Observation (CEACR) - adoptée 2020, publiée 109ème session CIT (2021)

Convention (n° 29) sur le travail forcé, 1930 - Viet Nam (Ratification: 2007)

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Article 1(1), 2(2) and 25 of the Convention. Trafficking in persons. 1. Penal sanctions and law enforcement. In its previous comments, the Committee noted that section 119 of the Penal Code prohibits trafficking in persons, and that the adoption of the Act on the Prevention and Suppression of Human Trafficking strengthened the definition of trafficking in persons provided for in this section.

The Committee notes the statistical information provided by the Government in its report on the application of section 119 of the Penal Code as well as the Act on the Prevention and Suppression of Human Trafficking. The Government indicates that from 2016 to 2019, there were 1,059 cases of trafficking detected in the whole country, with 1,432 offenders and 2,674 victims of trafficking. The competent authorities investigated 825 cases and prosecuted 478 cases, with 885 people accused. Moreover, 444 cases were tried, with 909 defendants and 444 cases were resolved and adjudicated, with 818 defendants. However, the Committee notes the absence of information regarding the number of convictions and the penalties imposed. The Committee requests the Government to strengthen its efforts to ensure the strict application of national legislation, so that sufficiently effective and dissuasive penalties of imprisonment are imposed and enforced against perpetrators. It also requests the Government to provide information on measures taken in this regard, including the training and capacity-building of law enforcement authorities, as well as on the results achieved. The Committee further requests the Government to continue providing information on the application in practice of section 119 of the Penal Code as well as the Act on the Prevention and Suppression of Human Trafficking, including the number of prosecutions, convictions and the specific penalties imposed.

2. National policy. Protection of victims. The Committee previously noted the adoption of the Action Programme to prevent and combat human trafficking for the period of 2016–2020. It also noted that several circulars were adopted with regard to the prevention and suppression of human trafficking. The Committee requested the Government to continue its efforts to prevent and combat trafficking in persons, and to provide information on the measures taken and results achieved.

The Committee notes the Government’s information that a standing agency is established to coordinate the implementation of the Action Programme to prevent and combat human trafficking. The Government also indicates the measures undertaken to strengthen international cooperation in this regard, including the ratification of relevant international conventions and the conclusion of a number of bilateral agreements. The Committee further notes the Government’s reference to the Receiving, verifying, protecting and supporting trafficked victims project for the period of 2016–2020, aimed at enabling trafficked victims to access basic social support services and to integrate into the community; encouraging civil society and individuals to participate in providing assistance to victims; and establishing shelters/accommodation for victims. From 2016 to the first half of 2019, 1,254 victims were identified and provided with appropriate assistance, including safe accommodation, psychological counselling, healthcare, life skills-based education, legal assistance upon request, and transfer to their families or other victim support establishments. The Committee requests the Government to continue taking measures to ensure that victims of trafficking are provided with appropriate protection and services, and to provide information on the number of persons benefiting from these services. It also requests the Government to indicate if a new Action Programme to prevent and combat human trafficking is to be developed upon the expiry of the current one in 2020.

Articles 1(1) and 2(1). Work exacted in drug rehabilitation centres. In its previous comments, the Committee noted the Government’s indication that persons staying at drug rehabilitation centres are involved in productive work. According to section 104 of the Act on handling administrative violations, the district-level People’s Court shall examine and decide to send drug addicts above the age of 18 who have been subject to educative measures in communes, wards and towns, but who remain addicted, into compulsory rehabilitation centres for treatment, work, education, vocational training and community reintegration. The Government also indicated that section 27 of Decree No. 221/2013/ND-CP provides for the working conditions in rehabilitation establishments. The Committee requested the Government to provide information on the application of section 27 of Decree No. 136/2016/ND-CP in practice, including the number of persons who are sent to the drug rehabilitation centres and the types of work performed by these persons.

The Committee notes the Government’s information in its report that currently there are 37,384 persons in the drug rehabilitation establishments. The types of work being organized for treatment include mechanical repairing, sewing, carpentry, cultivation and farming, rattan, producing traditional products and preliminary processing of agricultural products. The Government emphasizes that the persons concerned are sent to the drug rehabilitation centres by court decisions, and that the rehabilitation labour is performed under the supervision of public authorities. However, the Committee notes that, in its concluding observations of 2019, the Human Rights Committee expresses its concern about the practice of forced labour and onerous working conditions in drug rehabilitation centres (CCPR/C/VNM/CO/3, paragraph 31). The Committee requests the Government to continue providing information on the application of section 27 of Decree No. 136/2016/ND-CP in practice, including the number of persons who are sent to the drug rehabilitation centres and the types of work performed by these persons.

Article 2(2)(a). Compulsory military service. In its previous comments, the Committee noted that, according to the Act on militia and self-defence forces of 2009, Vietnamese citizens aged between 18 and 45 years for men and between 18 and 40 years for women are obliged to join militia or self-defence forces (section 9). The tasks of the militia and self-defence forces include protecting forests and preventing forest fires, protecting the environment and the construction and socio-economic development of localities and establishments (section 8(4)). The Government indicated that this work includes dredging canals, building roads, supporting the economic development of households, planting trees and contributing to reducing and eliminating poverty. The Committee therefore requested the Government to take the necessary measures to ensure that persons working by virtue of compulsory military conscription laws, including in the militia and self-defence forces, only engage in work of a military nature.

The Committee notes with satisfaction that provisions regarding the engagement of the militia and self-defence forces in socio-economic development tasks were deleted upon the adoption of the Act on militia and self-defence forces in November 2019, with ILO technical assistance. The Government also indicates that currently there are 1,396,431 persons in the militia and self-defence service.

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