US embassy cable - 04HANOI1010

UNCLAS SECTION 01 OF 02 HANOI 001010 
 
SIPDIS 
 
STATE FOR G/TIP, EAP/BCLTV, EAP/RSP, INL/AAE 
 
E.O. 12958: N/A 
TAGS: PHUM, KWMN, KCRM, ELAB, VM, OMIG, LABOR, TIP 
SUBJECT:  LABOR EXPORT SITUATION AND VIETNAM'S TIER 
PLACEMENT 
 
REF: A. HANOI 652 (TIP REPORT SUBMISSION) B. HANOI 336 
(LABOR REGULATORY CHANGES) 
 
1. (U) Summary and action request: Embassy has reviewed the 
suggested language in the Trafficking in Persons report and 
would like to clarify some issues that appear to have led 
G/TIP to recommend a "watch list" designation for Vietnam. 
The GVN is engaged in monitoring and investigation of work 
conditions and welfare of Vietnamese overseas laborers, both 
through stationing dedicated labor attaches in key labor 
export market countries and the use of central government 
delegations to investigate the situation in areas with high 
numbers of worker complaints, such as Malaysia.  In 
addition, post has not been able to confirm G/TIP's findings 
regarding the legislative connection between labor export 
companies, the police, and victims' families.  Our work with 
the Ministry of Labor, Invalids, and Social Affairs 
(MOLISA), with Vietnamese attorneys, and with our own 
experienced staff has, on the contrary, uncovered no 
sections of Vietnamese law equivalent to those quoted in 
recent G/TIP emails.  If there is more information 
available, please provide substantiation of the claim that 
the revised labor code provides for police harassment of the 
families of overseas workers.  End summary and action 
request. 
 
2. (U) The GVN remains closely engaged on the issue of 
exploitation of Vietnamese labor overseas.  This engagement 
manifested itself most recently in the GVN's taking an 
active role in monitoring conditions for Vietnamese workers 
overseas and acting to combat abuses when necessary.  One 
recent example:  on April 7, Vietnamese television reported 
that MOLISA's Department of Overseas Labor sent an 
investigative mission of GVN officials in March to Malaysia 
to examine labor conditions for Vietnamese workers.  MOLISA 
official Tran Xuan Nhat confirmed April 8 that the MOLISA 
investigation trip to Malaysia was one of "several" trips 
GVN officials had made to gauge the situation in economies 
with high numbers of Vietnamese workers.  Following the 
MOLISA trip, Vietnamese Ambassador to Malaysia Nguyen Quoc 
Dung issued a public statement warning potential Vietnamese 
overseas laborers that working in Malaysia entailed "many 
risks" and cautioned that Malaysia was "not a market for 
Vietnamese to make fortunes." 
 
3.  (U)  In addition to these trips by Vietnam-based 
officials, the GVN established and filled labor attache 
positions in SRV Embassies in the six countries/economies 
with the greatest number of Vietnamese laborers.  Among 
other duties, these attaches are charged with investigating 
Vietnamese worker claims of abuse or fraud.  They also have 
the authority and funding to assist Vietnamese workers who 
encounter problems overseas, including repatriation if 
necessary. (Ref. B) 
 
4. (U) MOLISA Deputy Director General of the Department of 
Overseas Labor Nguyen Ngoc Quynh confirmed in an April 9 
meeting with Econoff that MOLISA has the responsibility for 
monitoring compliance with labor export regulations.  In CY 
2004 MOLISA has already exercised this authority nine times, 
suspending the license of one labor export company and 
warning eight others, he said.  (Note: these enforcement 
activities in CY 2004 are in addition to the ten license 
revocations and eight suspensions carried out from 2001- 
2003, reported reftel B.  End note.)  For cases involving 
significant violations of the law or abuse of workers, 
MOLISA referred cases to the Ministry of Public Security, he 
added.  In 2003, one of these cases resulted in a death 
sentence for a "labor exporter" who defrauded hundreds of 
workers seeking overseas jobs, Quynh noted. 
 
5. (U) An Embassy review of the Vietnamese labor code failed 
to uncover any documentation substantiating Washington's 
assertion that the law authorizes unit "A-19" of the 
"political police" to contact workers' families in the event 
of a dispute, or any mention whatsoever of police or a unit 
A-19.  Pham Thu Huong of the Hanoi Lawyers' Association 
stated April 8 that "nowhere in the Revised Labor Code 
discusses a connection between laborers, agents, and the 
police."  MOLISA's Nhat separately noted that, according to 
Vietnamese law, it is the right of the labor export company 
(or any other individual or entity) to report "trouble or 
complaints" to the police, but added that the labor code 
would not provide any authority to the police to contact 
family members or sponsors in connection with a case. 
6. (U) Comment: In terms of the issue of labor exploitation, 
Vietnam's performance has improved substantially since last 
year's TIP report.  The revised labor code of 2003, 
currently in the process of implementation, represents a 
serious effort by the GVN to address the problems of 
laborers in general and the problems of overseas laborers in 
particular.  The issue of Vietnamese workers maltreated 
overseas - and defrauded at home - has been widely covered 
in the press and in the broadcast media, and has been a 
priority for the GVN.  More than ever before, Vietnamese 
laborers overseas are receiving the attention of their 
government and assistance when it is needed.  Proof of this 
can be seen in the numerous fines, suspensions, and license 
revocations handed out to crooked labor export companies 
over the last year, as well as stiff sentences for people 
involved in exploitation of overseas labor (Ref A).  These 
developments represent real progress in Vietnam's struggle 
against labor exploitation and should be considered a 
mitigating factor in the decision as to whether Vietnam 
merits "watch list" status. 
BURGHARDT