VIETNAM: NATIONAL WORKSHOP ON EMPLOYMENT LAWS AND

UNCLAS HANOI 002057 SIPDIS STATE FOR EAP/BCLTV AND DRL STATE ALSO PASS USTR EBRYAN USDOC FOR 4431/MAC/AP/OKSA/HPPHO USDOL FOR INTERNATIONAL LABOR OFFICE BBUI E.O. 12958: N/A TAGS: ELAB ECON VN LABOR SUBJECT: VIETNAM: NATIONAL WORKSHOP ON EMPLOYMENT LAWS AND POLICIES FOR PEOPLE WITH DISABILITIES ¶1. ON AUGUST 15 - 16, 2002, IN HANOI, A NATIONAL WORKSHOP ON "EMPLOYMENT LAWS AND POLICIES FOR PEOPLE WITH DISABILITIES" WAS JOINTLY ORGANIZED BY DEPARTMENT OF EMPLOYMENT AND LABOR UNCLASSIFIED PAGE 02 HANOI 02057 210714Z POLICY OF THE MINISTRY OF LABOR, INVALIDS AND SOCIAL AFFAIRS (MOLISA) AND VIETNAM ASSISTANCE FOR THE HANDICAPPED PROJECT (VNAH). THE VNAH PROJECT IS ONE OF SIX PROJECTS FINANCED BY U.S. DEPARTMENT OF LABOR (USDOL) UNDER A MEMORANDUM OF UNDERSTANDING ON LABOR ISSUES WITH MOLISA, SIGNED IN NOVEMBER 2000. THE EMBASSY, ON BEHALF OF USDOL, AND MOLISA LAUNCHED THIS $650,000 PROJECT ON MAY 17 MAY 2002 TO PROMOTE ACCESS TO EMPLOYMENT FOR PERSONS WITH DISABILITIES IN VIETNAM. ¶2. THE WORKSHOP WAS THE FIRST EVENT KICKED OFF BY THE PROJECT. THE VNHA CONSULTANT (MS. HONG FROM MOLISA) PRESENTED A COMPREHENSIVE ASSESSMENT ON CURRENT VIETNAMESE LEGISLATION RELATED TO DISABLED PERSONS AS WELL AS TO ITS ACTUAL ENFORCEMENT. DISCUSSIONS AMONG THE WORKSHOP PARTICIPANTS COVERED A WIDE RANGE OF TOPICS, SUCH AS VIETNAM'S LABOR LAW AND POLICY, EDUCATION AND VOCATIONAL TRAINING, EMPLOYMENT QUOTA LAW, EMPLOYMENT FUND, AND BUSINESS ENTERPRISES FOR PEOPLE WITH DISABILITIES. THE CONSULTANT ALSO GAVE RECOMMENDATIONS ON POSSIBLE AMENDMENTS AND ADDITIONS TO CERTAIN PROVISIONS OF THE LABOR CODE AND THE ORDINANCE ON DISABLED PERSONS WHICH WOULD HELP CREATE AN EFFECTIVE LEGISLATIVE FRAMEWORK FOR REAL PROTECTION FOR THE DISABLED. ¶3. AT THE END OF THE WORKSHOP, THE FOLLOWING CONCLUSIONS WERE REACHED: - THE GOVERNMENT SHOULD IMPROVE THE POLICY ON CARING FOR AND FOSTERING THE DEVELOPMENT OF DISABLED PERSONS; HEALTH CARE, ORTHOPEDIC AND REHABILITATION SERVICES; EDUCATION; UNCLASSIFIED PAGE 03 HANOI 02057 210714Z CULTURAL, PHYSICAL TRAINING AND SPORTS ACTIVITIES AND ACCESS TO PUBLIC BUILDINGS; AND VOCATIONAL TRAINING AND EMPLOYMENT FOR PEOPLE WITH DISABILITIES. - THE AMENDED LABOR CODE WAS ENACTED BY THE NATIONAL ASSEMBLY ON APRIL 02, 2002 AND COMES INTO EFFECT ON JANUARY 01, 2003. ACCORDINGLY, IN ORDER TO IMPLEMENT THE AMENDED LABOR CODE, THE SPECIFIC LEGAL DOCUMENTS NEED TO BE PROMULGATED. THE ISSUES RELATED TO VOCATIONAL TRAINING AND EMPLOYMENT FOR DISABLED PERSONS SHOULD BE AMENDED AND SUPPLEMENTED IN THE COMING REGULATIONS. SPECIFICALLY, THE RECOMMENDATIONS INCLUDED: REMOVAL OF THE REQUIREMENT FOR ENTERPRISES TO EMPLOYEE "AT LEAST 10 WORKERS WITH DISABILITIES" TO CLASSIFIED AS A AN ENTERPRISE EXCLUSIVELY RESERVED FOR DISABLED PERSONS; MANDATORY QUOTAS FOR DISABLED WORKERS EMPLOYED BY AN ENTERPRISE; COMPENSATION FEES PAID BY AN ENTERPRISE THAT FAILS TO SATISFY THE MANDATORY QUOTAS FOR DISABLED WORKERS, TO THE NATIONAL EMPLOYMENT FUND FOR PEOPLE WITH DISABILITIES; AND THE NATIONAL EMPLOYMENT FUND FOR DISABLED PEOPLE MANAGED BY THE PEOPLE'S COMMITTEES OF THE PROVINCES OR CITIES UNDER THE CENTRAL AUTHORITY. ALSO, THESE REGULATIONS SHOULD MAKE THE DEFINITIONS OF "DISABLED PEOPLE", "DISABLED WORKER" AND "ENTERPRISE OR BUSINESS ESTABLISHMENT FOR HANDICAPPED" CLEARER AND MORE CONSISTENT. - FOR STRONGER ENFORCEMENT, A GOOD COORDINATION MECHANISM AMONG CONCERNED AGENCIES SHOULD BE ESTABLISHED AT ALL LEVELS. ¶4. THIS WORKSHOP WILL BE REPEATED IN HOCHIMINH CITY ON AUGUST 29 - 30, 2002. FOR THE NEXT STEPS, THE PROJECT WILL UNCLASSIFIED PAGE 04 HANOI 02057 210714Z SUMMARIZE ALL COMMENTS AND CONDUCT ADDITIONAL SURVEYS TO COMPLETE ITS DRAFT RECOMMENDATIONS. THE PROPOSAL WILL THEN BE SUBMITTED THE GOVERNMENT FOR CONSIDERATION FOR POSSIBLE AMENDMENTS, REVISIONS, AND ADDITIONS TO THE CURRENT LABOR CODE AS IT RELATES TO EMPLOYMENT OF PERSONS WITH DISABILITIES. ¶5. COMMENT: THIS WORKSHOP WAS WELL DONE AND WELL RECEIVED. ASSISTING PERSONS WITH DISABILITIES IS A PRIORITY FOR THE USG IN VIETNAM AND THIS PROGRAM IS A WELCOME AND NEEDED ADDITION TO OUR OVERALL EFFORTS. PORTER UNCLASSIFIED