Cablegate: Vietnam: National Workshop On Employment Laws And

This record is a partial extract of the original cable. The full text of the original cable is not available.

210703Z Aug 02

2002HANOI02057 - UNCLASSIFIED

UNCLASSIFIED PTQ9790

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ACTION EAP-00

INFO LOG-00 CIAE-00 DOTE-00 EB-00 OIGO-00 FAAE-00 UTED-00
VC-00 TEDE-00 INR-00 LAB-01 VCE-00 MOFM-05 MOF-01
NSAE-00 OPM-01 CAEX-01 IRM-00 SS-00 STR-00 TEST-00
TRSE-00 DRL-02 G-00 NFAT-00 SAS-00 /011W
------------------DBF3A3 210714Z /38
FM AMEMBASSY HANOI
TO SECSTATE WASHDC PRIORITY 7345
INFO AMCONSUL HO CHI MINH CITY
DEPTLABOR WASHDC
USDOC WASHDC

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
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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;
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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
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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

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