Freedom of Association
Database 2024

Freedom of Association
Indicator
Freedom of Association
Countries
LRI 2024
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Viet Nam

Freedom of Association Indicator

The Labour Rights Index 2024 (LRI 2024) is a de-jure index covering 145 economies and structured around the working lifespan of a worker. In total, 46 questions or evaluation criteria are scored across 10 indicators. The overall score is calculated by taking the average of each indicator, with 100 being the highest possible score. The Index uses a rating system, ranging from “Total Lack of Decent Work” to “Decent Work”. The Labour Rights Index aims at an active contribution to the Sustainable Development Goals, by providing necessary (complementary) insights into de jure provisions on issues covered in particular by SDG8 (Decent Jobs), SDG 5 (Gender Equality), SDG 10 (Reduced Inequalities) and SDG 16 (Strong Institutions). The Index is based on national labour legislation, applicable on 1 January 2024.

Viet Nam’s overall score is 77.5 out of 100. The overall score for Viet Nam is greater than the regional average observed across South East Asia (65). Within the South East Asian region, the highest score is observed for Viet Nam (77.5).

Viet Nam ratified Convention No. 98 on the Right to Organise and Collective Bargaining (1949) in 2019.

Labour Rights Index 2024

77.5/100

LRI Country Score

25/100

Freedom of Association Indicator

49.61 %

Trade union density rate (%)

24.5 %

Collective bargaining coverage rate (%)

9.14

SDG indicator 8.8.2

4

ITUC Global Rights Index 2024 Ratings

Question

Answer

Score

Legal Basis

More Info

Does the law allow workers to form and join unions of their own choice?

No

0

§10 & 25 of Constitution 2013; §5 & 6 of the Law on Trade Unions 2012; ITUC Global Rights Index 2024, Viet Nam Profile

A,C

Does the law allow workers to bargain collectively with employers through their representative unions?

No

0

§2, 63-89, 92 & 220(3) of Labour Code, 2019; §5 of the Law on Trade Unions 2012; CEACR, C98, DR 2023

A,B

Does the law provide for the right to strike?

No

0

§201 & 202 of Labour Code, 2019

A

Does the law prohibit imposing of excessive sanctions against striking workers?

Yes

1

§208(4) of Labour Code, 2019

Textual sources

A : National Law

National Labour Legislation

B : CEACR

CEACR: ILO Committee of Experts on Application of Conventions and Recommendations (latest report)

C : ITUC

ITUC: ITUC Global Rights Index

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices

LRI Country Score
The Labour Rights Index has 10 indicators and 46 sub-indicators. The LRI Country score averages 10 indicators and ranges between 0 and 100. The lowest and highest scorers are Nigeria (29/100) and Belgium/Greece (96/100). https://labourrightsindex.org/  

Freedom of Association Indicator
The Freedom of Association indicator is composed of 4 sub-indicators. Scoring is done through the binary method (0 or 1). The score ranges between 0-100. 

Trade union density rate (%)
The trade union density rate conveys the number of union members who are employees as a percentage of the total number of employees in the country. For updated statistics on trade union density, please check ILOSTAT. 

Collective bargaining coverage rate (%)
The collective bargaining coverage rate conveys the number of employees whose pay and/or conditions of employment are determined by one or more collective agreement(s) as a percentage of the total number of employees in the country. For updated statistics on collective bargaining coverage, please check ILOSTAT. 

SDG indicator 8.8.2
SDG indicator 8.8.2 measures national compliance with fundamental labour rights (freedom of association and collective bargaining or FACB). It ranges from 0 to 10, with 0 being the best possible score (indicating higher levels of compliance with FACB rights) and 10 the worst (indicating lower levels of compliance with FACB rights). It is based on six ILO supervisory body textual sources and national legislation.
For an updated assessment on SDG indicator 8.8.2, please check ILOSTAT. 

ITUC Global Rights Index 2024 Ratings
The ITUC Global Rights Index depicts the world’s worst countries for workers by rating 148 countries on a scale from 1 to 5+ on the degree of respect for workers’ rights. Violations are recorded each year from April to March.  For a detailed description of ratings and methodology, please follow the link. 

Information

Source: §10 & 25 of Constitution 2013; §5 & 6 of the Law on Trade Unions 2012; ITUC Global Rights Index 2024, Viet Nam Profile

A : National Law

National Labour Legislation

"Article 5. Rights of establishing, participating in and operating Trade Union 1. Laborers are Vietnamese persons working in agencies, organizations, enterprises shall have rights to establish, participate in and operate Trade Union."

C : ITUC

ITUC Global Rights Index (country legal profile)

"The new Trade Union Law provides for a centralised system, called “democratic centralism” (Article 6.1), under which the trade union movement is under the leadership of the Communist Party of Vietnam (Articles 1 and 6.2) and trade union activities are regulated by the “Statute of Vietnamese Trade Unions”, a document approved by the National Congress of Vietnamese Trade Unions, which provides a set of guidelines, objectives, principles of organisation and operation, and organisational structure of trade unions at all levels, as well as regulating the rights and responsibilities of their members (Articles 4.8, 5.2 and 6.2). The Vietnam General Confederation of Labor is at the top of this structure (Article 7)."

Information

Source: §2, 63-89, 92 & 220(3) of Labour Code, 2019; §5 of the Law on Trade Unions 2012; CEACR, C98, DR 2023

A : National Law

National Labour Legislation

"Labour Code: Article 76. Consulting and signing collective labor agreements 1. For enterprise collective labor agreements, before signing, the draft collective labor agreement negotiated by the parties must be consulted with all employees in the enterprise. An enterprise collective labor agreement can only be signed when more than 50% of the enterprise's employees vote in favor. Article 5. Rights of establishing, participating in and operating Trade Union 1. Laborers are Vietnamese persons working in agencies, organizations, enterprises shall have rights to establish, participate in and operate Trade Union."

B : CEACR

CEACR: ILO Committee of Experts on Application of Conventions and Recommendations

"Scope of application of the Convention. Specific categories of workers. In its previous comment, the Committee noted that foreign workers were excluded from the application of the Trade Union Law, 2012 (section 5(1)) and that the regime for certain workers (cadres, civil servants, public employees, personnel belonging to the armed forces and the police, social organizations, members of cooperatives and persons working without an employment relationship) would be regulated by other legal documents than the Labour Code, 2019 (section 220(3)). The Committee requested the Government to provide clarification on the legislation applicable to those categories of workers covered by the Convention. The Committee notes that the Government indicates that: (i) the Trade Union Law is applicable to the above categories of workers, including public employees and civil servants not engaged in the administration of the State, workers in managerial positions and workers without labour contracts but is not applicable to foreign workers whose rights are guaranteed in accordance with the provisions of the Labour Code; The Committee trusts that the Government will take the necessary measures, with the technical assistance of the Office, to ensure that national legislation and its application in practice are fully in line with the Convention so as to ensure that all workers within the scope of the Convention can benefit from the rights set out in this instrument. The Committee requests the Government to provide further information on the exact provisions of the laws governing public employees and public servants not engaged in the administration, which give effect to the provisions of the Convention, and to provide copies thereof."

Information

Source: §201 & 202 of Labour Code, 2019

A : National Law

National Labour Legislation

"Article 202. Strike decision and notice of starting time of a strike When over 50% of the surveyed people agree to carry out a strike as prescribed in Clause 2 Article 201 of this Labor Code, the representative organization of employees shall issue a written strike decision."

Information

Source: §208(4) of Labour Code, 2019