Ensuring the Right to Equality and Non-discrimination in Labor
The Case of Vietnam
DOI:
https://doi.org/10.19184/ejlh.v12i3.53714Abstract
The right to equality and non-discrimination in labor is recognized in many international legal documents and national legislation. However, in Vietnam, the implementation of laws ensuring the right to equality and non-discrimination in labor is often applied unequally between genders, and tends to prioritize the protection of female employees, recognizing additional rights for female employees, especially during pregnancy and raising children under 12 months. This interpretation has led to the existence of inequality within the very provisions of labor laws. Moreover, the definition of protected characteristics against discrimination remains unclear. This article clarifies the concept of the right to equality and non-discrimination in the workplace and analyzes signs of inequality and discrimination as grounds for identifying violations of workers’ rights. Moreover, this paper examines the content of legal doctrine and assesses the practical implementation of the right to equality and non-discrimination in Vietnam through the application of analysis, synthesis, legal comparison, and statistical analysis. The article identifies limitations of the current Vietnamese legal framework and proposes solutions to improve labor laws. These include providing specific guidance on the protected characteristics against discrimination, adding new protected characteristics to reflect current realities, and clarifying the employer’s right to request information from employees to prevent discriminatory practices. The article also discusses solutions for effectively enforcing the right to equality and non-discrimination in employment. These include providing guidance on the development of internal policies by employers to promote equality and prevent discrimination in the workplace, as well as strengthening the capacity of leaders of grassroots-level workers’ representative organizations.
Keywords: Discrimination, Equality, Labor, Law, and Vietnam.
Downloads
References
Akhter, Tahmina & Harmandeep Kaur, “The Multifaceted Impact of Discrimination: Psychological, Social, and Economic Consequences” (2025) 1:1 Scientific Societal & Behavioral Research Journal 92–101.
Anh, Đỗ Thị Vân, “Hiện tượng phân biệt đối xử theo vùng miền: Nghiên cứu trường hợp người lao động gốc Thanh Hóa” (2017) 2 Tạp chí Xã hội học.
Anh, Do Thi Van, “Regional discrimination: A case study of workers from Thanh Hoa” (2017) 2 Sociological Review.
Bản án số 94/2024/LĐ-PT về - tranh chấp đơn phương chấm dứt hợp đồng lao động và bồi thường thiệt hại, 2024 Toà án nhân dân Thành phố Hồ Chí Minh.
Bursell, Moa, Magnus Bygren & Michael Gähler, “Does employer discrimination contribute to the subordinate labor market inclusion of individuals of a foreign background?” (2021) 98 Social Science Research.
Charter of the United Nations, Can TS 1945 No 7 (1945).
Chien, Minh, “Applying for a Delivery Job Also Requires Submitting a Criminal Record. How Can I Fix This?” (2023), online: <https://nld.com.vn/thoi-su/xin-lam-giao-hang-cung-phai-nop-phieu-ly-lich-tu-phap-cach-nao-chan-chinh-20231105080829484.html>.
Constitution of the Socialist Republic of Vietnam, 2013.
Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) (1979).
Dai Nam University, “Notice No. 169/TB-DN on Recruitment of Staff and Lecturers for the 2024--2025 School Year” (2024), online: <https://dainam.edu.vn/vi/tin-tuc/thong-bao-tuyen-dung-can-bo-giang-vien-nam-hoc-2024-2025>.
Dang, Hoa Thi Phuong, “Amendments to Vietnam Labor Law after Two Years of Implementing European–Vietnam Free Trade Agreement” (2024) 8:3 The Russian Journal of Vietnamese Studies.
Dang, Minh Hoang, “Applying Feminist Legal Principles to Achieve Gender Equality in Vietnam’s Labor Legislation” (2024) 10:1 Cogent Social Sciences.
Dang, Minh Hoang & Doan Thi Phuong Diep, “The Integration of ILO Convention C111 into Vietnamese Labour Law and Its Implications for Gender-Based Discrimination: A Feminist Legal Critique” (2024) 17:1 Journal of East Asia and International Law.
Del Carmen Triana, María, Mevan Jayasinghe & Jenna R Pieper, “Perceived Workplace Racial Discrimination and Its Correlates: A Meta-analysis” (2015) 36:4 Journal of Organizational Behavior 491–513.
Deselnicu, Dana Corina, Andreea Barbu & Marius-lonel Anton, “Discrimination against Vulnerable Personnel in the Workplace” (2024) 18:1 Proceedings of the International Conference on Business Excellence.
Decree No. 12/2022/ND-CP Providing penalties for administrative violations in the fields of labor, social insurance, and overseas manpower supply under contract, 2022.
General Statistics Office of Vietnam, Press Release on Labor and Employment Situation in the Fourth Quarter and the Year 2020, Press Release, by General Statistics Office of Vietnam, Press Release (2021).
———, Press Release on Labor and Employment Situation in the Fourth Quarter and the Year 2022, Press Release, by General Statistics Office of Vietnam, Press Release (2023).
———, Press Release on Labor and Employment Situation in the Fourth Quarter and the Year 2024, Press Release, by General Statistics Office of Vietnam, Press Release (2025).
———, Press Release on Labor and Employment Situation in the Fourth Quarter of 2021 and Vietnam’s Human Development Index 2016–2020, Press Release, by General Statistics Office of Vietnam, Press Release (2022).
———, Press Release on Population, Labor and Employment Situation in the Fourth Quarter and 2023, Press Release, by General Statistics Office of Vietnam, Press Release (2023).
Huynh, Hannah, “Discrimination in Labor” (2018), online: Letran Law <https://letranlaw.com/vi/insights/phan-biet-doi-xu-trong-lao-dong/>.
International Covenant on Civil and Political Rights (ICCPR) (1966).
International Covenant on Economic, Social and Cultural Rights (ICESCR) (1966).
International Labour Organization, C100 – Equal Remuneration Convention, 1951.
International Labour Organization (ILO), Discrimination (Employment and Occupation) Convention, 1958.
ILO Country Office for Thailand, Cambodia and Lao PDR, ASEAN-Pacific Decent Work Decade 2006-2015: Equality & Discrimination, by ILO Country Office for Thailand, Cambodia and Lao PDR (International Labour Organization, 2006).
International Labour Office, Time for Equality at Work, by International Labour Office, in Global Report under the Follow-up to the ILO Declaration on Fundamental Principles and Rights at Work (Geneva, 2003).
International Labour Organization, Better Work Vietnam Annual Report, Annual Report, by International Labour Organization, Annual Report (Geneva, 2021).
———, Labour and Social Trends in Viet Nam 2021: Outlook to 2030, by International Labour Organization (Geneva, 2022).
———, Labour Inspection, Gender Equality and Non-Discrimination in the Arab States, by International Labour Organization (Geneva: International Labour Organization, 2014).
———, Tackling Racial and Ethnic Discrimination in the World of Work, by International Labour Organization (2024).
International Labour Organization & Navigos Search, Bình đẳng giới trong thực tiễn tuyển dụng và thăng tiến tại Việt Nam, by International Labour Organization & Navigos Search (2015).
Judgment No 94/2024/LD-PT, 2024 Ho Chi Minh City People’s Court.
Kotevska, Biljana, Guide on Discrimination Grounds, Guide, by Biljana Kotevska, Guide (Organization for Security and Co-operation in Europe (OSCE), 2013).
Lưu, Trần, “Doanh Nghiệp Trù Dập Cán Bộ Công đoàn, Trả Giá Hơn 620 Triệu Bồi Thường” (2024) 25 Tạp Chí Điện Tử Lao Động Đoàn Thể.
———, Equal Remuneration Convention, 1951.
———, Workers with Family Responsibilities Convention, 1981.
Marslev, Kristoffer & Cornelia Staritz, “Towards a Stronger EU Approach on the Trade-Labor Nexus? The EU-Vietnam Free Trade Agreement, Social Struggles and Labor Reforms in Vietnam” (2023) 30:3 Review of International Political Economy.
Ministry of Health Viet Nam, Circular No. 32/2023/TT-BYT Detailing a Number of Articles of the Law on Medical Examination and Treatment, 2023.
———, Circular No. 36/2024/TT-BYT on Health Standards and Health Examinations for Drivers and Specialized Motorbike Operators, 2024.
Neumark, David, “Experimental Research on Labor Market Discrimination” (2018) 56:3 Journal of Economic Literature.
Nhàn, Nguyễn, “Dấu hỏi khi nhiều người thất nghiệp tuổi trung niên”, VnExpress, online: <https://vnexpress.net/dau-hoi-khi-nhieu-nguoi-that-nghiep-tuoi-trung-nien-4814800.html>.
Organisation for Economic Co-operation and Development (OECD), SIGI 2024 Regional Report for Southeast Asia: Time to Care, Social Institutions and Gender Index, by Organisation for Economic Co-operation and Development (OECD) (Paris: OECD Publishing, 2024).
Pham, Hoang Linh, “Perfecting the Law to Ensure Equal Rights of Foreign Workers in Foreign-Invested Enterprises in Vietnam” (2019) 16 Legislative Studies.
Precedent No 70/2023/AL of Vietnam on termination of labor contracts for employees who are part-time trade union officials, 2023 Supreme People’s Court of the Socialist Republic of Vietnam.
Procter & Gamble Vietnam Company Limited, “Non-Discrimination Policy”, online: <https://vn.pg.com/chinh-sach-va-thuc-thi/chinh-sach-khong-phan-biet-doi-xu-trong-viec-lam/>.
Sevane, Ananian & Giulia Dellaferrera, A Study on the Employment and Wage Outcomes of People with Disabilities, by Ananian Sevane & Giulia Dellaferrera (Geneva: International Labour Organization (ILO), 2024).
Smith, Alexis & Shalei Simms, “The Oxford Handbook of Workplace Discrimination” in in Adrienne J Collella & Eden B King (Oxford: Oxford University Press, 2018) 339.
T&C Investment Holding Joint Stock Company, Code of Conduct 2023, Code of conduct, by T&C Investment Holding Joint Stock Company, Code of conduct (2023).
Tomei, Manuela, “Discrimination and Equality at Work: A Review of the Concepts” (2003) 142:4 International Labour Review.
Tuấn, Minh, “Nhiều khó khăn phát triển tổ chức Công đoàn trong doanh nghiệp ngoài nhà nướ”, Nhandan, online: <https://nhandan.vn/nhieu-kho-khan-phat-trien-to-chuc-cong-doan-trong-doanh-nghiep-ngoai-nha-nuoc-post772051.html>.
Trinh, Thi Huong Giang, A Comparative Legal Study of Sex Discrimination in Labour Law in the European Union and Vietnam: Critical Perspectives on Equal Pay, Pregnancy and Maternity (Belgium, Ghent University, 2019).
United Nations, Declaration on the Elimination of Violence Against Women, 1993.
Universal Declaration of Human Rights (1948).
———, Universal Declaration of Human Rights, 1948.
UN Women, Country Gender Equality Profile Viet Nam – CGEP 2021, by UN Women (2021).
Viet Nam Labour Code Law No 10/2012/QH13.
Viet Nam Labour Code Law No 45/2019/QH14.
Vietnam Ministry of Labour – Invalids and Social Affairs, Summary Report of Work in 2021 and Direction and Tasks in 2022, by Vietnam Ministry of Labour – Invalids and Social Affairs (2021).
———, Summary Report of Work in 2022 and Direction and Tasks in 2023, by Vietnam Ministry of Labour – Invalids and Social Affairs (2022).
———, Summary Report of Work in 2023 and Direction and Tasks in 2024, by Vietnam Ministry of Labour – Invalids and Social Affairs (2023).
Vo, T T, “Viet Nam: Transition to a Socialist-Oriented Market Economy” in Viet Nam 2045: Development Issues and Challenges, in Kimura, F et al (Jakarta: ERIA, 2023).
Weber, Andrea & Christine Zulehner, “Competition and Gender Prejudice: Are Discriminatory Employers Doomed to Fail?” (2014) 12:2 Journal of the European Economic Association.
Zharylouskaya, M, “Legal Aspects of Gender Equality in the Labour Market” (2023) 2 Topos.
Zukauskas, Pranas & Jolita Vveinhardt, “Diagnosis of Mobbing as Discrimination in Employee Relations” (2009) 4 Inzinerine Ekonomika--Engineering Economics.
Downloads
Published
Issue
Section
License
Copyright (c) 2026 Huyen Thanh Nguyen
This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.
