E/C.12/VNM/CO/2-4
under Contracts, as well as the lack of access to tailored assistance, render Vietnamese
migrant workers vulnerable to abuse and exploitation (art. 7).
The Committee recommends that the State party:
(a)
Broaden the scope of the Law on Vietnamese People Working Abroad
under Contracts to include those who emigrate under individual contracts or
irregularly;
(b)
Regulate and monitor recruitment services, and ensure that criminal
acts perpetrated by those involved in the recruitment industry are duly prosecuted
and punished;
(c)
Improve the complaints mechanisms and legal assistance to take into
account the vulnerability, mobility and complexity of migration;
(d)
Adopt targeted policies that respond to the needs of vulnerable migrants,
such as irregular migrants and domestic workers.
Right to strike
20.
The Committee notes with concern the strict conditions for the lawful exercise of the
right to strike as well as the broad definition of “essential services”, which restrict civil
servants’ right to strike. Moreover, the Committee is concerned that participation in illegal
strikes can lead to payment of compensation to employers up to the equivalent of three
months’ salary (art. 8).
The Committee recommends that the State party remove excessive restrictions on the
right to strike, in law and in practice, and limit the scope of “essential services” to
services where interruption would endanger the life, personal safety or health of the
whole or part of the population. The Committee also urges the Committee to amend
the legislation that provides for the payment of damages by workers.
Trade union rights
21.
The Committee notes with concern that, under the revised Law on Trade Unions, the
establishment of trade unions and participation in trade union activities are still subject to
the statutes of the Viet Nam General Confederation of Labour (art.8).
The Committee calls upon the State party to bring its legislation on trade union rights
into line with international standards on the right to form and join the trade union of
one’s choice. The Committee invites the State party to ratify International Labour
Organization (ILO) Freedom of Association and Protection of the Right to Organise
Convention, 1948 (No. 87) and Right to Organise and Collective Bargaining
Convention, 1949 (No. 98).
Access to health insurance and health care
22.
The Committee is concerned that, in spite of the progress achieved in expanding
enrolment in health insurance, its low coverage among workers in the informal economy as
well as the co-payment requirement impedes access to health care among disadvantaged
and marginalized groups. The Committee notes also with concern the limited availability of
quality health-care services, particularly in remote areas. Additionally, the Committee is
concerned at the health protection divide in the society and at the adverse impact of
privatization on the affordability of health care.
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