Original Vietnamese content is translated by LaoDongAI

Ensuring the rights of workers is a top priority

HÀ PHƯƠNG 28/02/2025 22:58 (GMT+7)

Taking advantage of the fact that the US Department of Commerce held a hearing on upgrading market economic regulations for Vietnam, the Human Rights Monitoring Organization (HRW) continued to make false statements, expressing a negative view, away from reality on ensuring the rights of workers and denying the role of the Vietnam Trade Union.

HRW and tricks, baseless accusations about human rights

Human Rights Watch ( human rights monitoring organization ( human rights monitoring organization) is a non-governmental organization specializing in human rights activities, headquartered in the United States and representative offices in a number of countries. The HRW's predecessor is the Helsinki Watch organization, established in 1978 with the aim of "monitoring" the former Soviet Union (formerly) by collecting documents related to the implementation of the Organization for Security and Cooperation in Europe (OSCE) treaties and "supporting" human rights groups in this country. In 1988, Helsinki Watch merged with a number of other international organizations to change its name to Human Rights Watch (HRW)1

Looking at the history of the HRW organization since its establishment until now, it can be seen that, although it has been renamed and given the status of a human rights organization, the HRW's activities still follow the old purpose and political intention of providing false information about the democratic situation, human rights as well as internal intervention in countries around the world, including Vietnam. Although it is an organization named after human rights, the activities of the above organization are actually an excuse for this organization to distort and sabotage2.

In May 2024, the US Department of Commerce held a hearing on the case of reviewing Vietnam's market economy. The hearing was held on the basis of the requests of the parties involved and this is also a requirement in the investigation and review process of the US Department of Commerce. At the hearing, the Vietnamese side clearly stated the arguments, information, and data confirming that the Vietnamese economy fully meets 6 criteria of market economy regulations according to US law. At the same time, he emphasized that Vietnam's economy is even more developed than many economies that have been recognized by the US as having a market economy status over the past decade. To date, 72 countries have recognized Vietnam as a market economy, Vietnam has also participated in 16 bilateral and multilateral Free Trade Agreements (FTAs) with more than 60 trade partners in the world(3).

However, with a dissatisfactive attitude, Mr. John Sifton, Director of the HRW's Asia Campaign Committee, gave the reason "In Vietnam, independent unions are not allowed to represent workers" and then grouped workers who do not ensure their rights to put pressure on the US Department of Commerce in the issue of assessing the current status of trade and workers' rights in Vietnam. The HRW's arguments deliberately deny the market economy in Vietnam, providing information that does not accurately reflect the truth about workers' rights and denying the role of the Vietnam Trade Union organization as biased, extreme, and unacceptable.

Labor and employment are basic rights of citizens

Practice shows that labor and employment are one of the basic rights of citizens that our Party and State pay special attention to and are concretized by legal documents as well as ensure implementation in life. Article 35 of the 2013 Constitution affirms: Citizens have the right to work, choose their profession, job and workplace. Salary workers are guaranteed fair and safe working conditions; are entitled to salary and rest. Discrimination, forced labor, and the use of workers under the minimum working age are strictly prohibited.

Based on the 2013 Constitution, the National Assembly issued many legal documents to specify the provisions of the Constitution on labor and employment rights such as: Law on Employment 2013, Law on Vocational Education 2014, Law on Social Insurance 2014, amended and supplemented in 2024; Law on Labor Safety and Hygiene 2014, ... Especially the 2019 Labor Code in Clause 1, Article 4 of the State's Labor Policy affirms: "Ensuring the legitimate and legal rights and interests of employees and employees without labor relations; encouraging agreements to ensure workers have more favorable conditions than those prescribed by the law on labor". At the same time, the Law also determines the rights and obligations of employees, which are: receiving salaries suitable to their qualifications and professional skills on the basis of agreement with the employer; receiving labor protection, working in conditions that ensure occupational safety and hygiene; retiring according to the regime, receiving annual leave with salary and enjoying collective benefits. Along with that, employees are established, joined, and operate in labor representative organizations, professional organizations and other organizations according to the provisions of law; required and participated in dialogues, implemented democratic regulations, collective bargaining with employers and were consulted at the workplace to protect their legitimate and legal rights and interests; participated in management according to the regulations of employers.

Cong nhan H'CHUYEN NIE, Nong truong cao su Cuor Dang, Cong ty co phan cao su Dak Lak, tinh Dak Lak neu y kien tai Dien dan Nguoi lao dong nam 2023
Worker H'CHUYEN Nhile, Cuor Dang Rubber Farm, Dak Lak Rubber Joint Stock Company, Dak Lak Province expressed their opinions at the 2023 Workers' Forum

In addition, the National Assembly also issued a system of legal documents to create a complete, unified, synchronous and transparent legal basis for the organization and operation of economic organizations and units, thereby creating jobs for workers; legal documents regulating measures to resolve labor disputes, administrative and criminal sanctions for violations of labor rights and employment of citizens. These legal documents have created an important legal basis for ensuring the labor and employment rights of citizens in practice.

Ky hop thu 7, Quoc hoi khoa XV thao luan tai hoi truong ve du an Luat Cong doan sua doi
The 7th session of the 15th National Assembly discussed in the hall the draft revised Trade Union Law

In addition, the State also proposed a series of socio-economic programs such as: National program on job creation with activities: implementing national funds to create jobs; establishing banks for the poor; granting land use rights to encourage afforestation, support programs for offshore fishing... At the same time, to encourage and facilitate domestic and foreign organizations and individuals to invest in developing production and business to create jobs for workers, the State also issued a system of open policies and guidelines to attract investment from many foreign businesses and economic organizations to create more and more jobs for workers, creating conditions for people of working age to exercise their labor rights.

Regarding social security issues, our Party has determined to: ensure social security and welfare, implement progress and social justice; develop a comprehensive social security system, move towards national coverage with policies to prevent, minimize and overcome risks for people, and ensure support for vulnerable groups. By 2023, 100% of social protection beneficiaries are eligible for monthly social allowances; 100% of people affected by natural disasters, floods, and hunger receive timely emergency assistance, no people are hungry, over 90% of people with disabilities in difficult circumstances receive social assistance, timely care and rehabilitation; over 90% of elderly people in difficult circumstances receive social assistance, timely nutrition, and care. Strive to expand the coverage of social insurance participation by about 45% of employees by 2025, by 2030 it will reach 60%; coverage of all-people health insurance; by 2030, Vietnam will become a pioneer country in social security and adequate employment.

After nearly 40 years of renovation, in the context of an economy deeply integrating with the world, Vietnam is increasingly clearly aware of the inevitability of allowing the establishment of an employee organization at an enterprise to meet the requirements of international integration, specifically participating in new-generation free trade agreements and accompanying them is a commitment to comply with common standards, including the issue of workers' rights. To date, Vietnam has participated in 25 conventions of the International Labor Organization (ILO), including 7 out of 8 basic conventions, including conventions related to the fields of: collective bargaining; prevention and combat of discrimination; child labor and forced labor...

Vietnam's proactive and positive efforts for workers have strengthened the country's prestige in the international arena, facilitated international integration and participated in new-generation free trade agreements, contributed to promoting economic development and moving towards a fair society, where the benefits of integration and development are shared fairly among workers. Whether HRW or any organization lacking in goodwill acts to defame Vietnam under the tricks of democracy, human rights, labor, employment... then the above vivid achievements are the clearest proof, rejecting all defamation and distorted arguments.

Vietnam Trade Union affirms its solid position

After 95 years of construction and development, the Vietnam Trade Union has continuously grown, matured, accompanied the nation, and been a reliable and loyal support of the Party, wholeheartedly striving for the rights of the working class and laborers; making an important and direct contribution to the great victory of the Vietnamese revolution.

The activities implemented by the Trade Union are all aimed at the grassroots, with workers as the center and developing activity programs. The thematic meeting with voters between National Assembly deputies and workers and the 2023 Workers' Forum was held in that spirit. The 2023 Workers' Forum with the theme "Improving policies and laws related to workers and trade union organizations" is an opportunity for representatives of voters who are union members to express their thoughts, aspirations, proposals and recommendations to the National Assembly and National Assembly leaders on policies and laws related to workers and trade union activities.

Notably in this group of results, the Vietnam Trade Union has proposed to increase the 1-day holiday on the occasion of September 2 in the 2019 Labor Code; build trade union institutions in industrial parks; Project "Investing in the construction of at least 01 million social housing apartments for low-income people and industrial park workers in the period of 2021-2030"; especially Resolutions 68/NQ-CP dated July 1, 2021, Resolution No. 116/NQ-CP dated September 24, 2021, Resolution No. 126/NQ-CP dated October 28, 2021 and Decisions of the Prime Minister on implementing a number of policies to support employees and employers facing difficulties due to the COVID-19 pandemic, policies to support workers' housing rental.

Chu tich Tong lien doan Lao dong Viet Nam Nguyen Dinh Khang tang qua cho cong nhan
President of the Vietnam General Confederation of Labor Nguyen Dinh Khang presents gifts to workers

In particular, the time of the COVID-19 outbreak across the country affected many workers. In that difficult context, trade unions at all levels have actively participated in disease prevention and accompanying workers. Typical examples include the implementation of support packages for workers affected by the epidemic; giving union savings books to children of union members orphaned by COVID-19 with a total support amount of nearly VND6,000 billion. At the same time, many emulation movements during the COVID-19 pandemic have been effectively implemented, such as "Workers, civil servants, and laborers strive to overcome difficulties, be creative, and determined to defeat the COVID-19 pandemic", concretized by the Program "75 thousand initiatives overcoming difficulties, developing" and the Program "1 million initiatives striving to overcome difficulties, being creative, determined to defeat the COVID-19 pandemic" have soon achieved the target with many initiatives of great value and social significance...

The role of trade unions in participating in building harmonious, stable and progressive labor relations in enterprises continues to be affirmed. models of caring for union members and workers are becoming more and more practical and effective, spreading strongly. Workers' Month and Tet Sum vay have become annual activities, highly anticipated by union members and workers. In which, the annual Workers' Month is widely implemented, innovating in form and content; focusing on promoting the role, strength, and glorious tradition of the working class, and the immortal spirit of International Labor Day 1.5. With the "Tet Sum Vay" program, more than 30 million union members and workers in difficult circumstances have been visited, wished a happy New Year, encouraged, and given gifts with over 28 trillion VND. The spiritual life of union members and workers has become rich with programs coordinated by the Union such as: "The 9+ Hour" on VTV3; National Workers' Football Championship 2023; Literary writing contest on the theme of workers, unions... creating a healthy playground, contributing to improving reading culture, life, spirit and health of workers...

The above outstanding results show the concern and care of trade unions at all levels nationwide for workers. The 13th Congress of the Vietnam General Confederation of Labor in December 2023 set a target that by the end of the term, the whole country will have 15 million union members, establish grassroots organizations in 100% of enterprises with 25 or more employees; at least 83% of enterprises and units with qualified trade unions according to the provisions of law will be negotiated and signed collective labor agreements according to the provisions of law; strive for 90% or more of labor cases filed in court to be supported by the union, participating in litigation and protection when the union member requests. One of the breakthroughs in the coming term chosen by the Congress is to promote dialogue and collective bargaining, focusing on wages, bonuses, working hours, rest hours, and occupational safety and hygiene. At the same time, In order for union members and workers to benefit more from welfare policies from the state, society, businesses and trade unions, the Executive Committee of the Vietnam General Confederation of Labor recently issued a Resolution on "Focusing resources to care for the welfare of union members and workers in the new situation". In which, the main targets by 2030 are identified as: 100% of union members are fully informed about the policies and programs for welfare care of the Trade Union organization; 100% of union members are encouraged, motivated, and given gifts when encountering difficult circumstances, enjoy policies and programs for welfare care of the Trade Union organization or the Trade Union coordinated to organize; 100% of provincial, municipal, central industry trade unions and equivalent, General Corporation trade unions under the Vietnam General Confederation of Labor and over 50% of trade unions at the grassroots level organize "Tet Sum Vay", "Worker's Month", "Union Market" in appropriate forms.

With the correct guidelines and policies of the Party and State, along with the important and direct responsibility and role of the Vietnam Trade Union, going through each historical period, each development stage of the country, protecting the rights of Vietnamese workers is always a top priority. This is an important basis for facilitating international integration and participating in new-generation free trade agreements, as well as contributing to promoting the development of our country's market economy. This vivid reality is the most important basis for contributing to the refutation of accusations distorting the problem of workers in Vietnam./.

Reference documents

(1) https://www.qdnd.vn/phong-chong-dien-bien-hoa-binh/to-chuc-theo-doi-nhan-quyen-hrw-lai-xuyen-tac-tinh-hinh-nhan-quyen-viet-nam-511392

(2) https://cand.com.vn/nhan-quyen/hrw-lai-tung-hoa-mu-ve-quyen-cua-nguoi-lao-dong-tai-viet-nam-i731571/

(3) https://kinhtetrunguong.vn/kinh-te/hoa-ky-cong-nhan-viet-nam-la-nen-kinh-te-thi-truong-viet-nam-dap-ung-cac-tieu-chi-kinh-te-thi-truong-cua-my.html.

(4) Report of the Executive Committee of the 12th Vietnam General Confederation of Labor to the 13th Congress of the Vietnam General Confederation of Labor.

(5) Resolution 07/NQ-BCH, dated August 29, 2024 of the Executive Committee on "Focusing resources on caring for the welfare of union members and workers in the new situation".

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