Demande directe (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

1. Article 1 of the Convention. Sexual harassment. The Committee draws the Government’s attention to its 2002 general observation under the Convention on the issue of sexual harassment. Noting that the Government has not yet provided any information in reply, the Committee invites the Government to supply the requested information with its next report.

2. Discrimination on the ground of political opinion, colour and national extraction. The Committee recalls that the prohibited grounds of political opinion, colour and national extraction are neither mentioned in the Constitution nor in the Labour Code. In this regard, the Government states that under the Constitution all citizens are equal before the law (article 52) and that work is a right and duty of every citizen (article 55). It also states that the grounds of national extraction and colour could be read into the ground of race contained in section 5(a) of the Labour Code, and that social origin mentioned in the same provision could be interpreted as covering the ground of political opinion.

3. The Committee notes that while the principle of equality of all citizens before the law may provide certain protection from discrimination, the Convention is intended to provide specific protection from discrimination in employment and occupation on the grounds listed in its Article 1(1)(a). With regard to the Government’s views as stated above, the Committee notes that citizens of a foreign national extraction may not always distinguish themselves from other citizens in respect to race; and persons of the same race may be lighter or darker in complexion. The Committee therefore observes that the ground of race does not provide protection from discrimination on the grounds of national extraction and colour in all instances. Further, the Committee cannot share the Government’s interpretation of the criteria of political opinion and social origin as it contradicts their distinct meaning under the Convention. Under the Convention, equality of opportunity and treatment in employment and occupation on the basis of political opinion means that nobody should be subject to any distinction, exclusion or preference because of one’s political opinions or views, including activities expressing or demonstrating opposition to the established political principles, or simply a different opinion. By contrast, the problem of discrimination on the basis of social origin arises when an individual’s membership in a class, socio-occupational category or caste determines his or her occupational future by denying him or her certain jobs or activities. The Committee therefore requests the Government to provide information on any measures taken or envisaged to ensure the Convention’s application, in law and practice, in respect to equality of opportunity and treatment on the basis of political opinion, national extraction and colour.

4. Discrimination on the ground of religion. The Committee notes that the Standing Committee of the National Assembly adopted an Ordinance No. 21/2004/PL-UBTVQH11 regarding religious beliefs and religious organizations on 18 June 2004. Section 8 of the Ordinance states that discrimination on the grounds of religious belief and religious organization that violates a citizen’s freedom of religious belief and religious organization is not allowed. Please provide information on the application of this provision indicating the manner in which it provides protection against religious discrimination in employment.

5. Article. 2. Equality of opportunity and treatment of men and women. The Committee notes the Government’s indication that stereotypical views concerning women’s abilities and traditional roles remain obstacles to women’s equal access to employment. The Government indicates that the National Action Plan for the Advancement of Women by the Year 2010 contains targets regarding women’s employment and training. The Government also states that that amendments to Decree No. 23/CP 1996 which further implements the Labour Code’s provisions on women’s employment are being studied, including with regard to training of female workers for a reserve job and the financial and tax benefits offered to enterprises employing many women. The Government is requested to provide the following information in its next report:

(a)  information on any progress made in the implementation of the employment related targets of the National Action Plan for the Advancement of Women 2010, and information on the progress made in reviewing Decree No. 23/CP 1996;

(b)  indications on any consideration given to the conclusions and recommendations regarding gender equality contained in the study entitled "Equality, Labour and Social Protection for Women an 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;

(c)  information on any measures taken to address discrimination against women in the context of hiring as well as their terms and conditions of employment, such as prohibitions by the employer to get married or have children for a certain period after recruitment;

(d)  information on the measures taken to improve women’s skill’s levels and equal access to micro credit facilities, including in rural areas.

6. The Committee further notes that the 2002 amendments to the Labour Code (Law No. 35-2002-QH10 of 2 April 2002) introduced section 145(1a) providing that female employees who are 55 years of age and who have paid social insurance contributions for 25 years and male employees who are 60 years of age and who have paid social insurance contributions for 30 years shall be entitled to the same maximum rate of monthly pension as stipulated by the Government. Please indicate whether any consideration is being given to providing an equal retirement age of men and women, in view of the principle of equality and in order to enable women to access to higher-level positions.

7. Equality of opportunity and treatment of ethnic minorities. The Committee would appreciate receiving information on any measures taken to promote equality of opportunity and treatment in employment and occupation of ethnic minorities, including with regard to access to training.

8. Article 3(a). Cooperation with workers’ and employer’s organizations. The Committee notes that equality issues have been covered by the general briefings on labour legislation for workers and employers organized by MoLISA, as well as workers’ and employers’ organizations. Please continue to provide information on any educational programme to promote the observance and acceptance of the national policy on equality of opportunity and treatment in employment and occupation.

9. Article 4. Measure affecting individuals who are justifiably suspected of, or engaged in, activities prejudicial to the security of the State. The Committee notes under section 36 of the Penal Code a ban from holding certain posts, or bans from practicing certain occupations or doing certain jobs can be imposed when it is deemed that to allow the sentenced persons to hold such posts, practice such occupations or do such jobs, may cause harm to society. The Government is asked to provide information on the application of this provision in practice, indicating the number of bans imposed under section 36 of the Penal Code, as well the offences in connection which such bans where imposed. The Committee also requests the Government to indicate whether the persons on whom a ban under section 36 has been imposed have the right to appeal to a competent independent body.

10. Article 5. Special measures. The Committee notes the list of types of work which are prohibited for women by reason of the excessive physical burden or hazardous nature of work. The Committee recommends that the Government, in consultation with representatives of workers’ and employers’ organizations, reviews the list in order to assess whether these restrictions for women’s employment are still necessary, in view of the principle of equality, improvements in conditions of work and changing attitudes.