As the United States threatens a sweeping new 12.5% tariff over forced labor allegations, Việt Nam strongly denies the claims, citing its ongoing efforts to align with international labor standards.
The Latest: On June 3, Reuters reported that the United States could impose new tariffs of up to 12.5% on imports from 60 countries, including Việt Nam, over violations of rules related to forced labor.
On the afternoon of June 4, a representative of Việt Nam’s Ministry of Foreign Affairs responded to the allegations, stating that the U.S. investigation results “do not accurately reflect the reality and Việt Nam’s efforts to prevent, reduce, and minimize forced labor.”
The Details: According to the Office of the U.S. Trade Representative, U.S. investigations found that the 60 countries had engaged in “unfair trade” practices related to “forced labor” under Section 301 of the Trade Act of 1974.
The report placed Việt Nam among 54 economies that have “failed to adopt and effectively enforce” a ban on the import and export of goods produced with forced labor.
The 60 countries would be divided into two groups subject to new tariffs of 10% and 12.5%.
- Việt Nam is among the 46 countries in the 12.5% group, alongside China, South Korea, India, Australia, and others.
According to the Vietnam Chamber of Commerce and Industry, the United States received Việt Nam’s explanatory submission but still concluded that Việt Nam had “not established a direct legal prohibition.”
The tariff proposal remains a draft; the U.S. government will receive public comments until July 6, before holding a hearing on July 7.
State Media Coverage: While major Vietnamese state media outlets, such as Tiền Phong, VTV, and Công an TP.HCM, reported on the U.S. administration’s proposed new tariff on June 3, none of these outlets mentioned Việt Nam when naming the targeted countries.
Legal Framework: Việt Nam currently does not have a legal provision on “forced/compulsory labor” as such. Instead, it regulates “coerced labor.”
Under Article 29 of the International Labour Organization’s 1930 Forced Labour Convention, forced labor is defined as “all work or service which is exacted from any person under the menace of any penalty and for which the said person has not offered himself voluntarily.”
Việt Nam’s 2019 Labor Code defines “coerced labor” as “the use of force, threat of force, or other means to compel a worker to work against their will.”
While “forced labor” emphasizes a person’s status or condition, “coerced labor” emphasizes the act of forcing someone to work.
Việt Nam ratified the 1930 Forced Labour Convention in 2007 and the 1957 Abolition of Forced Labour Convention in 2020.
The Background: According to a report on forced labor and child labor by the Bureau of International Labor Affairs (ILAB) under the U.S. Department of Labor, as of September 2024, Việt Nam had 17 sectors alleged to involve forced labor and child labor.
The ILAB noted that the report is largely based on Việt Nam’s national datasets on child labor.
Most labor-related allegations in Việt Nam concern child labor. However, the garment sector has been accused of involving both.
Why It Matters: In response to the U.S. allegations, several countries and organizations, particularly in Europe, have criticized the proposed new tariffs as “completely unreasonable” and “unfounded.”
China opposed the unilateral tariffs and insisted that the country has “no forced labor.”
Furthermore, some organizations, including Human Rights Watch, called the proposal “questionable,” especially because it came just before the temporary 10% tariff currently imposed by the United States is set to expire on July 24.
Hoàng Nam wrote this article in Vietnamese and published it in Luật Khoa Magazine on June 4, 2026. The Vietnamese Magazine has the copyrights to the English translation.
