Vietnam
Overview
Please review the information below and then return to the workplace harassment prevention course.
Harassment and discrimination based on a protected characteristic are prohibited under national law. National law also provides employees protection from bullying.
Applicable Laws
The primary national law prohibiting employment discrimination and harassment on the basis of any protected characteristic is the Labor Code 2019. The implementation of the Labor Code 2019 is set forth in Decree No. 145/2020/ND-CP.
Protected Characteristics
Harassment or discrimination based on any characteristic set forth below is prohibited in Vietnam.
- Race
- Skin color
- National origin or social origin
- Nationality
- Gender
- Age
- Pregnancy status
- Marital status
- Religion
- Belief
- Political view
- Physical disability
- Family responsibility
- HIV infection status
- Establishing, joining, or operating in a trade union organization or an employees’ organization at an enterprise
Regional, state or other political subdivision laws may provide additional, separate standards and remedies for certain prohibited conduct.
Definitions
Sexual Harassment
Sexual harassment means an act of sexual nature committed by any person toward another person at the workplace without the latter’s desire or consent.
Sexual harassment may occur in a form of:
- exchange such as a proposal, request, suggestion, intimidation, or coercion of sex exchange for any work-related interests; or
- an act of sexual nature that is not for the purpose of sexual exchange but makes the working environment become hostile and insecure and causes harms to physical and spiritual health, work performance and life of the recipient.
Sexual harassment includes:
- physical conducts, including acts, gestures, contacts with or impacts on the human body that are of sexual nature or sexual suggestiveness
- verbal sexual harassment, including direct speeches or speeches via phone calls or via electronic means with sexual contents or sexual overtones
- non-verbal sexual harassment, including body language; display or description of visual materials on sex or related to sexual activities in a direct manner or via electronic means.
Workplace may be any place where an employee actually works as agreed upon with or assigned by the employer. The workplace may include work-related locations or spaces such as:
- social activities
- conferences
- training courses
- official work trips
- meals
- telephone conversations or communication activities via electronic means
- means of transportation arranged by the employer from the employee’s place of residence to the workplace and vice versa
- in the place of residence accommodated by the employer or
- other locations specified by the employer.
Depending on its severity, sexual harassment may constitute a criminal offense.
Filing a Claim in Vietnam
A claim for employment discrimination or harassment may be filed with the Ministry of Labor, War Invalids and Social Affairs.
Employment discrimination and harassment claims may also be filed in court.
Potential Remedies
In Vietnam, an employee who has experienced workplace discrimination or harassment may be entitled to monetary and other remedies. An employer may be required to take certain actions to correct or redress discriminatory harassment or violations of workplace safety standards. Potential remedies are listed below.
- Hiring
- Transfers
- Reassignments
- Promotions
- Reinstatement to a position
- Compensation for lost wages and benefits
- Damages for injury to dignity or feelings
- Cease and desist orders
Retaliation Prohibited
Employer retaliation against an employee who files a complaint relating to discrimination or harassment or is involved in the complaint process is unlawful.