Advancing social justice, promoting decent work
ILO is a specialized agency of the United Nations
English
IR Project
Expert Workshop on Identification of Scope and Major Issues and Direction of the Revision of Labour Code 2012
The workshop is an important element to prepare for the planned series of workshops in July and August 2016 to focus on specific IR and non-IR areas of law reform to assist MOLISA in drafting the revised Labour Code, with a first draft proposed by end of August 2016 and to send to the National Assembly in early 2017 with a view to National Assembly adoption of the revised Labour Code and Trade Union Law October 2017.
The Trans-Pacific Partnership Agreement (TPP) was officially signed in New Zealand in February 4th, 2016. Besides issues of trade in goods and services, the Agreement also consists of other issues, including the creation of a fair business environment, labour and unions. In the field of labour, based on requirements of Chapter 19 of the Agreement and Plan between Vietnam and United State for enhancement of trade and labour relations, Vietnam needs to revise its labour law system in line with the labour standards of the International Labour Organization (ILO). Ministry of Labour - Invalids and Social Affairs (MoLISA), as a Government agency responsible for labour administration, has been tasked by the Prime Minister to lead, in cooperation with other relevant ministries, organisations and localities to evaluate the implementation of Labour Code 2012 and to develop proposals on different options for revision of some articles of the Labour Code . Broadly reasons for reform at this time, cover 3 areas:
TPP requirements as well as associated bilateral agreements and specifically the USA/Vietnam side agreement on labour issues;
2012 Labour Code Review; and
Alignment of LC with new laws since 2012 e.g. OSH and Social Insurance.
In order to accomplish these tasks, MoLISA has been undertaking a preliminary review of the Labour Code and its implementation decrees/circulars in comparison with requirements of TPP Agreement; setting up the Labour Code revision research team consisting of representatives from relevant ministries, organisations, universities, institutions, and different technical departments of MoLISA and preparing the proposal dossier on Labour Code revision to be put in the law making agenda of the National Assembly. Due to the short time frame for law reform, the range of views in regard the scope of law reform and limited opportunities to consult with social partners on this, ILO has been requested to support this scoping workshop, to allow key stakeholders to discuss and prepare for the law reform process ahead in the coming few months.
