The Implementation of Ratified ILO Fundamental Conventions in Vietnam: Successes and Challenges

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The Implementation of Ratified ILO Fundamental Conventions in Vietnam: Successes and Challenges, SPILJ Vol. 2 No.2 (2015)143-65

Vietnam rejoined the International Labour Organisation (ILO) in 1992 and has ratified 21 Conventions of the ILO, of which there are five of eight fundamental Conventions, namely: Convention Nos. 29, 100, 111, 138, 182. Obligations of ratified Member States of the ILO include reporting and most importantly incorporation into domestic legal system and implement provisions of ratified Convention in practice. Vietnam has a monist legal system in which ratified international treaties prevail over domestic law. According to Vietnam law, if the ratified international treaty is not specific enough to apply directly, transformation into domestic law is carried out usually by a legislative provision. This Article examines the incorporation into the legal system and implementation in practice of ILO fundamental Conventions on forced labour, child labour and discrimination at work that Vietnam has ratified. The successes and challenges of incorporating the ratified ILO fundamental Conventions in Vietnam’s context explored and analysed in this Article provide the basis for proposals and recommendations not only for the ILO in monitoring, supervising its standards but also for Vietnam in implementing its obligations from ratification of these ILO fundamental Conventions.