English - CEDAW Southeast Asia

A Gendered and Rights-Based Review of Vietnamese Legal Documents through the Lens of CEDAW
V.8.3 RELEVANT LEGAL PROVISIONS
A vast majority of the working-age population in Viet Nam works. Labour market participation
rates are among the highest in the world. 456 In 2002, 85 percent of men and 83 percent of
women between the ages of 15 and 60 years were active economically. 457
Article 55 of the Constitution emphasizes that “the citizen has both the right and the duty
to work. The State and society shall work out plans to create ever more employment for the
working people.” As a consequence, “[t]he State shall enact policies and establish regimes for
the protection of labour.” 458 In relation to this, the “State shall establish working times, wage
scales, regimes of rest and social insurance for State employees and wage earners; it shall
encourage and promote other forms of social insurance for the benefit of the working
people”. 459
Indicator 71
Does legislation guarantee equality and non-discrimination in
employment on the grounds of sex, marital status and
pregnancy Does this apply to both public and private sectors
Both the Labour Code and Civil Code provide for the right to work. Article 5 of the
Labour Code states that every person has the right to work, to choose freely the type of work
or trade, to learn a trade, and to improve professional skills without being discriminated
against on the basis of gender, race, social class, beliefs, or religion. Article 49 of the Civil
Code states that individuals have the right to work, the freedom to choose a job or occupation
without being discriminated against on the ground of ethnicity, sex, social status, belief or
religion.
The Labour Code contains further guarantees of equality and non-discrimination
relating to work. First, Article 2 states that it applies to “all workers, and organizations or
individuals utilizing labour on the basis of a labour contract in any sector of the economy and
in any form of ownership.” This article also applies to trade apprentices, domestic servants,
and other forms of labour stipulated in the Labour Code.
Second, Article 109 specifically provides that the right to work of women is equal in all
aspects to that of men. It states that the State “shall establish policies to encourage employers
to create conditions for women to work on a regular basis and apply widely the regime of
flexible working time, part-time and casual employment and working from home.” Article 109
further stipulates: “The State shall progressively establish policies and implement measures to
expand employment opportunities, improve working conditions, increase professional level,
improve health, and strengthen the material and spiritual welfare of female workers for the
purposes of assisting female workers to achieve their professional potential effectively and to
combine harmoniously work and family life.”
215
456
Wells, op. cit., p. 15
457
Ibid.
458
Constitution, Article 56
459
Ibid., Article 56
Employment (Article 11 of CEDAW)