English - CEDAW Southeast Asia

A Gendered and Rights-Based Review of Vietnamese Legal Documents through the Lens of CEDAW
to claiming reimbursement from the enterprise that deployed the guest workers. In cases of
abuse experienced by guest workers, the fund must cover appropriate counselling and
rehabilitation measures.
Such a fund must also clearly provide for programmes for returning guest workers, including
skills and livelihood trainings, and re-orientation and re-integration. It must ensure that men
and women equally benefit from such skills and livelihood trainings.
Recommendation: There should be a clear stipulation on the coverage of the
overseas employment fund in Article 66 of the Law on Guest Workers. In particular, the
fund should cover medical and health insurance for workers and their dependents,
maternity coverage, travel insurance, and other welfare assistance. It should also provide
for emergency repatriation – for example, in cases of war, epidemics, natural disasters,
etc. - without prejudice to claiming reimbursement from the enterprise that deployed the
guest workers, counselling and rehabilitation measures for abused guest workers, and
skills and livelihood trainings, and re-orientation and re-integration, for returning guest
workers. It must ensure that men and women equally benefit from such fund.
In relation to reporting, a report on the sending of workers abroad is required by Articles
26, 29, 32, 36 and 41 of the Law on Guest Workers. A report to foreign-based Vietnamese
diplomatic missions and consulates is also required under Articles 27, 30, 33, 38 and 41 of the
law. In these cases, all reports must have sex-disaggregated data.
Recommendation: Reports required under the Law on Guest Workers, including
reports on the sending of workers abroad as required by Articles 26, 29, 32, 36 and 41
and reports to foreign based Vietnamese diplomatic missions and consulates under
Articles 27, 30, 33, 38 and 41 must have sex-disaggregated data.
Stipulations also exist concerning the provision of necessary knowledge for guest
workers before they are sent abroad in Articles 9, 27, 28, 33, 38 and 41 of the Law on Guest
Workers. To elaborate further on these, Article 44 of the law provides that the guest worker
has the right to request the enterprise, non-business organization, offshore investing
organization or individual to supply information on: (a) Vietnamese policies and laws on guest
workers; (b) relevant policies and laws as well as customs and practice of the receiving
country; and (c) rights and obligations of related parties while working abroad. It is suggested
that the provision on Article 44(1) be mandatory; that is, the guest worker has the right to
receive information, rather than simply a right to request for them. Article 65 of the law
provides for the kinds of information that are considered to be ‘necessary knowledge’.
Information must be provided on gender relations in the receiving country, common
issues/challenges affecting gender, and available assistance in cases of violations of contract
or abuse (including from the foreign-based Vietnamese diplomatic missions and consulates).
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Recommendation: It is suggested Article 44(1) of the Law on Guest Workers be
made mandatory; that is, the guest worker has the right to receive information, rather
than simply a right to request for them. It should be clearly stipulated that information
on gender relations in the receiving country, common issues/ challenges affecting
gender, and available assistance in cases of violations of contract or abuse (including
from the foreign-based Vietnamese diplomatic missions and consulates) must be
considered necessary information in the light of Articles 9, 27, 28, 33, 38, 41, 44 and 65
of the Law on Guest Workers.
Employment (Article 11 of CEDAW)