Rejecting arguments demanding Vietnam's non-commitment to EVFTA Trade Agreements

Recently, some reactionary organizations such as Vietnam Worker Defenders, Viet Tan, Support Committee for Vietnam... have spread information about filing a lawsuit against the State of Vietnam against the single entry Point European mechanism for not fully implementing the commitments in the EVFTA Trade Agreement. At the same time, on November 19, 2024, the group attended a meeting with the competent authorities of the European Parliament to present the lawsuit.

These organizations have distorted Vietnam in not complying with the Conventions of the International Labor Organization (Convention 87) and called on the EU to request Vietnam to "amend the 2019 Labor Code to allow freelance workers to have the right to establish labor representative organizations as well as allow workers' representative organizations to have the right to link with each other. They showed a video of Dang Thi Hue, a subject hiding in Thailand because she thought Hue was a "lifetime witness" being hunted down by Vietnamese authorities for fighting to establish independent labor organizations, demanding the rights of workers... The arguments of the above groups are completely false and not objective, accurate about the situation of workers in Vietnam.

In fact, to realize the commitments, the National Assembly has issued many legal documents to intern down commitments on labor and trade unions in trade agreements such as CPTPTPT and EVFTA. In particular, Clause 3, Article 3 of the Labor Code (2019) clearly states that "The organization of employee representation at the unit is established on the basis of employee voluntariness, with the aim of protecting the legitimate and legal rights and interests of employees in labor relations through collective bargaining and other forms as prescribed by the law on labor. The organization representing workers at the grassroots level includes the grassroots trade union and the organization of workers at the enterprise. At the same time, in Chapter XIII, with 9 articles (from Article 170 to Article 178), the Labor Code (2019) has specific regulations on organizing representatives of workers at the grassroots level (1)

According to Associate Professor, Dr. Bui Dinh Bon - a worker and trade union research expert - A very important agreement in the CPTPP commitment is that, although it is necessary to ensure the exercise of workers' freedom of association according to labor standards of the International Labor Organization (ILO), the establishment and operation of that organization must comply with the Constitution and laws of the host country, a member of the CPTPP. That means that the organization of workers in Vietnam must be established within the legal framework, under the management of the State of Vietnam through legal tools, especially the law on labor and trade unions, and at the same time perform the role of representing workers, actively and responsibly contributing to the workers and trade union movement of the country (2)

In fact, the independent Labor Union organizations that the subjects mainly target are anti- salary reduction organizations under the guise of independent Trade Union taking advantage of difficulties and problems in labor and employment such as workers having to work overtime, employers owing social insurance, salary reduction, payroll reduction or conflicts with employers... to lure workers and laborers to participate in illegal activities.

In addition, "Independent trade unions" are actually operated spontaneously by individuals and organizations opposing the government, through Facebook, emerging as the "Independent Trade Union" group of Dang Thi Hue that did not register as legal entities, did not carry out procedures to request permission to establish and was not necessarily representing workers.

It is also worth mentioning that the "independent" organizations that the above subjects have the status of protecting the rights and interests of workers and laborers do not intend to cooperate with the Vietnam General Confederation of Labor and enterprises to learn about, support the lives of workers and laborers, provide financial support, career development skills or provide them with legal support. Instead, these associations and groups operate through the establishment of a fanpage on social networks (mainly Facebook), claiming to be an independent organization, not related to State organizations, operating to "protect the rights of workers". After that, he regularly published articles about the situation of workers, reported on collective work stoppages of workers in industrial parks, even returned to work, interviewed workers facing many difficulties, learned, exploited internal problems, conflicts between workers and employers, and incited them to file lawsuits, quit their jobs, and even participate in illegal strikes and protests...

The purpose of those organizations is to both propagate their image and contact reactionary and extreme opposition organizations outside such as Vietnam Worker Defenders, Support Committee for Vietnam, Vietnamese Workers or even the terrorist organization Vietnam Tan, provide information, images, and documents collected from the country to these organizations to receive sponsorship money, and then continue operating. Next, the above information and images are edited, edited, and then filed with outside organizations, international human rights organizations, or even the European Parliament, defaming and distorting the Vietnamese State that does not protect the rights of workers, and does not allow domestic "independent organizations" to operate.

Obviously, the establishment of only one fanpage, or "declaration" of the establishment of an organization, not complying with any specific regulations of the law, operating mainly on social networks, inciting workers and laborers to stop working collectively to contact export reactionary organizations for profit cannot be considered a legitimate organization operating, protecting the rights of workers as they can preach. Ironically, an organization claiming to protect workers was established illegally. Is it qualified enough to protect the rights of workers?

The fact that consulting organizations of the European Union such as EU-DAG receive and review distorted information and have an unfavorable view and misconceptions about the human rights situation in Vietnam shows a lack of goodwill and disrespect for cooperation with Vietnam because the European Union and Vietnam have had a Human Rights Dialogue mechanism, regularly organize working sessions, discuss issues of mutual concern, find solutions to remove obstacles, especially in the work of assessing the situation of protecting and promoting human rights.

The Vietnam - EU Free Trade Agreement (EVFTA) is a trade and investment cooperation to promote the economy and open up a development environment between the two sides. However, the fact that reactionary organizations in exiled countries take advantage of commitments in implementing this economic agreement, especially the issue of workers' rights to promote the EU's pressure, even sanctioning Vietnam shows the plan to sabotage and be extreme towards Vietnam. reality has proven that in recent years, Vietnam has always maintained a consistent policy and guidelines of taking people as the center of development, always aiming to promote human rights associated with sustainable economic growth. At the same time, Vietnam has always strived to adjust and amend laws as well as participate in and implement conventions of the International Labor Organization ILO in accordance with the situation, conditions and circumstances of Vietnam. On December 11, the Ho Chi Minh National Academy of Politics held a National Conference on Human Rights Education with the participation of Prime Minister Pham Minh Chinh, leaders of ministries, branches and representatives of international organizations, showing that Vietnam is making strong progress in the field of human rights. Instead of receiving slanderous and distorted information from organizations fighting against extreme Vietnam, the European Union (EU) should discuss with Vietnam unclear issues to find solutions, to cooperate and develop together.

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Reference documents

(1) 2019 Labor Code

(2) Article Discussing the organization of workers in enterprises and the challenges facing the current Vietnam Trade Union published in the Electronic Communist Magazine on November 2, 2021 (https://www.tapchicongsan.org.vn/web/guest/nghien-cu///8//824270/ban-ve-to-chuc-cua-cong-nhan-tai-doanh-nghiep-va-nhung-nhung-dat-thuc-dat-ra-doi-oi-to-chuc-cong-doan-viet-nam-hien-nay.