US embassy cable - 02HANOI2057

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 
 
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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; 
                       UNCLASSIFIED 
 
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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 
                       UNCLASSIFIED 
 
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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