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14 March 2023
Today, the ICJ submitted preliminary recommendations to the Ministry of Justice to strengthen the draft National Action Plan on Policy and Law Improvement to Promote Responsible Business Practices in Vietnam (2023-2027) (‘draft NAP’).
The Ministry of Justice has set the timeframe for public consultations between 20 February 2023 and 10 March 2023. After which it will be submitted to the prime minister for his consideration.
“As it stands, the draft NAP may fall short of becoming a fully effective instrument to protect people from the conduct of business enterprises,” said Carlos Lopez, ICJ’s Senior Legal Adviser. “One of the key concerns is that it failed to include several of the specific challenges faced by Vietnam in relation to business-related human rights abuse.”
In the letter, the ICJ further noted that it is also critical that Vietnam also take full account of its international human rights law treaty obligations, as interpreted by UN treaty bodies.
Key recommendations include:
— Ensuring that the draft NAP is developed and implemented through an inclusive and transparent process;
— Using the UN Guiding Principles on Business and Human Rights (‘UNGPs’) and international human rights treaty law as authoritative documents; and
— Responding to specific challenges faced by Vietnam to ensure an acceptable level of responsible business practice. These include the crackdowns on human rights defenders and civil society actors, the challenges around forced eviction and land ownership, the lack of genuine opportunities for the affected communities to take part in the decision-making processes, and undue restrictions on trade unions.
Background
Since adopting the UNGPs more than a decade ago, NAPs have been drawn up by governments around the world, setting out commitments and priorities to effectively tackle challenges of adverse human rights impacts of activities by businesses.
Viet Nam is among several countries in Asia in the process of developing a NAP. In recent years, the Ministry of Justice reportedly coordinated with ministries, branches, and localities to conduct research, reviews, and consultation workshops to develop the draft NAP.
Immediate priority areas that were identified by the draft NAP include (i) selective investment attraction; (ii) environmental protection; (iii) labor; (iv) protecting the rights of vulnerable groups; and (v) protection of consumer rights. #
