Tiếng Việt

Vietnamese law

Viet Nam and the ILO fundamental conventions: the basis for labour requirements in projects

Viet Nam has ratified 9 of the 10 ILO fundamental conventions, all except Convention No. 87 on freedom of association. Financiers' labour standards are built on these conventions.

According to the International Labour Organization (ILO), Viet Nam has ratified 25 conventions, including 9 of the 10 fundamental conventions. The only fundamental convention not yet ratified is Convention No. 87 on Freedom of Association and Protection of the Right to Organise.

Fundamental conventions by principle

  • Freedom of association and collective bargaining: Convention No. 98 (ratified by Viet Nam in 2019); Convention No. 87 (not ratified).
  • Elimination of forced labour: Convention No. 29; Convention No. 105 (ratified by the National Assembly in June 2020).
  • Abolition of child labour: Convention No. 138 on minimum age; Convention No. 182 on the worst forms of child labour.
  • Elimination of discrimination: Convention No. 100 on equal remuneration; Convention No. 111 on discrimination in employment and occupation.
  • Occupational safety and health (added by the ILO to the fundamental principles in 2022): Conventions No. 155 and No. 187.

Link with national law

Labour Code No. 45/2019/QH14, effective 1 January 2021, gives effect to many of these commitments, including the right to establish workers' representative organisations at enterprises, non-discrimination, prohibition of forced labour and protection of minors. Labour commitments are also part of free trade agreements such as the EVFTA and CPTPP.

Why it matters for projects

The World Bank's ESS2, ADB's ESS2 and IFC Performance Standard 2 all build on the ILO fundamental conventions: no child labour, no forced labour, non-discrimination, respect for workers' organisations and occupational safety and health. When preparing labour management procedures or monitoring contractors, knowing which conventions Viet Nam has ratified helps distinguish obligations already grounded in national law from those to be covered by project commitments.

Sources

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