Decision 2234/QD-TTg 2021 Plan on implementation of ILO's Convention 105 Abolition of Forced Labor

DECISION

Approving the Plan on implementation of the International Labor Organization’s (ILO) Convention No. 105 concerning the Abolition of Forced Labor^[1]

THE PRIME MINISTER

Pursuant to the June 19, 2015 Law on Organization of the Government; and the November 22, 2019 Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration;

Pursuant to the April 9, 2016 Law on Treaties;

Pursuant to the National Assembly’s Resolution No. 104/2020/QH14 of June 8, 2020, on accession to the International Labor Organization’s Convention No. 105 concerning the Abolition of Forced Labor;

At the proposal of the Minister of Labor, Invalids and Social Affairs,

DECIDES

Article 1. To approve the Plan on implementation of the International Labor Organization’s (ILO) Convention No. 105 concerning the Abolition of Forced Labor.

Article 2. This Decision takes effect from the date of its signing.

Article 3. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees, and heads of related agencies and units shall implement this Decision.

For the Prime Minister
Deputy Prime Minister
VU DUC DAM

PLAN

On implementation of the ILO’s Convention No. 105 concerning
the Abolition of Forced Labor

(Promulgated together with the Prime Minister’s Decision No. 2234/QD-TTg
of December 30, 2021)

I. OBJECTIVES, REQUIREMENTS

1. Objectives:

To effectively implement contents of Convention No. 105 in line with the provision of Vietnam’s Constitution and law and in conformity with economic, political and social conditions of Vietnam in each period; to improve and enhance capacity of enforcement institutions and coordination and supervision mechanisms, and clearly define responsibilities of ministries, sectors and localities.

2. Requirements:

a/ To conform with the Party’s viewpoints and guidelines and the State’s policies and laws; to ensure political, economic and security requirements; to uphold the principle of national independence and sovereignty;

b/ The Plan on implementation of the Convention must specify contents of, and specific roadmap for implementing, works in conformity with functions, tasks and powers of ministries, sectors and localities;

c/ Ministries and sectors assigned to take charge of performing, or to jointly perform, the tasks stated in the Plan shall formulate specific programs and plans, and organize the implementation thereof on schedule and in an effective manner;

d/ To ensure close relationship and synchronous coordination among ministries and sectors, to promptly solve or report to competent authorities for settlement difficulties and problems arising in the course of implementation of the Plan;

dd/ The propaganda, dissemination and implementation of Convention No. 105 and related laws must be carried out regularly, continuously and promptly.

II. SPECIFIC WORKS, IMPLEMENTATION ROADMAP AND ASSIGNMENT OF RESPONSIBILITY FOR ORGANIZING THE IMPLEMENTATION OF CONVENTION No. 105

1. To propagandize and disseminate contents of Convention No. 105 and related provisions of Vietnam’s law to employees, employers, people and related agencies and organizations.

Implementation period: every year.

In-charge agency: The Ministry of Labor, Invalids and Social Affairs, in coordination with the Ministry of Information and Communications, Ministry of Public Security, Vietnam General Confederation of Labor, Vietnam Chamber of Commerce and Industry, Vietnam Cooperative Alliance and related ministries and sectors.

2. To review, amend and supplement documents or promulgate new ones so as to improve the legal system for serious and effective implementation of Convention No. 105.

Implementation period: every year.

In-charge agency: The Ministry of Labor, Invalids and Social Affairs, in coordination with the Ministry of Justice, Ministry of National Defense, Ministry of Public Security and related ministries and sectors.

3. To conduct training and further training and enhance capacity for employees, employers, enterprises, cooperatives, related agencies and organizations to prevent, control and abolish forced labor.

Implementation period: every year.

In-charge agency: The Ministry of Labor, Invalids and Social Affairs, in coordination with the Vietnam General Confederation of Labor, Vietnam Chamber of Commerce and Industry, Vietnam Cooperative Alliance and related ministries and sectors.

4. To formulate documents guiding specific contents of Convention No. 105 that must be implemented in conformity with Vietnam’s conditions by employees, employers, enterprises, cooperatives, related agencies and organizations.

Implementation period: from 2021 through 2023.

In-charge agency: The Ministry of Labor, Invalids and Social Affairs, in coordination with related ministries, sectors and organizations.

5. To develop a database to support the prevention, control and abolition of forced labor.

Implementation period: from 2021 through 2025.

In-charge agency: The Ministry of Labor, Invalids and Social Affairs, in coordination with the General Statistics Office - Ministry of Planning and Investment, Ministry of National Defense, Ministry of Public Security, Vietnam General Confederation of Labor, Vietnam Chamber of Commerce and Industry, Vietnam Cooperative Alliance, and related ministries, sectors and localities.

6. To formulate and implement a mechanism for inspection, supervision and handling of violations in the implementation of related laws under Convention No. 105.

Implementation period: from 2021 through 2025.

In-charge agency: The Ministry of Labor, Invalids and Social Affairs, in coordination with the Ministry of Public Security, Ministry of National Defense, Vietnam General Confederation of Labor, Vietnam Chamber of Commerce and Industry, Vietnam Cooperative Alliance, and relevant ministries, sectors and localities.

7. To report regularly or upon request to the ILO on the implementation of Convention No. 105.

Implementation period: once every 3 years or at the request of the ILO.

In-charge agencies: The Ministry of Labor, Invalids and Social Affairs, in coordination with related ministries, sectors and organizations.

8. To strengthen cooperation with other countries, particularly those with similar political, economic and social conditions, international organizations and non-governmental organizations so as to exchange information and provide technical assistance relating to the implementation of Convention No. 105.

Implementation period: every year.

In-charge agency: The Ministry of Labor, Invalids and Social Affairs, in coordination with related ministries, sectors and organizations.

9. To comprehensively assess the implementation of Convention No. 105 in the first 5 years after joining it, draw experience and supplement solutions to effectively implement it in Vietnam in subsequent stages.

Implementation period: 2025.

In-charge agency: The Ministry of Labor, Invalids and Social Affairs, in coordination with the Vietnam General Confederation of Labor, Vietnam Chamber of Commerce and Industry, Vietnam Cooperative Alliance, and related ministries and sectors.

III. MEASURES FOR ORGANIZATION OF IMPLEMENTATION

1. Within the ambit of their functions and tasks, ministries, sectors, provincial-level People’s Committees, and related agencies and organizations shall actively add the tasks of implementing Convention No. 105 into their working programs and plans.

2. To request the Vietnam General Confederation of Labor, Vietnam Chamber of Commerce and Industry, and Vietnam Cooperative Alliance to actively add the task of implementing Convention 105 into their working programs and plans.

3. Funds for implementation of the Plan shall be covered by the state budget as decentralized by the current Law on the State Budget. Fund allocation must comply with the law on the state budget. Agencies and units shall, based on their tasks assigned in this Plan, make and aggregate funds for implementation of the Plan into their annual state budget expenditure estimates, and their 3-year financial-state budget plan according to the law on the state budget.

4. To assign the Ministry of Labor, Invalids and Social Affairs to be the standing agency for implementation of Convention No. 105, with the task of advising and assisting the Government and Prime Minister in organizing, directing, urging and inspecting the implementation of the Plan nationwide.