How Is Forced Labor Defined?
Before considering compliance obligations under Decree 292/2026/ND-CP, businesses need a clear understanding of the concept of “forced labor” — this is the very benchmark used to determine which goods fall under the import ban.
| Source | Definition |
|---|---|
| ILO Forced Labour Convention, 1930 (No. 29), Article 2(1) | “Forced or compulsory labour” means 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. |
| Vietnam’s 2019 Labor Code, Article 3(7) | Forced labor means the use of force, the threat of force, or other tactics to compel another person to work against their will. Article 8(2) of the same Code prohibits this conduct. |
The ILO’s 11 Indicators of Forced Labor
To help businesses, labor inspectors, and other stakeholders identify risk in practice, the ILO has developed a framework of 11 indicators of forced labor (2025 revised edition). The presence of one or several indicators together is grounds for further investigation:
- Abuse of vulnerability
- Deception
- Restriction of movement
- Isolation
- Physical and sexual violence
- Intimidation and threats
- Retention of identity documents
- Withholding of wages
- Debt bondage
- Abusive working and living conditions
- Excessive overtime
The US enacted the Uyghur Forced Labor Prevention Act (UFLPA), reversing the burden of proof for goods linked to the Xinjiang region.
The EU adopted Regulation (EU) 2024/3015 banning goods made with forced labor from the EU market (EUFLR).
The Office of the United States Trade Representative (USTR) launched Section 301 investigations into 60 trading partners over failures to ban and effectively enforce prohibitions on forced-labor goods imports.
USTR issued its findings: 54 economies “have not adopted a ban” — facing a proposed 12.5% additional tariff; 6 economies including the EU, Canada, and Mexico “have not enforced effectively” — facing a proposed 10% additional tariff.
The European Commission published implementation guidelines for the EUFLR and launched the Forced Labour Single Portal.
Australia announced proposed reforms to its Modern Slavery Act, adding a criminal offense for “failing to prevent” forced labor in supply chains.
Vietnam issued Decree 292/2026/ND-CP, officially adding a ban on the import of goods linked to forced labor to its List of Prohibited Imports.
Decree 292/2026/ND-CP officially takes effect.
Issuing this regulation is therefore consistent with the labor commitments in the EVFTA, the CPTPP, and other free trade agreements Vietnam has joined. Exporters should view this not merely as a domestic compliance obligation, but as a signal to prepare simultaneously for participation in global supply chains serving markets such as the EU, the United States, the United Kingdom, and Australia.
What Should Businesses Prepare?
- Vietnam Government Portal, “Regulations on prohibited export and import goods,” baochinhphu.vn, 22 July 2026.
- LuatVietnam, “Decree 292/2026/ND-CP: effective from 5 September 2026,” luatvietnam.vn.
- Office of the United States Trade Representative (USTR), “Fact Sheet: USTR Initiates 60 Section 301 Investigations Relating to Failures to Take Action on Forced Labor,” ustr.gov, March 2026.
- USTR, “USTR Makes Findings and Proposes Action in 60 Section 301 Investigations,” ustr.gov, 2 June 2026.
- European Commission, implementation guidelines for Regulation (EU) 2024/3015 and the Forced Labour Single Portal, June 2026.
- Baker McKenzie, “Australia: New Modern Slavery Offence Proposed,” July 2026.
- Norton Rose Fulbright, “UK Government proposes changes to the Modern Slavery Act,” July 2026.
This article is for informational purposes only and does not substitute for professional legal advice tailored to specific circumstances.