Doan Huy Chuaong, aged 25, arrested on 11 February, Nguyen Hoang Quoc Hung, aged 29, arrested on 24 February, and Do Thi Minh Hanh, aged 25, arrested on 23 February. They were also accused of sending photos of a strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
to a Vietnamese workers’ support committee based in Poland. Witnesses reported that Do Thi Minh Hanh was slapped on the face by the police officers during her arrest. Nguyen Hoang Quoc Hung was condemned on 27 October to nine years in prison by a court in Tra Vinh province and the two others were each sentenced to seven years for “disturbing law and order”.
One of the activists, Doan Huy Chuong, is a founding member of the United Workers-Farmers Organization (UWFO). He had already spent 18 months in prison in 2007 and 2008 for “abusing democratic freedoms”. His father, Doan Van Dien, had been arrested on the same charges in 2006 and is still in jail after being condemned to four-and-a-half years in prison in December 2007. The UWFO spokesperson, Tran Quoc Hien, has also been in prison since 2007, and is not due to be released until 2012.
The two other activists sentenced on 27 October, Nguyen Hoang Quoc Hung and Do Thi Minh Hanh, are members of the Victims of Injustice movement, which assists impoverished workers and landless farmers.
These activists are among the thirty or so prisoners of conscience identified by Amnesty International at the end October in Vietnam. Along with a number of independent trade unionists, the list also includes supporters of banned political groups, bloggers, journalists, writers and businessmen.
ILO Core Conventions Ratified:
100 Equal Remuneration for Work of Equal Value (1951) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
100 Equal Remuneration for Work of Equal Value (1951) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Population:
Capital: Hanoi
Capital: Hanoi
reported violations - 2011
Documented violations - actual number of cases may be higher