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

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

Autre commentaire sur C029

Observation

Demande directe

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Articles 1(1) and 2(1) of the Convention. Freedom of civil servants to terminate their employment contract. The Committee previously noted that, under section 3 of the Decree on job discontinuation and retirement procedures applicable to civil servants (Decree No. 46/2010), civil servants are entitled to terminate their employment contracts at their own will, subject to the consent of the competent agencies, organizations or units. If the competent agencies do not accept the resignation, they shall state the grounds for refusal, which may include, inter alia, the workers’ non-fulfilment of “an obligation to pay money or assets under their personal liability towards their agencies, organizations or units” (section 4(1)). Section 36 of Decree No. 29/2012/ND-CP provides for situations where staff shall compensate for the training costs. The Committee therefore requested the Government to provide, where available, information on the application of section 4(1) of Decree No. 46/2010 and section 36 of Decree No 29/2012/ND-CP in practice, indicating the cases in which resignations were refused.

The Committee notes the Government’s information that Decree No. 29/2012/ND-CP has been replaced by Government Decree No. 101/2017/ND-CP of 1 September 2017 on training and retraining officials and civil servants. Section 7 provides that officials and civil servants at intermediate level or higher, who received training funded by the State budget or funds by the agencies where they work, shall compensate for training expenses if they unilaterally terminated the employment contract before having served the committed period. The Government also indicates that there is no statistical information on the application of section 4(1) of Decree No. 46/2010/ND-CP and section 36 of Decree No. 29/2012/ND-CP in practice. The Committee therefore requests the Government to provide information on the application of section 7 of Decree No. 101/2017/ND-CP in practice, in its future reports.

Article 2(2)(c). Work imposed as a consequence of a conviction in a court of law. Probation and non-custodial sentences. The Committee previously noted that section 65(2) of the Act on the Execution of Criminal Judgments states that, during a probation term, a person subject to a suspended sentence shall be assisted by the commune-level People’s Committee in finding a job. With regard to persons serving non-custodial reform sentences, section 76(3) of the Act provides that a sentenced person who is not a civil servant or other government employee shall be assisted by the commune-level People’s Committee in seeking employment. The Committee requested the Government to indicate whether persons serving non-custodial reform sentences, or persons subject to suspended sentences, are under an obligation to perform work.

The Committee notes the Government’s indication that the law does not provide for compulsory labour for people serving suspended sentences or non-custodial sentences, and that persons concerned are in principle entitled to work at any type of entity, if no employment restriction is imposed by the court.

Article 2(2)(d). Cases of emergency. In its previous comments, the Committee noted that section 107 of the Labour Code provides that the employer has the right to require employees to work overtime on any day, and employees shall not be entitled to decline such work, if the work is to implement a conscription order for the purpose of national security or national defence in emergency situations; to implement tasks to protect human life, or the assets of agencies, organizations or individuals; or in the prevention and recovery of natural calamities, fires, epidemics and disasters. It accordingly requested the Government to provide information on the application in practice of section 107 of the Labour Code.

The Committee notes the Government’s indication that, in the above-mentioned circumstances, in practice, employers do not force employees to work overtime, and that people offer their work voluntarily. The Committee therefore requests the Government to take the necessary measures to ensure that the relevant provisions are amended to ensure that the national legislation is aligned with the Convention and the practice mentioned. It also requests the Government to provide information on any progress made in this regard.

Article 2(2)(e). Minor communal services. The Committee previously noted that, according to section 7 of Government Decree No. 79/2003/ND-CP of July 2003 (the Regulation on the practice of democracy in communes), residents in the commune can decide the work within the village community, in accordance with the provisions of the law. The Committee therefore requested the Government to provide further information on the exaction of minor communal services in practice, including the duration of the work carried out and the number of persons concerned, as well as on the consultations of the members of the community concerning the need for such services.

The Committee notes the Government’s information that work at the communal and village level are widely discussed between the residents and local government, and that residents are voluntarily involved. The Government also indicates that the tasks performed are mainly cleaning village roads and alleys.

Article 25. Penal sanctions for forced labour. The Committee previously noted that section 297 of the Penal Code adopted in 2015 provides for penal liability for coercive labour. Under this section, any person who uses violence or threat of violence or other methods to force a person to work against his/her will is punishable by a fine of from 50 million to 200 million Vietnamese dong (approximately US$2,195–US$8,782) or imprisonment from six months to 12 years. The Committee requested the Government to provide information on the application of section 297 of the Penal Code in practice, including the number of investigations, prosecutions, convictions and specific penalties imposed.

The Committee notes the Government’s information that, since 2016, no cases have been recorded regarding the crime of coercive labour, as stipulated by section 297 of the Penal Code. The Government also indicates that the Prime Minister issued Decision No. 1359/QD-TTg of 13 September 2017 promulgating the Plan on the implementation of the Penal Code, including activities to reinforce the capacity of law enforcement officials to implement the new provisions of the Penal Code. The Committee requests the Government to continue to take the necessary measures to ensure the effective implementation of section 297 of the Penal Code, and to provide information on its application in practice, including the number of investigations, prosecutions, convictions and specific penalties imposed.