Workplace Sexual Harassment in Vietnam: A Review of Current Legislation

Abstract

The issue of sexual harassment in the workplace has long been a concern in the Vietnamese society. However, it is only in recent years that this issue has been acknowledged and addressed through Vietnamese laws and regulations. This article critically examines Vietnamese legislative approaches to the problem of sexual harassment in the workplace. It first analyzes existing domestic laws and regulations pertaining to sexual harassment in the workplace in Vietnam, taking into account their characteristics, advantages, and limitations. It then proposes potential changes that could strengthen the prevention of and combat against sexual harassment in the Vietnamese workplace. The paper employs doctrinal legal research methodology to analyze the content of law while utilizing a law-in-context approach to explore the social and cultural aspects at play. In Vietnam, legislation regarding sexual harassment in the workplace has developed gradually, with increasing complexity and coverage. This development encompasses various aspects, including definitions, procedures, liability, remedies, and sanctions. The government and relevant authorities are committed to revising and strengthening these laws to address the evolving nature and magnitude of sexual harassment. Key changes include the introduction of new provisions in the Labour Code 2019 to rectify previous shortcomings, as well as the issuance of Decree No. 145/2020/ND-CP and Decree No. 12/2022/ND-CP to clarify responsibilities, prevent harassment, and impose sanctions. Despite these improvements, there remain challenges in achieving a safe and harassment-free workplace.