In August 2020, the EU-Vietnam Free Trade Agreement (EVFTA) officially entered into force in the EU, after the European Parliament (EP) received commitments from the highest authorities of Vietnam that Vietnam would ratify and implement the ILO Conventions and amend its Labor Code accordingly. Although these commitments were clearly stated in a letter signed by the Prime Minister of the Socialist Republic of Vietnam and in a “Labor Workplan”, Vietnam has so far failed to fully implement these commitments.

This is the reason that prompted 5 European associations, and 4 non-European civil society organizations, including Vietnam Worker Defenders, to file a lawsuit against the State of Vietnam (NNVN) to the European Single Entry Point mechanism in June 2024.

To review the proceedings, MEP Saskia Bricmont convened a meeting at QHAC on 19 November 2024, with the participation of:

• Mr. Minh An, representative of the Vietnam Worker Defenders,
• Dr. Hoang Thi My Lam, representative of the petitioning associations,
• MEP Estelle CEULEMANS and various departments of the European executive,
• three representatives of the DG Trade (Directorate-General of Trade of the European Commission), which received the lawsuit,
• a representative of the EEAS (European External Action Service),
• the chairman of the EU-DAG (European Domestic Advisory Group), the European advisory body to monitor and propose ways to implement the recommendations of the Trade Agreement,
• a representative of the ITUC (International Trade Union Confederation, European General Confederation of Labour) Chau),
• representatives of Human Rights Watch
• representatives of communities, associations and members of the Viet Tan Party in Denmark, Germany, the Netherlands, Belgium, France, the UK, and Switzerland

In her opening remarks, Ms Bricmont said: “I think today’s workshop is very important to give us all the opportunity to talk to each other, to understand why the complaint was filed. Why it was filed under the EVFTA. And what are the expectations of the complainants from the European Union and the Vietnamese government. ………… We cannot wait any longer and good intentions are not enough. The commitments under the EVFTA need to be implemented.” …………. I think that from the moment the commitments are made and a timetable is agreed, that timetable needs to be followed with sanctions if not implemented”

This was followed by a video presentation as a witness of Ms Hue Nhu, who is currently being pursued by the Vietnamese police, forcing her to flee her home (https://vietnamworkerdefenders.net/ms-dang-thi-hue-testimony-at-european-parlement-19-11-2024/)

She said she participated in the fight for the rights of Mao Khe coal mine workers, and she also founded the Independent Trade Union group on Facebook. In November 2019, she was arrested and sentenced to 39 months in prison for disturbing public order. In January 2023, after being released from prison, she collaborated with Vietnam Worker Defenders to meet workers who were summoned by the police for organizing a strike. Because of such activities, she is being sought.

Next was Ms. My Lam’s speech. Representing the 9 associations that filed the lawsuit, she said the main reason was to expose the deception of the Vietnamese government, to protect the basic rights of workers in Vietnam, and to ensure fair competition between the EU and Vietnam.

After Ms. My Lam, Ms. Helena of the Support Committee for Vietnam, Copenhagen, Denmark, presented in detail, through analyzing 5 characteristics of the situation in Vietnam, why the current nature of the political regime in Vietnam does not allow this country to internalize Convention 87. She concluded by calling on the EU to request Vietnam to immediately:

– promulgate a Decree to provide specific instructions on how to establish a “Worker Representative Organization at the business establishment”

– amend the 2019 Labor Code to allow:

– freelance workers to have the right to establish a “Worker Representative Organization”

– “Worker Representative Organizations” have the right to associate with each other

After the plaintiff’s presentation, the representative of the DG Trade agency receiving the lawsuit said that the lawsuit is currently in the preliminary review process, which will end at the end of this year. The next step is to set up a panel of experts to examine each point that the complainant wants to be considered. The panel of experts will then announce the results.

On this occasion, the representative of the EEAS also gave a general report on the human rights dialogues between the EU and Vietnam. At the end of the meeting, the Chairman of the EU-DAG also reported that the dialogues between the EU-DAG and Vietnam-DAG are still taking place regularly, and also complained that the organizations in Vietnam-DAG are not real civil society organizations. Not only that, some people working in real civil society organizations have been arrested just because they wanted to participate in Vietnam-DAG.