Vietnam
Vietnam published a NAP on 14 July 2023.
Available NAPs
Vietnam: 1st NAP (2023-2027)
Status
The NAP of Vietnam, titled National Action Plan for Law and Policy Improvement to Promote Responsible Business Practices in Viet Nam’, was enacted and published on 14 July 2023.
Process
In July 2018, the Ministry of Justice of Vietnam requested UNDP’s support to develop a road map to advance responsible business conduct in Vietnam.
At the request of the government of Vietnam, the UNDP agreed to provide assistance to draft a “Road Map to Business and Human Rights”.
In October 2020, the ‘Preliminary Assessment of the Regulatory Framework on Responsible Business Practice in Viet Nam’ was published. The assessment was undertaken as part of the Responsible Business Project of UNDP Viet Nam, in cooperation with the MOJ and in partnership with the Government of Sweden. The aim of the assessment was to advance responsible business practice (RBP) in Vietnam and to promote the development of a National Action Plan on Responsible Business Practice. It provides “a preliminary analysis of laws and policies as they pertain to upholding international social and environmental standards in the context of business activity”.
The first multi-stakeholder consultation in the development process of the NAP took place in October 2020. This consultation was followed by Focus Group Discussion with relevant government agencies in November 2020.
In April 2022, the second phase of the NBA (‘Assessment Report on the Responsible Business Practice Performance of business in Vietnam’) was finalised. This report focused on gaps in laws and policy and salient human rights issues in Vietnam.
On 6 April 2022, a second national consultation workshop to promote responsible business practices in Vietnam was organised by the MOJ and UNDP Vietnam, with the support of the Swedish Government. The event built from the first consultation that was organised in 2020 and the complete national baseline assessment (NBA).
One more step ahead in the direction of getting a #NAP approved in #Vietnam. Great conversation today with MoJ on next steps. @UNDPVietNam with support from and @SwedeninVN @MofaJapan_en @BizHRAsia_UNDP @Akikosato711 https://t.co/oy6SmtBouN
— Livio Sarandrea (@liviosarandrea) April 6, 2022
The workshop brought together a number of experts and key stakeholders, including the Vietnamese Deputy Minister of Justice, the First Secretary of the Embassy of Sweden, the UNDP Global Lead on Business and Human Rights and the UNDP Resident Representative. Legal experts took the opportunity to present findings and recommendations that arose from the recently completed NBA. As stated by the UNDP, the discussions focused on “recommendations for developing the NAP and streamlining legal frameworks for responsible business practices. Following this, key stakeholders and participants were invited to put forward their own recommendations”.
In August 2022, a workshop on the Assessment Report of April 2022 (i.e., the second phase of the NBA) and relevant international experience took place. This workshop was followed by multiple consultation workshops and cluster meetings for more focused stakeholder groups, where the aim was to present and discuss different versions of the draft NAP to the various stakeholders. Opportunity for public comments on the NAP draft was only presented for three weeks in February 2023.
The NAP of Vietnam, titled National Action Plan for Law and Policy Improvement to Promote Responsible Business Practices in Viet Nam’, was enacted and published on 14 July 2023 through Decision 843/QD-TTg 2023 finalizing policies to promote responsible business practices (thuvienphapluat.vn).
After enactment of the NAP on 14 July 2023, a capacity building workshop took place, which served as a de facto launch of the NAP.
Stakeholder Participation
From October 2022 until the start of 2023, four consultation workshops took place throughout Vietnam (Hanoi, Ho Chi Minh City, Da Nang City) to collect comments on different versions of the NAP draft from relevant stakeholders, including public authorities, business associations, large companies, civil society organisations (CSOs) and relevant UN agencies.
Additionally, in December 2022, four cluster meetings with certain focus groups took place to collect comments from state-owned enterprises (SOEs), trade unions and representatives of vulnerable groups.
Vulnerable groups that were considered in the draft NAP include: women, children, persons with disabilities and LGBTI. The NAP lists protection of the rights of vulnerable groups in business activities as one of its commitments. The objective is to review and develop legal normative documents related to, e.g., gender equality and anti-discrimination, and to set up complaint mechanisms.
The NAP draft was open for comments for three weeks in February 2023, so that domestic and international stakeholders could share their views.
The NAP development process was supported by UNDP Vietnam, which provided coordination and technical support and circulated the draft NAP to UN agencies and other relevant stakeholders.
In March 2023 the International Commission of Jurists (ICJ) submitted preliminary comments and recommendations to the Ministry of Justice (MOJ) of Vietnam. The ICJ indicated that there has been a lack of inclusive participation in developing the NAP, stating that the three-week period for consultations in February 2023 was “an unduly short timeframe for meaningful participation of representative stakeholders.”
Transparency
The NAP draft was open for public comments from both domestic and international stakeholders on the Ministry of Justice (MOJ) website for three weeks in February 2023. The consultation workshops and cluster meetings with relevant stakeholders took place behind closed doors and were thus not available to the public.
The first phase of the National Baseline Assessment (NBA) is publicly available (see below). However, the second phase of the NBA, an assessment report on responsible business practice in Vietnam, is not publicly available.
National Baseline Assessment (NBA)
Vietnam’s National Baseline Assessment was undertaken in a two-phase process.
1st Phase. A “Preliminary Assessment of the Regulatory Framework on Responsible Business Practice in Viet Nam” was published in Vietnamese and English by the Ministry of Justice on October 19, 2020. It was supported by the Swedish government and the UNDP Viet Nam.
2nd Phase. The NBA was finalised in 2022, following the “Assessment Report on the Responsible Business Practice Performance of business in Vietnam”, which served as the second phase of the NBA. This document is not publicly available.
The first phase of the NBA, the Preliminary Assessment of the Regulatory Framework on Responsible Business Practice aimed at identifying alignments and gaps between the Vietnamese regulatory framework and the UNGPs. The Preliminary Assessment was conducted primarily through desktop research of legal and regulatory material with a focus to draft recommendations to the development of the NAP.
The Preliminary Assessment was developed around five axes:
- Corporate and Investment Law
- Labour Rights
- Business in the Community
- Responsible Business Practice and Vulnerable Groups
- Access to Remedy
It sets out five research questions in its methodology:
- What laws, regulations and policies have been adopted that have the aim or effect of regulating business conduct with respect to salient responsible business practice issues in Viet Nam?
- What laws, regulations and policies are in place to protect specific vulnerable groups in Viet Nam from adverse business-related impacts?
- What State-based judicial and non-judicial, and non-state-based, grievance mechanisms are available in Viet Nam to provide effective remedy to victims of business-related harm?
- How have such regulations and policies aligned with Viet Nam’s international commitments on responsible business practice?
- What areas should be prioritized to revise regulation and policy to strengthen alignment with international commitments on responsible business practice?
During the development of the Preliminary Assessment, consultations were held with experts on responsible business practice to inform the overall direction of the Assessment. UNDP Viet Nam coordinated a multi-stakeholder Technical Advisory Group (TAG) for that purpose, comprising of selected key stakeholders to guide the development of the Assessment.
Follow-up, monitoring, reporting and review
Tasks and actions outlined in the NAP include (i) capacity building and raising awareness on RBP policies and laws, (ii) improving policies and laws (specific thematic focus on labour, investment, the protection of the rights of vulnerable groups, environmental protection and consumer protection), (iii) improving the efficiency of implementation of these laws and policies, (iv) sharing information on the results of activities in international programs, forums and conferences related to RBP and, lastly, (v) reviewing and updating the NAP. The NAP specifies outputs for each of these tasks and actions, and a corresponding deadline. Most deadlines are set for the year 2027.
The NAP specifies that the Ministry of Justice (MOJ), in cooperation with coordinating agencies (Ministry of Planning and Investment, Ministry of Labor – Invalids and Social Affairs, Ministry of Natural Resources and Environment, Ministry of Industry and Trade and other ministries, ministerial-level agencies, relevant agencies) will conduct a preliminary as well as a final review and evaluation of the implementation of the NAP (chapter II.5). The indicated deadline for the preliminary review is set for 2025 and the deadline for the final review is set for 2027.
The NAP contains a chapter on implementation (chapter III), including a paragraph on the assignment of duties. It is stated that the (MOJ) assumes the prime responsibility for the implementation of the NAP and shall coordinate with relevant ministries, ministerial-level agencies, provinces and organizations on the implementation of the NAP. The MOJ is also tasked with reviewing and summarizing the implementation of the NAP and report findings to the Prime Minister. Regarding monitoring, the NAP states that the MOJ is tasked with “guiding, urging and inspecting relevant ministries, ministerial-level agencies, provinces and organizations to implement NAP”, outlining a broad monitoring task for the MOJ. However, there are no specific monitoring mechanisms in place relating to the different tasks and actions.
Additional resources
- UNDP, Consultation on National Action Plan on Responsible Business Practices, Consultation on National Action Plan on Responsible Business Practices | United Nations Development Programme (undp.org)
- UNDP, A Key Milestone in Enhancing Responsible Business Practice in Viet Nam, A Key Milestone in Enhancing Responsible Business Practices in Viet Nam | United Nations Development Programme (undp.org)
- BakerMcKenzie, Vietnam: Operationalizing ESG – The National Action Plan for promoting Responsible Business Practices, Vietnam: Operationalizing ESG – The National Action Plan for promoting Responsible Business Practices – Baker McKenzie InsightPlus
Children’s rights
II. TASKS AND ACTIONS
2. Policy and law improvement
c) Protecting the rights of the vulnerable groups
– Studying, reviewing, proposing amendments, supplements and promulgation of legal normative documents related to gender equality, anti-discrimination and protection of the rights of the vulnerable groups in business activities to ensure feasibility and compliance with international standards, including Law on Gender Equality 2006, Law on Persons with Disabilities in 2010, Law on Children 2016, etc. and their guiding instruments.
+ Lead agency: Ministry of Labor, War Invalids and Social Affairs
+ Coordinating agencies: Ministries, ministerial-level agencies, governmental agencies and other relevant agencies; Viet Nam Fatherland Front; Viet Nam Women’s Union; Viet Nam Association for the Protection of Children’s Rights; Viet Nam Association of People with Disabilities and orphans; other relevant socio-political and social organizations.
+ Output: Research reports, reviews, proposals and recommendations submitted to competent authorities + Deadline: 2025
Conflict-affected areas
The Vietnam NAP makes no reference to Conflict-affected areas.
Construction sector
The Vietnam NAP makes no reference to the Construction sector.
Corporate law & corporate governance
II. TASKS AND ACTIONS
3. Improving the efficiency of law and policy implementation
e) Some other related tasks and actions
– Guiding enterprises to conduct RPB; encouraging the development of internal self-remedial and preventive regulations (including procedures and principles for dealing with complaints; and regulations and rules on internal governance, business conducts and ethics in the form of Codes of Conduct to promote RBP)
+ Lead agencies: Viet Nam Chamber of Commerce and Industry, Vietnam Association of Small and Medium Enterprises, industry-specific business associations (according to relevant functions and tasks)
+ Coordinating agencies: Relevant agencies and organizations
+ Outputs: Codes of Conduct, Codes of Ethics; Tools and guidelines on RBP
+ Deadline: 2026
– Legal support for businesses on RBP
+ Lead agency: Ministry of Justice
+ Coordinating agencies: Ministries, ministerial-level agencies, relevant agencies
+ Outputs: Report on the results of legal support for enterprises on RBP + Deadline: 2027
Corruption
The Vietnam NAP makes no reference to Corruption.
Data protection & privacy
II. TASKS AND ACTIONS
2. Policy and law improvement
dd) In consumer protection
– Studying and making proposals on drafting the Law on protection of personal data
+ Lead agency: Ministry of Public Security
+ Coordinating agencies: relevant Ministries, ministerial-level agencies and other agencies
+ Outputs: Proposals to draft the Law on protectio of personal data
+ Deadline: 2026
Development finance institutions
The Vietnam NAP makes no reference to Development finance institutions.
Digital technology & electronics sector
The Vietnam NAP makes no reference to the Information and communications technology (ICT) and electronics sector.
Energy sector
The Vietnam NAP makes no reference to the Energy sector.
Environment & climate change
I. GUIDING PRINCIPLES AND OBJECTIVES
2. Objectives
a) Overall objectives
Raising awareness and building capacity; reviewing and improving policies and laws and improving the effectiveness of the implementation of policies and laws (including improving efficiency and promoting access to remedies) in order to promote RBP in Viet Nam for the period of 2023-2027 to enhance the positive impacts and minimize the negative ones of economic and business development activities on society and the environment (focusing on investment and environment …
II. TASKS AND ACTIONS
2. Policy and law improvement
d) In environment protection
Studying, reviewing legislation and proposing the amendments, supplements or promulgation of legal normative documents on natural resources and environment to promote RBP
– Lead agency: Ministry of Natural Resources and Environment
– Coordinating agencies: ministries, ministerial-level agencies, Supreme People’s Court, proceeding agencies, agencies and organizations participating in judicial support, other relevant socio-political and social organizations
– Outputs: Research reports and related proposals and recommendations (if any) submitted to competent authorities
– Deadline: 2025
e) Other related fields
– Studying and reviewing the law on handling of administrative violations in the fields of investment, labor, environmental protection, protection of vulnerable groups, and consumer protection to promote RBP
+ Lead agency: Ministry of Justice
+ Coordinating agencies: Ministry of Planning and Investment, Ministry of Labor, War Invalids and Social Affairs, Ministry of Natural Resources and Environment, Ministry of Industry and Trade and other relevant agencies and organizations
+ Outputs: Report on Studying and reviewing of the Law on Handling of Administrative Violations, decrees on sanctioning of administrative violations in the fields of investment, labor, environmental protection, vulnerable group protection, consumer protection and related documents, suggestions and recommendations (if any)
+ Deadline: 2027
3. Improving the efficiency of law and policy implementation
d) In environmental protection
Completing and integrating mechanisms for receiving and processing complaints from people and businesses at state management agencies (such as hotlines, reception mailboxes, dialogues, etc.) for RBP in the field of environment; stepping up the collection of data and establishment of databases on RBP in the field of environment associated with the circular economy
– Lead agency: Ministry of Natural Resources and Environment
– Coordinating agencies: Ministries, ministerial-level agencies, relevant agencies.
– Outputs: Hotlines, reception mailboxes, dialogues; a database on RBP in the field of environment associated with the circular economy – Deadline: 2027
Equality & non-discrimination
II. TASKS AND ACTIONS
2. Policy and law improvement
c) Protecting the rights of the vulnerable groups
– Studying, reviewing, proposing amendments, supplements and promulgation of legal normative documents related to gender equality, anti-discrimination and protection of the rights of the vulnerable groups in business activities to ensure feasibility and compliance with international standards, including Law on Gender Equality 2006, Law on Persons with Disabilities in 2010, Law on Children 2016, etc. and their guiding instruments.
+ Lead agency: Ministry of Labor, War Invalids and Social Affairs
+ Coordinating agencies: Ministries, ministerial-level agencies, governmental agencies and other relevant agencies; Viet Nam Fatherland Front; Viet Nam Women’s Union; Viet Nam Association for the Protection of Children’s Rights; Viet Nam Association of People with Disabilities and orphans; other relevant socio-political and social organizations.
+ Output: Research reports, reviews, proposals and recommendations submitted to competent authorities
+ Deadline: 2025
– Drafting the Law on Gender Transformation to implement Article 37 of the Civil Code
+ Drafting agency: National Assembly member Nguyen Anh Tri;
+ Coordinating agencies: Ministry of Justice, ministries, ministerial-level agencies, governmental agencies and relevant agencies; related socio-political and social organizations
+ Outputs: Law on Gender Transformation + Deadline: 2025
Export credit
The Vietnam NAP makes no reference to Export Credit.
Extractives sector
The Vietnam NAP makes no reference to the Extractives sector.
Extraterritorial jurisdiction
The Vietnam NAP makes no reference to the Extraterritorial jurisdiction.
Finance & banking sector
The Vietnam NAP makes no reference to the Finance and banking sector.
Fisheries and aquaculture sectors
The Vietnam NAP makes no reference to the Fisheries and aquaculture sector.
Forced labour & modern slavery
The Vietnam NAP makes no reference to Forced labour and modern slavery.
Freedom of association
The Vietnam NAP makes no reference to Freedom of association.
Garment, Textile and Footwear Sector
The Vietnam NAP makes no reference to the Garment, textile and footwear sector.
Gender & women’s rights
II. TASKS AND ACTIONS
2. Policy and law improvement
b) In labor
– Preventing and fighting against gender-based violence (GBV) on the internet
+ Lead agency: Ministry of Labor, War Invalids and Social Affairs;
+ Coordinating agencies: Ministry of Information and Communications, ministries, ministerial-level agencies, governmental agencies and other relevant agencies;
+ Outputs: Review and study reports and proposals and recommendations (if any);
+ Deadline: 2025.
c) Protecting the rights of the vulnerable groups
– Studying, reviewing, proposing amendments, supplements and promulgation of legal normative documents related to gender equality, anti-discrimination and protection of the rights of the vulnerable groups in business activities to ensure feasibility and compliance with international standards, including Law on Gender Equality 2006, Law on Persons with Disabilities in 2010, Law on Children 2016, etc. and their guiding instruments.
+ Lead agency: Ministry of Labor, War Invalids and Social Affairs
+ Coordinating agencies: Ministries, ministerial-level agencies, governmental agencies and other relevant agencies; Viet Nam Fatherland Front; Viet Nam Women’s Union; Viet Nam Association for the Protection of Children’s Rights; Viet Nam Association of People with Disabilities and orphans; other relevant socio-political and social organizations.
+ Output: Research reports, reviews, proposals and recommendations submitted to competent authorities
+ Deadline: 2025
– Drafting the Law on Gender Transformation to implement Article 37 of the Civil Code
+ Drafting agency: National Assembly member Nguyen Anh Tri;
+ Coordinating agencies: Ministry of Justice, ministries, ministerial-level agencies, governmental agencies and relevant agencies; related socio-political and social organizations
+ Outputs: Law on Gender Transformation + Deadline: 2025
Guidance to business
II. TASKS AND ACTIONS
1. Raising awareness and building capacity for relevant agencies, organizations, businesses and people about policies and law on RBP
a. Training to raise awareness and strengthen capacity for relevant agencies and organizations, businesses and people about policies and law on RBP; capacity building for people with the authority to sanction administrative violations and investigators; improving the legal consultancy capacity for lawyers in activities related to RBP
– Lead agency: Ministry of Justice
– Coordinating agencies: Ministry of Planning and Investment, Ministry of Labor, War Invalids and Social Affairs, Ministry of Natural Resources and Environment, Ministry of Industry and Trade, Ministry of Public Security and other relevant ministries, ministerial-level agencies and government-attached agencies, People’s Committees of provinces and centrally-run cities, Viet Nam Women Union, Viet Nam Chamber of Commerce and Industry, Viet Nam Association of Small and Medium Enterprises, Viet Nam Cooperative Alliance, Viet Nam Bar Federation, Viet Nam Legal Practictioner Association, Viet Nam General Confederation of Labor, Viet Nam Consumer Protection Association, and industry associations.
– Outputs: Training materials, manual guidelines, training reports, trainings for awareness raising and capacity building; improved awareness and capacity on policies and law on RBP of agencies, organizations, enterprises, civil servants and people (including capacity of people with the authority to sanction administrative violations, investigators and lawyers) (through survey results);
– Deadline: 2027.
II. TASKS AND ACTIONS
3. Improving the efficiency of law and policy implementation
e) Some other related tasks and actions
– Guiding enterprises to conduct RPB; encouraging the development of internal self-remedial and preventive regulations (including procedures and principles for dealing with complaints; and regulations and rules on internal governance, business conducts and ethics in the form of Codes of Conduct to promote RBP)
+ Lead agencies: Viet Nam Chamber of Commerce and Industry, Vietnam Association of Small and Medium Enterprises, industry-specific business associations (according to relevant functions and tasks)
+ Coordinating agencies: Relevant agencies and organizations
+ Outputs: Codes of Conduct, Codes of Ethics; Tools and guidelines on RBP
+ Deadline: 2026
– Legal support for businesses on RBP
+ Lead agency: Ministry of Justice
+ Coordinating agencies: Ministries, ministerial-level agencies, relevant agencies
+ Outputs: Report on the results of legal support for enterprises on RBP
+ Deadline: 2027
– Organizing dialogues with relevant government agencies, business associations and social and socio-political organizations to promote RBP
+ Lead agency: Ministry of Justice
+ Coordinating agencies: Ministry of Planning and Investment, Ministry of Labor – Invalids and Social Affairs, Ministry of Natural Resources and Environment, Ministry of Industry and Trade and other ministries, ministerial-level agencies, relevant agencies
+ Outputs: Report on organizing dialogues on RBP; proposals and recommendations; + Deadline: 2027
Health and social care
The Vietnam NAP makes no reference to Health and social care.
Human rights defenders & whistle-blowers
The Vietnam NAP makes no reference to Human rights defenders and whistle-blowers.
Human rights impact assessments
The Vietnam NAP makes no reference to Human rights impact assessments.
Indigenous Peoples
The Vietnam NAP makes no reference to Indigenous peoples.
Investment treaties & investor-state dispute settlements
The Vietnam NAP makes no reference to Investment treaties and investor-state dispute settlement (ISDS).
Read more about Investment treaties & investor-state dispute settlements
Judicial remedy
I. GUIDING PRINCIPLES AND OBJECTIVES
2. Objectives
a) Overall objectives
Raising awareness and building capacity; reviewing and improving policies and laws and improving the effectiveness of the implementation of policies and laws (including improving efficiency and promoting access to remedies) in order to promote RBP in Viet Nam for the period of 2023-2027 to enhance the positive impacts and minimize the negative ones of economic and business development activities on society and the environment (focusing on investment and environment; protecting the legitimate rights and interests of workers, consumers and vulnerable groups), thereby contributing to promoting the circular economy and improving Viet Nam’s socialist-oriented market economy.
b) Specific objectives
– Improving the efficiency and quality of law implementation related to RBP of enterprises in Viet Nam, including improving efficiency in review, supervision and promotion of access to remedies;
II. TASKS AND ACTIONS
1. Raising awareness and building capacity for relevant agencies, organizations, businesses and people about policies and law on RBP
a. Training to raise awareness and strengthen capacity for relevant agencies and organizations, businesses and people about policies and law on RBP; capacity building for people with the authority to sanction administrative violations and investigators; improving the legal consultancy capacity for lawyers in activities related to RBP
– Lead agency: Ministry of Justice
– Coordinating agencies: Ministry of Planning and Investment, Ministry of Labor, War Invalids and Social Affairs, Ministry of Natural Resources and Environment, Ministry of Industry and Trade, Ministry of Public Security and other relevant ministries, ministerial-level agencies and government-attached agencies, People’s Committees of provinces and centrally-run cities, Viet Nam Women Union, Viet Nam Chamber of Commerce and Industry, Viet Nam Association of Small and Medium Enterprises, Viet Nam Cooperative Alliance, Viet Nam Bar Federation, Viet Nam Legal Practictioner Association, Viet Nam General Confederation of Labor, Viet Nam Consumer Protection Association, and industry associations.
– Outputs: Training materials, manual guidelines, training reports, trainings for awareness raising and capacity building; improved awareness and capacity on policies and law on RBP of agencies, organizations, enterprises, civil servants and people (including capacity of people with the authority to sanction administrative violations, investigators and lawyers) (through survey results);
– Deadline: 2027.
b. Capacity building for judges, prosecutors and relevant judicial titles in handling RBP cases in Viet Nam
– Lead agencies: Proposing the Supreme People’s Court and the Supreme People’s Procuracy to be in charge
– Coordinating agencies: Ministry of Justice, Ministry of Planning and Investment, Ministry of Labor, War Invalids and Social Affairs, Ministry of Natural Resources and Environment, Ministry of Industry and Trade, Viet Nam Bar Federation, Viet Nam Lawyer Association;
– Outputs: Reports on capacity building trainings; improved capacity of judges, prosecutors and relevant judicial titles in handling RBP cases (through survey results).
– Deadline: 2027.
2. Policy and law improvement
e) Other related fields
– Studying, reviewing and proposing amendments and supplements to the Civil Proceeding Code 2015 and related instruments to promote RBP (including drafting principles of evidence and responsibility for providing evidence in civil and administrative proceedings to create favorable conditions for disadvantaged parties when exercising the right to litigation; promoting the application of simplified procedures in dispute settlement in the fields of labor and consumer protection; building and improving friendly and accessible procedural models for PWDs, LGBTI, etc.)
+ Lead agency: Proposing the Supreme People’s Court to be in charge
+ Coordinating agencies: Ministry of Justice, Ministry of Planning and Investment, Ministry of Labor, War Invalids and Social Affairs, Ministry of Natural Resources and Environment, Ministry of Industry and Trade, Viet Nam Bar Federation, Viet Nam Lawyers Association and other agencies and organizations involved in judicial support
+ Output: Research and review of the Civil Proceeding Code 2015 and related documents and proposals and recommendations (if any); Resolutions and case precedents of the Judicial Council of the Supreme People’s Court
+ Deadline: 2027
– Studying and reviewing the law on handling of administrative violations in the fields of investment, labor, environmental protection, protection of vulnerable groups, and consumer protection to promote RBP
+ Lead agency: Ministry of Justice
+ Coordinating agencies: Ministry of Planning and Investment, Ministry of Labor, War Invalids and Social Affairs, Ministry of Natural Resources and Environment, Ministry of Industry and Trade and other relevant agencies and organizations
+ Outputs: Report on Studying and reviewing of the Law on Handling of Administrative Violations, decrees on sanctioning of administrative violations in the fields of investment, labor, environmental protection, vulnerable group protection, consumer protection and related documents, suggestions and recommendations (if any)
+ Deadline: 2027
3. Improving the efficiency of law and policy implementation
e) Some other related tasks and actions
– Guiding enterprises to conduct RPB; encouraging the development of internal self-remedial and preventive regulations (including procedures and principles for dealing with complaints; and regulations and rules on internal governance, business conducts and ethics in the form of Codes of Conduct to promote RBP)
+ Lead agencies: Viet Nam Chamber of Commerce and Industry, Vietnam Association of Small and Medium Enterprises, industry-specific business associations (according to relevant functions and tasks)
+ Coordinating agencies: Relevant agencies and organizations
+ Outputs: Codes of Conduct, Codes of Ethics; Tools and guidelines on RBP + Deadline: 2026
Land
The Vietnam NAP makes no reference to Land.
Mandatory human rights due diligence
The Vietnam NAP makes no reference to Human rights due diligence.
NB: the Vietnam NAP has a focus on responsible business practices (RBP)
Migrant workers
The Vietnam NAP makes no reference to Migrant workers.
National Human Rights Institutions/ Ombudspersons
The Vietnam NAP makes no reference to the National Human Rights Institutions (NHRIs) / Ombudspersons.
Read more about National Human Rights Institutions/ Ombudspersons
Non-financial reporting
The Vietnam NAP makes no reference to Non-financial reporting.
Non-judicial grievance mechanisms
II. TASKS AND ACTIONS
3. Improving the efficiency of law and policy implementation
b) In labor
Completing and integrating the mechanism of monitoring, receiving and processing complaints from people and businesses into state management agencies (such as hotlines, reception mailboxes, dialogues, etc.) for RBP in the field of labor; stepping up the collection of data and establishment of databases on RBP in the field of labor.
– Lead agency: Ministry of Labor, Invalids and Social Affairs
– Coordinating agencies: Ministries, ministerial-level agencies, other relevant agencies
– Outputs: Hotlines, reception mailboxes, dialogues, databases on RBP in labor
– Deadline: 2027
c) In the protection of vulnerable groups
Completing and integrating mechanisms for receiving and processing complaints from people and businesses into state management agencies (such as hotlines, reception mailboxes, dialogues, etc.) for RBP concerning vulnerable groups; stepping up the collection of data and establishment of databases on RBP for vulnerable groups
– Lead agency: Ministry of Labor, War Invalids and Social Affairs
– Coordinating agencies: Ministries, ministerial-level agencies, relevant agencies
– Outputs: Hotlines, reception mailboxes, dialogues; databases on RBP for vulnerable groups
– Deadline: 2027
d) In environmental protection
Completing and integrating mechanisms for receiving and processing complaints from people and businesses at state management agencies (such as hotlines, reception mailboxes, dialogues, etc.) for RBP in the field of environment; stepping up the collection of data and establishment of databases on RBP in the field of environment associated with the circular economy
– Lead agency: Ministry of Natural Resources and Environment
– Coordinating agencies: Ministries, ministerial-level agencies, relevant agencies.
– Outputs: Hotlines, reception mailboxes, dialogues; a database on RBP in the field of environment associated with the circular economy
– Deadline: 2027
dd) In consumer protection
Completing and integrating mechanisms for receiving and processing complaints from people and businesses at state management agencies (such as hotlines, reception mailboxes, dialogues, etc.) for RBP in the field of consumer protection; stepping up the collection of data and establishment of databases on RBP in the field of consumer protection.
– Lead agency: Ministry of Industry and Trade
– Coordinating agencies: Ministries, ministerial-level agencies, relevant agencies.
– Outputs: Hotlines, receiving mailboxes, dialogue activities; databases on RBP in the field of consumer protection
– Deadline: 2027
OECD National Contact Points
The Vietnam NAP makes no reference to OECD National Contact Points (NCPs).
NB: Vietnam is not an OECD member state.
Persons with disabilities
II. TASKS AND ACTIONS
2. Policy and law improvement
c) Protecting the rights of the vulnerable groups
– Studying, reviewing, proposing amendments, supplements and promulgation of legal normative documents related to gender equality, anti-discrimination and protection of the rights of the vulnerable groups in business activities to ensure feasibility and compliance with international standards, including Law on Gender Equality 2006, Law on Persons with Disabilities in 2010, Law on Children 2016, etc. and their guiding instruments.
+ Lead agency: Ministry of Labor, War Invalids and Social Affairs
+ Coordinating agencies: Ministries, ministerial-level agencies, governmental agencies and other relevant agencies; Viet Nam Fatherland Front; Viet Nam Women’s Union; Viet Nam Association for the Protection of Children’s Rights; Viet Nam Association of People with Disabilities and orphans; other relevant socio-political and social organizations.
+ Output: Research reports, reviews, proposals and recommendations submitted to competent authorities + Deadline: 2025
Policy coherence
I. GUIDING PRINCIPLES AND OBJECTIVES
1. Guiding principles
a) To closely follow the Party and State’s viewpoints, guidelines, directions and policies on developing a socialist-oriented market economy, proactive international integration, sustainable and inclusive development; promoting RBP of enterprises, contributing to the implementation of the 2030 Agenda for Sustainable Development with the 17 Sustainable Development Goals (SDGs) of the United Nations and Resolution 27-NQ/TW dated 9 November, 2022 of the 13th Party Central Committee on continuing to build and improve the socialist rule of law State of Viet Nam in the new period.
b) To ensure compliance with Viet Nam’s international commitments in bilateral and multilateral economic cooperation frameworks, especially the Viet Nam-European Union Free Trade Agreement (EVFTA), the EU-Viet Nam Free Trade Agreement (EVFTA), and the EU-Viet Nam Free Trade Agreement (EVFTA), and the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP).
III. IMPLEMENTATION
1. Assignment of duties
a) Ministry of Justice
– Assuming the prime responsibility for, and coordinate with relevant ministries, ministerial-level agencies, provinces and organizations in the implementation of NAP;
– Guiding, urging and inspecting relevant ministries, ministerial-level agencies, provinces and organizations to implement NAP;
– Reviewing and summarizing the implementation of NAP and report to the Prime Minister.
b) Ministries, ministerial-level agencies, governmental agencies and People’s Committees of provinces and centrally run cities:
– For the lead agencies assigned to assume the prime responsibility for performing the tasks in NAP:
+ Drafting a detailed plan to perform the main task in NAP and send it to the Ministry of Justice for synthesis and monitoring;
+ Directing, urging, guiding and inspecting the affiliated units to implement NAP;
+ Carrying out the preliminary and final review of NAP within the sectors, fields and regions, and send the report to the Ministry of Justice for synthesis. – For coordinating agencies: Responsible for coordinating the performance of assigned tasks.
Privatisation
The Vietnam NAP makes no reference to Privatisation.
Public procurement
II. TASKS AND ACTIONS
2. Policy and law improvement
a. In investment
– Reviewing, studying and proposing to improve the guiding instruments of the Law on Bidding (amended) to promote RBP in public procurement.
– Lead agency: Ministry of Planning and Investment
– Coordinating agencies: Ministries, ministerial-level agencies, other relevant agencies
– Outputs: the guiding documents of the Law on Bidding (amended)
– Deadline: 2024
Security sector
The Vietnam NAP makes no reference to the Security sector.
Small & medium-sized enterprises
The Vietnam NAP makes no reference to Small and medium enterprises (SMEs).
State Owned Enterprises/ Public Private Partnerships
The Vietnam NAP makes no reference to State owned enterprises/ public private partnerships.
Read more about State Owned Enterprises/ Public Private Partnerships
Supply chains
The Vietnam NAP makes no reference to Supply chains.
Taxation
The Vietnam NAP makes no reference to tax.
The 2030 Agenda for Sustainable Development
I. GUIDING PRINCIPLES AND OBJECTIVES
1. Guiding principles
a) To closely follow the Party and State’s viewpoints, guidelines, directions and policies on developing a socialist-oriented market economy, proactive international integration, sustainable and inclusive development; promoting RBP of enterprises, contributing to the implementation of the 2030 Agenda for Sustainable Development with the 17 Sustainable Development Goals (SDGs) of the United Nations and Resolution 27-NQ/TW dated 9 November, 2022 of the 13th Party Central Committee on continuing to build and improve the socialist rule of law State of Viet Nam in the new period.
2. Objectives
b) Specific objectives
– Raising awareness and building capacity of governmental agencies, businesses and communities on RBP; contributing to the implementation of the 2030 Agenda for Sustainable Development. – Ensuring businesses’ compliance with legal regulations on RBP; encouraging enterprises to conduct RBP above the minimum requirement of the law; thereby contributing to sustainable socio-economic development.
Tourism sector
The Vietnam NAP makes no reference to tourism.
Trade
I. GUIDING PRINCIPLES AND OBJECTIVES
1. Guiding principles
b) To ensure compliance with Viet Nam’s international commitments in bilateral and multilateral economic cooperation frameworks, especially the Viet Nam-European Union Free Trade Agreement (EVFTA), the EU-Viet Nam Free Trade Agreement (EVFTA), and the EU-Viet Nam Free Trade Agreement (EVFTA), and the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP).
Workers’ rights
I. GUIDING PRINCIPLES AND OBJECTIVES
2. Objectives
a) Overall objectives
Raising awareness and building capacity; reviewing and improving policies and laws and improving the effectiveness of the implementation of policies and laws (including improving efficiency and promoting access to remedies) in order to promote RBP in Viet Nam for the period of 2023-2027 to enhance the positive impacts and minimize the negative ones of economic and business development activities on society and the environment (focusing on investment and environment; protecting the legitimate rights and interests of workers, consumers and vulnerable groups), thereby contributing to promoting the circular economy and improving Viet Nam’s socialist-oriented market economy.
II. TASKS AND ACTIONS
2. Policy and law improvement
b) In labor
– Reviewing, amending, supplementing and promulgating laws and regulations concerning the promotion and protection of labor rights, welfare of employees in industrial relations and employment in line with international labor standards to which Viet Nam is a party (including Law on Safety and Occupational Hygiene, Law on Social Insurance, Law on Employment and their guiding instruments)
+ Lead agency: Ministry of Labor, War Invalids and Social Affairs
+ Coordinating agencies: Ministries, ministerial-level agencies, government-attached agencies and other relevant agencies
+ Outputs: Review reports, suggestions and recommendations (if any)
+ Deadline: 2025
– Studying and drafting policies on job protection, retraining and protection of employees in the relationship with platform-providing companies in the context of digitalization;
+ Lead agency: Ministry of Labor, War Invalids and Social Affairs
+ Coordinating agencies: Ministries, ministerial-level agencies, governmental agencies and other relevant agencies.
+ Outputs: Review report and proposals and recommendations (if any).
+ Deadline: 2025.
– Studying, amending, supplementing or promulgating the Law on Trade union and its guiding instruments
+ Lead agency: Viet Nam General Confederation of Labor;
+ Coordinating agencies: Ministry of Labor, War Invalids and Social Affairs, ministries, ministerial-level agencies, governmental agencies and other relevant agencies;
+ Outputs: Law on Trade Union (amended) and its guiding documents (if any);
+ Deadline: 2027.
