Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Employment Service Convention, 1948 (No. 88) - Viet Nam (Ratification: 2019)

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Articles 1 and 2 of the Convention. Structure and functioning of the free public employment service. The Committee welcomes the Government’s first report on the application of the Convention. It notes with interest that section 37 of the Law on Employment of 2013 provides for a national system of free public employment service agencies, as required by Article 1(1) of the Convention. The Committee notes that section 37 provides for the establishment of public employment agencies by Ministers, heads of ministerial-level agencies, the chairs of the Provincial People’s Committees (PPC) and the heads of the central socio-political organizations. The Government is responsible for establishing the conditions, organization and functioning of the public employment agencies. Section 38 of the 2013 Employment sets out the tasks of public employment agencies, which include: providing employment services to workers free of charge, supplying workers at the request of employers, collecting labour market information, analyzing and forecasting labour market trends, implementing employment programs and projects, and providing workers with vocational training. The Government indicates that Decree No. 23/2021/ND-CP regulates the establishment and functioning of public employment agencies pursuant to section 37 (3) of the Employment Law, as well as establishing conditions for the operation of private employment agencies provided for in section 39 of the Law. The Ministry of Labour, Persons with Disabilities and Social Affairs (MOLISA) is responsible for management of the public employment service (PES) at the national level, whereas the Provincial People’s Committee (PPC), supported by the Department of Labour, Persons with Disabilities and Social Affairs (DOLISA), a specialized agency, are responsible for management of the PES at the provincial level. While the PPC decides on the establishment, reorganization, dissolution, review and strengthening of the provincial centers to ensure conformity with the standards and conditions established by section 3 of Decree No. 23/2021/ND-CP, the DOLISA directly manages and administers the activities of the centers. The Government indicates that the activities of the PES contribute to the development of the labour market, adding that the urban unemployment rate remains below 4 per cent. During the period of 2011 to 2016, the PES centres provided services to 13,797, 000 persons, 45.35 per cent of which were women. Of this total, 56.63 per cent received support in relation to employment, 23.52 per cent received vocational training and another 13.71 per cent received advice on labour and employment policy. During this period, PES agencies held 5,579 job sessions, with 4,159,000 workers benefiting from placement services. The Committee requests the Government to provide detailed updated information on the manner in which the public employment service ensures, in co-operation with the public and private bodies concerned, the best possible organization of the labour market at the national and provincial levels, as an integral part of the national programme for the achievement and maintenance of full employment and the development and use of productive resources. It also requests the Government to provide information on how and to what extent the labour market information compiled by the public employment service network is used to respond to the changing needs of employers and jobseekers, including in updating vocational training and guidance services to train workers in needed skills. In respect of the application of the Convention, the Government is requested to provide updated detailed information, including statistical data disaggregated by sex and age, on the number of applications for employment received by the public employment service, the number of vacancies notified and the number of persons placed in employment by such offices.

In addition, the Committee observes that having efficient public employment services capacitates countries to provide more intensive support for disadvantaged groups, especially those working in the informal economy or at risk of slipping into long-term unemployment or continued inactivity by considering jobseekers’ competences and labour market opportunities in a more diverse ways. The Committee observes that a number of low- and middle-income countries, where a large proportion of economic activities are informal, employment services often provide support as regards entrepreneurship and self-employment and have introduced income support schemes for informal workers falling into unemployment which register with the public employment service with a view to facilitating their transition towards the formal economy. The Committee would therefore welcome receiving with the next report information on whether and how the public employment service, in combination with active labour market policies, is used as a means to foster the transition from the informal to the formal economy.

Article 3. Establishment of a sufficient number of regional offices. The Committee notes with interest the Government’s indication that the public employment service network covers all provinces of the country The Government reports that 98 public employment centers have been established in the different provinces, 63 of which were established by the PCC and are functioning under the management of the DOLISA. The Government adds that these local agencies represent the core of the public employment service network. A branch network has also been established in residential, industrial and export processing zones, consisting of 227 branches and job transaction floors, in order to ensure prompt and convenient services for employers and jobseekers. The Government reports that the 63 employment service centers managed by the DOLISA, together with the 227 branches and job transaction floors employ a total of 3,198 people. The Committee understands that MOLISA launched the first online job transaction floor connecting the country’s 63 cities and provinces in March 2023, with the aim of linking job markets throughout the country and improving the efficiency of online job transactions. In addition, the Committee notes the Government’s reference to the PES master plan for the period 2016-2025, established by the Prime Minister by Decision No. 1833/QD-TTg of 28 October 2015, which provides the basis for review and organization of the PES network. The Government adds that the number of PES centers is not expected to increase until 2025, as the focus will be placed on improving the quality of the existing employment service centers. The Committee requests the Government to communicate updated information on the nature, scope and impact of the activities of the national and regional PES centres, including the branch networks and job transaction floors, in meeting the needs of employers and jobseekers. The Government is further requested to provide information on the arrangements made to review and, if necessary, revise the public employment service network in order to meet the changing requirements of the labour market in all geographical regions of the country.

Articles 4 and 5. Consultations with the social partners. The Government indicates that the national labour legislation does not specifically provide for the establishment of an advisory committee with respect to the organization and operation of the public employment service and the development of employment service policies. National regulations nevertheless contains provisions ensuring the participation of employers’ and workers’ representatives in the formulation of policies on common issues regarding labour, employment and labour relations, including the public employment service. The social partners are therefore consulted pursuant to the Law on Promulgation of Legal Documents of 2015, which require the participation of those directly affected by the legal documents. The Government also refers to Decree No. 53/2014/ND-CP and Circular No. 27/2014/TT-BLDTBXH, which require the state management agency responsible for labour matters to consult the representative organizations of employers and workers with respect to the formulation of policies, laws and regulations on labour and labour relations issues. The Committee requests the Government to provide more information on the nature and extent of the participation of employers’ and workers’ organizations in the activities of the public employment service as well as in the development of public employment service policy. It further requests the Government to provide information on measures taken or envisaged to ensure the participation of the social partners in the organization and functioning of the employment service through advisory committees, as required under Article 4 of the Convention.

Article 6. Organization of the employment service. The Government indicates that the mandate and functions of the public employment service centers in the country, which are stipulated in the Law on Employment and in Decree No. 23/2021/ND-CP, include the provision of consulting services, job referral services and free labour market information, the implementation of programs and projects on employment, and the management of the unemployment insurance policy. Regarding consulting activities, the Government reports that for the period 2011–16, the centers have consulted with 13,797,000 people, providing advice mostly on employment (56.63 per cent), vocational training (23.52 per cent) and labour and employment policies (13.71 per cent). It points out that female workers accounted for 45.35 per cent of the total workers who sought consulting services. With respect to job referral, labour supply and recruitment activities, the Government states that they are conducted either directly at the employment centers, their satellite transaction floors or employment sessions, or indirectly through job portals, websites, phone calls or messages. It reports that for the period 2011–16, the centers held 5,579 job sessions and provided job referral and placement services to 4,159,000 workers. As regards the provision of labour market information, the Government reports that the centers have collected information on job vacancies and jobseekers, uploaded this data on their website, and have shared it nationally via their job portal. Moreover, the centers were directly involved in the development of databases and labour market surveys conducted by the MOLISA and the General Statistics Office. With respect to the unemployment insurance policy, the Government states that the insurance regimes for unemployed workers are organized by the centers in a professional manner, and that operational efficiency gradually improved over time. It reports that the number of people participating in unemployment insurance rose from 7,968,000 in 2011 to 13,270,000 in 2020, and that the number of workers who applied for unemployment benefits also increased, from 295,400 in 2011 to 592,410 in 2016. The Committee requests the Government to provide detailed updated information, including disaggregated statistical data, on the nature, scope and impact of all of the activities enumerated in Article 6 of the Convention and carried out by the public employment service to ensure effective recruitment and placement, including measures taken to facilitate occupational and geographical mobility (Article 6(b)) and to assist other public and private bodies in social and economic planning calculated to ensure a favourable employment situation (Article 6(e)).

Article 7. Particular categories of jobseekers.Persons with disabilities. The Government that the reports that the PES actively cooperates with organizations and enterprises to organize job consulting and introduction activities, as well as job sessions, for persons with disabilities. In this regard, the Committee notes the establishment, in the framework of the National Target Program on Vocational Education, Employment and Occupational Safety, of the Labour Market Development Project, which aims to provide employment services for 7,500 jobseekers with disabilities. In addition, for the period of 2017–18, the Department of Employment entered into a contract with 22 employment service centers, the Ho Chi Minh Communist Youth Union and the Hanoi Association of People with Disabilities, which: provided job consulting and vocational guidance services to 1,009 persons with disabilities, placed 31 people with disabilities in employment and provided vocational training and guidance to 640 people with disabilities. In 2019, in the context of the target program, the Department of Employment coordinated with the Ho Chi Minh Communist Youth Union, Youth Television and related units to develop communication products on employment for workers in general and people with disabilities in particular. In 2020, the program directly allocated funds to the provinces to support migrant workers, as well as to support job creation for young persons, persons with disabilities, and ethnic minorities. The Committee requests the Government to continue providing information, including up-to-date statistics disaggregated by sex and age, on the nature and impact of the measures taken to meet the employment needs of particular categories of jobseekers, such as persons with disabilities, young persons, migrant workers and ethnic minorities, as well as other specific groups vulnerable to decent work deficits, including measures taken, in the framework of the National Target Program on Vocational Education, Employment and Occupational Safety.

Article 8. Employment of young persons. Noting that the unemployment rate of young persons 15 to 24 years of age is much higher than the overall unemployment rate in the country, the Government indicates that employment support for this category of jobseekers is a priority of PES activities. The Government indicates that the Labour Market Development Project, under the auspices of the National Target Program on Vocational Education, Employment and Occupational Safety, seeks to support the participation of 10,000 young persons in entrepreneurship training courses. In 2019, the Department of Employment signed a contract with 26 employment service centers to provide; career orientation and consulting services for 121,570 students and young persons (75 per cent of whom are from rural areas); employment opportunities for 9,620 young persons; as well as vocational training and guidance for 39,839 young persons. The Department of Employment also cooperated with the Ho Chi Minh Communist Youth Union to develop communication products to promote employment for young persons, and with Youth Television to broadcast three online programs on employment. In 2020, funds were allocated to 33 employment service centers to carry out seminars, provide vocational education and guidance, job fairs and online job transaction floors aimed at young people. With respect to youth employment, the Committee observes that skills-based approaches to intermediation using work-based learning is part of a broader trend among employment services to tailor support to jobseekers in a more holistic manner. Employers are often involved in the design of work-based learning programmes are encouraged to take responsibility for providing the participants with a quality experience in a real work setting. Moreover, relaxing strict eligibility criteria and facilitating registration have helped to facilitate participation in these measures for certain groups, such as young persons, women and informal workers), as strict administrative procedures may discourage participation. The Committee requests the Government to communicate detailed updated information, including statistical data disaggregated by age and sex, on the outcome of the measures taken or envisaged, including in the framework of the National Target Program on Vocational Education, Employment and Occupational Safety, to give effect to Article 8 of the Convention. The Government is also requested to indicate whether and to what extent work-based learning and facilitating registration procedures are measures that have been implemented or envisaged to promote the employment of young persons.

Article 9. Training of employment service staff. The Government indicates that, as public employees, the staff of PES centers must therefore meet the standards on professional capacity and training qualifications established under Circular No. 02/2021/TT-BNV and the Law on Public Employees. It adds that standards and codes of professional titles for PES are currently under development. Decree No. 110/2017/ND-CP provides guidance on the methods, contents and programs of training for public employees, including for PES staff. The Committee notes that the MOLISA has organized annual professional training courses for PES staff in the framework of the National Target Program on Vocational Education, Employment and Occupational Safety, as well as other projects and programs. Most PES centers (56.7 per cent) expect their staff to be fully trained on the process, functional system and values of the PES. The Government adds that 83.3 per cent of PES centers have developed assessment tools to evaluate staff performance. The Committee requests the Government to provide further information on the content of the annual staff training courses organized by the MOLISA, indicating the number of staff trained, both at the time of appointment as well as ongoing training.

Article 11. Cooperation between public and private employment agencies. The Government indicates that the Department of Employment has instructed PES centers to cooperate with private employment agencies (PEAs) with a view to improving their collaboration, sharing experiences, information and improve the efficiency of employment service activities. The Government indicates that the MOLISA signed a cooperation agreement for the period from 2018 to 2020 with Manpower Group Viet Nam to obtain information on labour trends, human resources, automation and digitalization, as well as to assist with the development of skills training programs for PES staff. The Government also refers to a memorandum of understanding on information cooperation signed by the MOLISA with Navigos Group Viet Nam, pursuant to which Navigos Group provides information on the labour market, which MOLISA publishes on a quarterly basis. The Committee requests the Government to provide detailed information on the impact of the abovementioned measures, and to continue to provide updated information on the effective cooperation between the public employment service and private employment agencies. Furthermore, noting that private employment agencies can, in collaboration with a well-functioning public employment service, play a critical role in improving labour market efficiency, the Committee wishes to draw attention to the ILO Campaign to promote the joint ratification of Convention No. 88 and the Private Employment Agencies Convention, 1997 (No. 181). The Committee therefore invites the Government to consider ratifying also Convention No. 181, as it represents the most up-to-date instrument in the area of private employment services which recognizes the role of these agencies to complement and contribute to achieving the effective implementation of the objectives of Convention No. 88.