English - CEDAW Southeast Asia

A Gendered and Rights-Based Review of Vietnamese Legal Documents through the Lens of CEDAW
(5) Abusing activities of sending workers abroad in order to organize the sending of
Vietnamese citizens abroad.
(6) Abusing activities of sending workers abroad in order to organize the recruitment and
training of workers for the collection of charges.
(7) Sending workers abroad without registering contracts with competent state agencies
in accordance with this Law.
(8) Failing to go to workplaces or fleeing from workplaces stated in contracts after
entering the receiving country.
(9) Illegally staying abroad after the expiration of labour contracts.
(10) Enticing, seducing or tricking Vietnamese guest workers to stay in foreign countries
in contravention of law.
(11) Troubling, obstructing, harassing workers or enterprises, non-business
organizations, off shore investing organizations or individuals in the sending of
workers abroad.
As migration is a complex process, it should be borne in mind that there are many ways
to expose guest workers to exploitation. This is necessary to enable protection of rights of both
men and women from abuse. The law should consider clearly prohibiting other acts that abuse
or may lead to abuse or vulnerability of guest workers, such as:
contract substitution or alteration. In many cases, even if there is a contract, the
contract is substituted or altered to the prejudice of the guest worker after it has been
registered. This should be strictly prohibited because there have been many cases
where new or altered contracts are forced on guest workers once they have reached
the place of employment, with new or altered contracts containing lowered standards
or unfair provisions;
keeping the travel documents of the guest worker. It must be prohibited for the
representatives of the enterprise or the employer to keep or withhold the travel
documents of the guest worker. There are cases where guest workers are forced to
remain illegally in the host country and are subject to intimidation and control of
employers because their travel documents are kept from them;
furnishing or publishing any false information or document in relation to recruitment
or employment;
failure to immediately reimburse the applicant-guest worker where deployment does
not take place;
recruiting or sending guest workers abroad without a licence;
forcing or intimidating guest workers to stay abroad (in addition to identifying only
enticement, seduction and trickery as per Article 7(10) of the Law on Guest
Workers);
sending minors abroad for employment.
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Employment (Article 11 of CEDAW)