During the course of leadership, the Communist Party and State of Vietnam have always paid attention to human rights, including the rights of women in general and of female workers, in particular. However, some people still deny this fact. They are just the minority.

In Vietnam, human rights and citizen rights are stipulated and protected by laws and the Constitution, including the rights of women and female’s workers. However, some people claim that in Vietnam, gender equality doesn’t exist and the rights of female workers are not secured, and that women are still underpaid compared to men in the same kinds of job; chances for women to approach high-income jobs are lower than men; and female workers are not valued as high as men, etc. These opinions are not valid as they don’t see the gender equality and the rights of female workers in Vietnam. In fact, besides being secured with human rights, citizen’s rights, at work, Vietnamese females also enjoy some other privileges which are stipulated by law and exercised in reality.

Deputy Prime Minister Vu Duc Dam and the prize winners of the 2020 Women Entrepreneur Contest (An illustrative photo)

Vietnam laws acknowledge and protect female workers just as to protect human rights in working places. This is to protect the labour, legitimate rights and interests of female workers in many aspects, such as: job, occupation, income, life, honour, dignity, etc., which are manifested in the following contents:

First, female workers are treated equally in terms of job opportunity and income. This is prescribed in the 2013 Constitution and in the 2019 Labour Code. Provision 2, Article 16 of the 2013 Constitution stipulates that: “No one is subject to discriminatory treatment in political, civil, economic, cultural or social life”; Provision 1, Article 26 of this Constitution stipulates that “Male and female citizens have equal rights in all fields. The State shall adopt policies to guarantee the right to and opportunities for gender equality”. The Labour Code has particular provisions on ensuring job for women: Article 5 states that: “Workers shall have the following rights: a) to work, to freely choose the work and occupation, to participate in vocational training and to improve their occupational skills without discrimination…”. According to this law, workers in general and female workers in particular have the right to choose their own jobs, depending on their health and expertise. The State has policies to ensure the jobs for female workers: Article 135 stipulates that: “Equality between male and female employees shall be ensured; necessary measures for ensuring gender equality and prevention of sexual harassment in the workplace shall be implemented”. The Article 13 of the 2006 Vietnam’s Law on Gender Equality stipulates that “Man and woman are equal in terms of qualifications and age in recruitment, are treated equally in workplaces regarding work, wages, pay and bonus, social insurance, labour conditions and other working conditions”. Therefore, Vietnam’s laws have clearly stated that man and women are equally treated, and not discriminated when it comes to employment. Reality also proves this fact.

The Article 95 of the Labour Code provides for wage equality and nondiscrimination for female workers: “The employer shall pay the employee on the basis of the agreed salary, productivity and work quality”. So employers pay wage equally between male and female workers basing on the agreed salary, productivity and work quality. The State “encourages employers to enable both male and female employees to work regularly… and have necessary measures to create employment opportunities, improve working conditions, develop occupational skills, provide healthcare, and strengthen the material and spiritual welfare of female employees in order to assist them in developing effectively their vocational capacities and harmoniously combine their working lives with their family lives”. (Article 135). Female workers are equal in terms of promotion. Article 13 of the 2006 Law on Gender Equality stipulates that: “Man and woman are equal in terms of qualifications and age when they are promoted or appointed to hold titles in the title-standard professions”.

Second, resting time of pregnant and nursing women is ensured. Vietnam laws have many provisions providing for the maternity leave and resting time for female workers. Article 137 of the 2019 Labour Code states that an employer must not require a female employee to work at night, work overtime or go on a long distance working trip in such circumstances as: the employee reaches her seventh month of pregnancy; or her sixth month of pregnancy when working in upland, remote, border and island areas; the employee is raising a child under 12 months of age, unless otherwise agreed by her. To protect reproductive health, the Labour Code also stipulates particular jobs and working time of female workers: whenever an employer is informed of the pregnancy of an female employee who is doing a laborious, toxic or dangerous work, a highly laborious, toxic or dangerous work or any work that might negatively affect her maternity, the employer shall assign her to a less laborious or safer work, or reduce the working hours by 01 hour per day without reducing her salary, rights or benefits until her child reaches 12 months of age.

Vietnam laws also protect the right to work of female as requiring that employers must not dismiss an employee or unilaterally terminate the employment contract with an employee due to her marriage, pregnancy, maternity leave, or nursing a child. At the same time, it has regulations to protect the health of female workers: a female employee nursing a child under 12 months of age shall be entitled to 60 minutes breaks in every working day with full salary as stipulated in the employment contract. Where a female employee is pregnant and obtains a confirmation from a competent health facility which states that if she continues to work, it may adversely affect her pregnancy, she shall have the right to unilaterally terminate or suspend the employment contract.

A female employee is entitled to 06 months of prenatal and postnatal leave; the prenatal leave period shall not exceed 02 months. In case of a multiple birth, the leave shall be extended by 01 month for each child, counting from the second child. During maternity leave, the female employee is entitled to maternity benefits as prescribed by social insurance laws. After the maternity leave stipulated in Clause 1 of this Article expires, if so demanded, the female employee may be granted an additional unpaid leave under terms agreed upon with the employer. The female employee may return to work before the expiry of her statutory maternity leave stipulated in Clause 1 of this Article after she has taken at least 04 months of leave, provided she has obtained a confirmation from a competent health facility that the early resumption of work does not adversely affect her health, the employer receives a prior notice of the early resumption and agrees to the early resumption. In this case, besides the salary of the working days, which is paid by the employer, the female employee shall continue to receive the maternity allowance in accordance with social insurance laws. A female employee who adopts a child under 06 months of age, or becomes a surrogate mother shall be entitled to maternity leave in accordance with social insurance laws.

Third, ensuring suitable facilities at working place and preventing sexual harassment for female workers. This is an important condition to ensure the rights for female workers. When they are provided with suitable facilities, female workers will promote their creativity and productivity. This is stated in the provision 3 and 4 of Article 136 of the Labour Code: “Provide appropriate bathrooms and toilets at the workplace for female employees. Assist in building day care facilities and kindergartens, or cover a part of the childcare expenses incurred by employees”. This law also stipulates prohibitions in working place at the provision 3 of Article 8: Labor discrimination. Maltreatment of employees, forced labor. Sexual harassment in the workplace…. Decree No. 145/2020/NĐ-CP, dated December 14, 2020 of the Government also details and guides the implementation of a number of articles of the Labour Code regarding working conditions and industrial relations; preventing and countering sexual harassment at working place are stipulated in the Articles 84, 85, 86. The Decree also prescribes the definition of sexual harassment at working place; the responsibility of employers in preventing and countering sexual harassment at working place. At the same time, it clearly states the responsibility in implementing the policies for female workers and gender equality (Article 87).

Currently, Vietnam’s legal system has been being perfected towards ensuring the rights for female workers, and improving the role and status of women in their families and in society, enabling them to participate and enjoy equality in working place. The rights of female workers have been integrated in several promulgated strategies, programs and policies. More and more women are participating in economic activities and they are enjoying good opportunities to good jobs and high salary, which is an example of assurance of female worker’s rights in Vietnam.

The above-mentioned fact has proved that Vietnam always ensures human rights, citizen rights, especially the rights of female workers. At the same time, it also refutes the wrong arguments taking use of human rights and the rights of female workers to sabotage Vietnam revolution.

Senior Colonel, Doctor. NGUYEN HUU PHUC and Colonel, Master. DO XUAN DOAI

Political Academy, Ministry of National Defence