Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

The Committee has noted with interest the information provided by the Government in its first report on the application of the Convention. It requests the Government to provide, in its next report, additional information on the following points.

Communication of texts. The Committee requests the Government to supply, with its next report, copies of the following legislation: Law on Military Service 1981; Ordinance on Militia and Self Defence Force 2004; Law on People’s Police 2005; Ordinance on Military Reserve Forces 1996; Ordinance on Mobilization of Private Sector for National Defence 2003; Ordinance on National Defence Industry 2008; and Law on the Organization of People’s Council and People’s Committee 2003.

Articles 1(1) and 2(1) of the Convention. Freedom of civil servants to terminate employment contract. The Committee notes 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 competent agencies, organizations or units. The Committee further notes that under section 4(1) of the same Decree, in order to terminate employment, civil servants must submit written applications to the competent agencies, organizations or units, which have 30 days to accept it or not. In the latter case, the competent authority 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” or task requirements of the workers’ agencies, organizations or units. The Committee recalls, referring also to the explanations in paragraphs 96–97 of its 2007 General Survey on the eradication of forced labour, that the effect of statutory provisions preventing termination of employment of indefinite duration by means of notice of reasonable length amounts, in practice, to turning a contractual relationship based on the will of the parties into service by compulsion of law, and is thus incompatible with the Convention.

The Committee therefore asks the Government to take the necessary measures to bring the abovementioned provisions into conformity with the Convention. Pending the adoption of such measures, the Committee requests the Government to provide information on the application of the abovementioned provision in practice, indicating the number of cases in which resignations were refused and the grounds for refusal.

Articles 1(1), 2(1) and 25. Trafficking in persons. The Committee notes section 119 of the Penal Code as amended in 2009, which prohibits trafficking in persons. It also notes the information provided by the Government as regards measures taken to strengthen international cooperation to eliminate trafficking in human beings, in particular the bilateral cooperation agreements on prevention and combating trafficking in women and children signed with Cambodia, Thailand and Australia. The Committee further notes the information in the Government’s report concerning its interest in ratifying the UN Protocol to Prevent Suppress and Punish Trafficking in Persons (Palermo Protocol).

The Committee requests the Government to provide information concerning the application in practice of section 119 of the Penal Code, including information on penalties imposed on perpetrators and, more generally, to provide further information on law enforcement measures taken or contemplated, as well as measures designed to strengthen investigations and prosecutions. It also asks for information on measures taken to improve the training of relevant agents and cooperation with social partners. Please continue to provide information on measures taken to strengthen international cooperation.

Article 2(2)(a). Compulsory military service. The Committee notes article 77 of the Constitution, which provides for compulsory military service and participation in building a national defence amongst citizens’ obligations. Noting also the Government’s statement in its report that “the works undertaken by Vietnamese citizens for the armed forces are of pure military character”, the Committee requests the Government to indicate, in its next report, what guarantees are provided to ensure that work or services exacted under compulsory military service laws are used purely for military ends, and to provide copies of relevant legal provisions.

Article 2(2)(c). Prison labour. The Committee notes the provision of section 3, paragraph 4, of the Penal Code which establishes that persons sentenced to imprisonment must be “compelled to serve their sentences in detention camps, to labour and study so as to become persons useful to society.”

The Committee further notes the Government’s indication in its report that section 22 of the Ordinance on Enforcement of Judgement by Imprisonment provides for compulsory prison labour. The Government also indicates that, according to the Regulation on Stockade, the use of inmates’ labour for private or individual enterprises is strictly prohibited. The Committee requests the Government to provide copies of the above provisions of the Ordinance on Enforcement of Judgement by Imprisonment and the Regulation on Stockade.

Article 2(2)(e). Minor communal services. The Committee notes the information provided by the Government in its report as regards the provisions of the Law on the Organization of People’s Council and People’s Committee that authorize communal authorities to mobilize local people to perform minor services for the direct interest of the community. It further notes the indication in the Government’s report that “the local People’s Council shall have the right and responsibility to develop and adopt the plan of mobilization of human resources to provide communal services”. The Committee requests the Government to provide copies of the legislation regarding communal services. Please also indicate whether members of the community or their direct representatives are consulted in regard to the need for such services.

Article 25. Penal sanctions. The Committee notes that despite the administrative penalties punishing labour law violations provided in sections 192 and 195 of the Labour Code, no specific criminal offence concerning forced labour is established in the Penal Code. It notes that related dispositions could be applied, such as ill-treatment of other persons (section 110), trafficking in persons (section 119), trafficking in children (section 120), humiliation (section 121), coerced or forced prostitution (section 254, paragraph 2). The Committee recalls that, in accordance with Article 25 of the Convention, the illegal exaction of forced or compulsory labour shall be punishable as a penal offence, and it shall be an obligation on any Member ratifying this Convention to ensure that the penalties imposed by law are really adequate and are strictly enforced.

The Committee requests the Government to provide information regarding the enforcement of criminal offences related to forced labour and the prosecution of forced labour cases and, more generally, on measures taken or contemplated to give full effect to this article. Noting also the Government’s indications in its report concerning the need for revision of the provisions regarding forced labour in both the Labour and Penal Codes, the Committee requests the Government to take these comments into consideration when drafting the new legislation. Please continue to provide information regarding the process of revision and amendment of the legislation.