The Rehab Archipelago - Human Rights Watch

Prohibitions on Forced Labor by Vietnam’s Trade Partners
In addition to international prohibitions on forced labor, many of Vietnam’s key trade
partners prohibit the import of goods and products produced by forced labor programs.
The US Tariff Act of 1930, as amended in 2006, specifically prohibits import of goods and
merchandise “produced or manufactured wholly or in part in any foreign country by convict
labor or forced labor.” The amended Tariff Act also prohibits the import of goods “made in
factories or workshops that violate core labor standards.” 169
The US Department of Labor (DOL) is authorized to develop and publish a list of goods
from around the world that are produced by forced or child labor. 170
The Generalized System of Preferences (GSP) is a US trade program that grants
preferential, duty-free treatment to the products of certain designated “developing
countries.” In 2008, Vietnam petitioned the US to consider Vietnam a “developing
country” under the GSP program. 171 The US has not yet granted the trade benefits to
Vietnam. In its request for GSP designation, the Vietnamese government focused on its
partnership with the International Labour Organization and its ratification of several of
the ILO’s conventions as demonstrating its commitment to comply with international
labor rights standards.
168 The Vietnamese labor law establishes that “all forms of forced labor are prohibited.” See Vietnam Labor
Code, June 23, 1994, art. 5.
169 Smoot-Hawley Tariff Act of 1930 (19 USC. 1307); amended in 2006.The US “Definition of Core Labor
Standards,” as amended by the 109th Congress states in section 3 (a): “In General- In this Act, the term
`core labor standards', means-- (1) the right of association; (2) the right to organize and bargain
collectively; (3) a prohibition on the use of any form of forced or compulsory labor; (4) a minimum age for
the employment of children; and (5) acceptable conditions of work with respect to minimum wages, hours
of work, and occupational safety and health.”
170 See US Department of Labor, “The Department of Labor’s List of Goods Produced by Child Labor or Forced
Labor: Report required by the Trafficking Victims Protection Reauthorization Acts of 2005 and 2008,” 2009,
www.dol.gov/ilab/programs/ocft/pdf/2009tvpra.pdf (accessed August 2, 2011).
171 Socialist Republic of Vietnam, “Statement in Support of Designation of Vietnam as a Beneficiary Developing
Country Under the US Generalized System of Preferences,” May 9, 2008, in List of Public Comments for Socialist
Republic of Vietnam, Country Eligibility Review (In Response to Federal Register Notice in Vol. 73, No. 120, Friday,
June 20, 2008, Page No. 35173.) August 4, 2008,
http://www.ustr.gov/sites/default/files/uploads/gsp/asset_upload_file29_15061.pdf (accessed August 24, 2011).
51 HUMAN RIGHTS WATCH | SEPTEMBER 2011