The Abolition of Forced Labor in Vietnam
Is it Compatible with ILO's Standards?
DOI:
https://doi.org/10.19184/jseahr.v9i1.43855Abstract
This article analyzes the legal problems in the identification of forced labor and the provisions for the abolition of forced labor in Vietnamese law compared with the core international standards. This article points out the inconsistencies and lack of specificity in Vietnamese law compared to International Labour Organization (ILO) Conventions, specifically regarding the definition of forced labor and the identification of the perpetrators of such acts. Furthermore, the paper analyzes the manifestations of forced labor in Vietnam, as well as challenges in the law enforcement process due to the lack of harmonization between national law and core international labor standards ratified by Vietnam. To implement this research, the author has compared the content of Vietnamese law with ILO regulations on eliminating forced labor (Convention No. 29 and Convention No. 105) in aspects such as the concept and identification of forced labor; regulations on subjects affected by forced labor, the people performing forced labor, and how to address forced labor; and the forms of forced labor which take place in Vietnam. On that basis, the article identifies the legal contents that need to be improved to eliminate forced labor in Vietnam. These include the necessity of specifying the manifestations of forced labor acts; ensuring consistency in identifying the perpetrators of forced labor; and amending and supplementing the elements constituting the crime of forced labor in the Criminal Code, with an emphasis on incorporating consequential elements regarding both physical and mental health.
Keywords: abolition; forced labor; Labor Code; ILO labor standards; Vietnam
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