English - CEDAW Southeast Asia

CEDAW and the Law:
servant with travelling expenses to return home at the end of his employment,
except in cases where the domestic servant voluntarily resigns prior to expiry of the
labour contract.
These provisions are very limited and do not regulate domestic work, which is one of
the employment categories that, because it is undertaken within the confines of private
homes, exposes the domestic worker to greater risk of abuse. Regulating the working
conditions of domestic workers is one way to ensure their protection, as they provide
appropriate standards on how to treat and means to redress in cases of breach.
Recommendation: It is recommended that further stipulations be provided for
domestic workers. In particular, conditions of work should be clearly legislated,
including: (a) days off; (b) rest hours; (c) provision of adequate food and
accommodation; (d) periodic and timely payment of wages; (e) prohibition of requiring
work in commercial, industrial or agricultural enterprises; and (f) causes for
termination and compensation for unjust termination. Also, provisions for social
insurance of domestic workers must also be explored.
240
Indicator 84
Is there legislation for the protection of Vietnamese overseas
migrant workers
The Law on Guest Workers is the main legislation on Vietnamese overseas migrant
workers or what it terms ‘Vietnamese guest workers’. Article 3(1) of the law defines ‘guest
workers’ or ‘guest workers under contract’ as “Vietnamese citizens residing in Viet Nam who
meet all the conditions prescribed by laws of Viet Nam and the host country, and work abroad
in accordance with this Law.”
Article 6 of the Law on Guest Workers regulates the following forms of overseas work:
contracts signed with enterprises providing guest worker services or with nonbusiness
organizations licensed to send workers abroad;
guest worker contracts signed with contract-winning or –receiving enterprises or with
offshore-investing organizations or individuals that send workers abroad;
guest worker contracts in the form of skill-improvement internship contracts, signed
with enterprises sending workers abroad for internship to improve their skills;
individual contracts.
Article 7 of the Law on Guest Workers contains a list of prohibited acts:
Article 7: Prohibited Acts
(1) Granting guest worker service provision licenses (below referred to as licenses) to
unqualified enterprises as prescribed by this Law.
(2) Using licenses of other enterprises or letting others use ones' own licenses to send
workers abroad.
(3) Assigning the task of administering activities of sending workers abroad to persons
who managed enterprises with revoked licenses or to persons who are serving a
caution or a severer discipline due to their violations of the guest worker law.
(4) Working in or sending workers to areas, sectors, occupations or jobs banned under
government regulations or not permitted by the host country.
Review of key legal documents and compliance with CEDAW