As Vietnam deepens its integration into the global economy, the number of foreign workers has steadily increased, particularly in high-skilled sectors such as technology, manufacturing, and education. Alongside economic benefits, this trend raises important questions about gender equality and equal treatment in employment — both for foreign employees working in Vietnam and for Vietnamese workers employed by foreign-invested enterprises (FIEs).
1. Legal Framework for Gender Equality
Vietnam has established a robust legislative foundation for gender equality in employment. The Labor Code 2019 (Articles 8 and 12) explicitly prohibits discrimination based on gender, race, nationality, or religion. Meanwhile, the Law on Gender Equality 2006 sets out the principle that men and women must have equal opportunities in recruitment, employment, promotion, and working conditions.
Additionally, Vietnam is a party to several ILO conventions relevant to gender equality, including:
- ILO Convention No. 100 on Equal Remuneration;
- ILO Convention No. 111 on Discrimination in Employment and Occupation;
- CEDAW (Convention on the Elimination of All Forms of Discrimination against Women).
Together, these instruments create both domestic and international obligations for employers — including foreign employers — to prevent gender-based discrimination and ensure fair treatment.
2. Gender Equality and Foreign Workers
Foreign workers in Vietnam, like Vietnamese nationals, are protected by the Labor Code’s anti-discrimination provisions. However, practical implementation challenges remain.
In some industries, recruitment advertisements for foreign employees still show gender preferences, particularly in hospitality, education, and customer service sectors. This practice, though technically unlawful, persists due to cultural stereotypes or employer biases.
Moreover, female foreign workers often face additional barriers, such as:
- Limited access to maternity benefits or uncertainty regarding their eligibility for Vietnamese social insurance schemes;
- Unequal pay or contract terms, especially when employers perceive women as less “mobile” or “long-term”;
- Lack of clear complaint mechanisms or institutional support when facing harassment or discrimination.
These challenges reflect both regulatory gaps and cultural factors in workplace dynamics involving foreign employees.
3. Obligations of Employers
Under the Labor Code 2019 and Decree No. 152/2020/NĐ-CP on foreign labor management, employers of foreign nationals must:
- Treat all employees equally in terms of salary, working hours, and occupational safety;
- Implement internal regulations on anti-harassment and gender equality;
- Ensure compliance with social insurance and maternity leave obligations where applicable.
FIEs and multinational corporations are particularly encouraged to adopt Gender Equality Policies consistent with both Vietnamese law and global corporate standards — including clear channels for reporting workplace discrimination or harassment.
4. Policy Gaps and Reform Proposals
Despite progressive legislation, enforcement remains inconsistent. Many foreign workers — especially short-term contract holders — are unaware of their rights or lack confidence in Vietnam’s complaint mechanisms.
To strengthen protection, Vietnam could consider:
- Requiring employers to include gender equality clauses in labor contracts and internal labor regulations;
- Establishing a specialized ombudsman or hotline for gender-based complaints involving foreign workers;
- Enhancing coordination between the Ministry of Labour (MOLISA) and foreign embassies to raise awareness and provide support for affected employees;
- Incorporating gender-sensitive training into the licensing and inspection processes for foreign employers.
5. Conclusion
Vietnam’s legal framework on gender equality aligns with international standards, yet its effectiveness depends on implementation and awareness. As the country attracts more foreign professionals, ensuring gender equality in the employment of foreign workers is both a legal duty and a strategic imperative for maintaining a fair, competitive, and inclusive labor market.
By promoting non-discrimination, equal pay, and safe working environments, Vietnam can reinforce its reputation as a responsible investment destination — and set a regional benchmark for equitable labor practices in the era of globalization.
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