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Responsible Business Practices and Human Rights Due Diligence Guidelines

Develop responsible business practices and human rights due diligence for businesses and their supply chain following expectations set by major economies like Japan. Understand international trends, key legislations, and the importance of knowing the UN Guiding Principles. The document covers various national laws, regulations, and upcoming directives related to corporate sustainability and human rights due diligence. It emphasizes the need for businesses to take proactive measures to address modern slavery, child labor, conflict minerals, and other human rights issues in their operations and supply chains.

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Responsible Business Practices and Human Rights Due Diligence Guidelines

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  1. RESPONSIBLE BUSINESS PRACTICES AND HUMAN RIGHTS DUE DILIGENCE FOR BUSINESSES AND THEIR SUPPLY CHAIN Developed by UNDP Viet Nam in cooperation with National Economics University With the support of the Japanese Government This document was developed based on the following two documents: 1. Human Rights Due Diligence Training Facilitation Guide at https://bit.ly/3tV9rVa 2. The Human Rights Self-Assessment (HRSA) Training Tool at https://hrdd-assessment.org/

  2. SECTION 1b EXPECTATIONS SET BY JAPAN AND OTHER MAJOR ECONOMIES ABOUT RESPONSIBLE BUSINESS (RB)

  3. Purpose of session Expectations set by Japan and other major economies about responsible business Understand why we should know UNGPs for your business. 1 2 Understand international developed countries (trend) 3 Understand next action after the training Know Business and Human Rights as tool for good business, and this programme will not blame for companies and criticizing their operation 4 RBP Viet Nam Responsible Business Practices in Viet Nam

  4. 2023 EU: Directive on corporate sustainability due diligence (draft) 2021 Norway: Transparency Act (including new human rights due diligence obligations) 2010 US: Dodd-Frank Act (conflict minerals) 2019 EU Conflict Minerals Regulations 2023 Mônglia: NAP launched 2015 UK: Modern Slavery Act 2019 Dutch: Child Labor Due Diligence 2017 France: Duty of Vigilance Law (2017) 2021 Germany: Act on Corporate Due Diligence in Supply Chains 2010 US: California Transparency in Supply Chains Act 2020 Japan: NAP launched 2019 Thailand: NAP launched 2023 Vietnam: NAP launched 2015 Columbia NAP launched 2019 India: NAP on CSR 2017 Chile: NAP launched 2018 Australia: Modern Slavery Act Malaysia: drafting NAP 2023 Indonesia: NAP launched RBP Viet Nam Responsible Business Practices in Viet Nam

  5. What are HRDD legislations and expectations set by major economies? Act on Corporate Due Diligence in Supply Chains (2021) Modern Slavery Act (2015) Duty of Vigilance Law (2017) Legislation National workforce of 5000+ (incld. its own and its subsidiaries in France) or international workforce of 10,000+ incld. Its own and of its subsidiaries in France and abroad) Company based 3000+ employee; the threshold will be 1,000 from 2024 or foreign Germany branch having Target company size Company doing business in the UK and having the global annual turnover of 36 million £ or higher in HRDD (take actions on modern slavery in its operations and supply chain) published an annual statement Develop vigilance plan and bear civil liability for damages caused by its failure to conduct the duty HRDD, Government, facing administrative sanction .etc reporting the result to Obligation CSO, Businesses and Investors are calling on government to introduce HRDD law. Situation / Progress In effect from January 2023 Enforced RBP Viet Nam Responsible Business Practices in Viet Nam

  6. The upcoming EU Corporate Sustainability Due Diligence Directive (CS3D) EU based (including financial sector): Non-EU-based (including the financial sector) • A company or a parent company having 1000+ employees and net • A Companies or parent companies that have a net turnover of worldwide turnover of 450 million EUR 450 million EUR in EU - Franchising/licensing company with royalty of 22.5 millions and turnover • -Franchising/licensing company with royalty of 22.5 millions Governance scope of 80 million EUR and turnover of 80 million EUR in EU Stage of application:  03 years 5000 employees and 1500 million EUR  04 year: 3000 employees and 900 million EUR  05 years: 1000 employees and 450 million EUR (as normal) Substantive scope The impact of business activities on human rights and the environment, • HRED (CSDD) is risk-based and integrated in management system, with respect to their own operation and business partners related to their chain of activities (both upstream and downstream) • Carry out meaningful engagement with affected stakeholders Obligation • Support SMEs that the company has a business relationship with • Provide grievance mechanisms • Publish CSDD report annually case of non-compliance, being liable for damages and sanctions (up to 5% of worldwide turnover) Legislative status In the legislative process (2024) Note: this table is upon the draft’ published on 15 March 2024) RBP Viet Nam Responsible Business Practices in Viet Nam

  7. Japan NAP on Business and Human Rights and Guidelines for Rights in Responsible Supply Chain and its implications to Japanese companies and their supply chains in Viet Nam? Respecting Human RBP Viet Nam Responsible Business Practices in Viet Nam

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  9. The purpose of the guidelines Bridging the gap 1 To help deepen understanding of HRDD in line with the UNGPs. 2 To explain the activities which business enterprises are requested to address by the UNGPs, and other relevant international human rights standards. 3 To provide concrete and detailed explanations which can be easily understood by companies. RBP Viet Nam Responsible Business Practices in Viet Nam

  10. The overview of the Guidelines • Target business enterprises: All business enterprises in Japan regardless of the size, sector and other factors • Scope of “human rights”: Internationally recognized human rights: International Bill of Human Rights and ILO Declaration on Fundamental Principles and Rights at Work, at a minimum • Approach to efforts to respect human rights • Management’s commitment by establishing human rights policy • Identification and assessment of potential and actual adverse impacts by any business activities throughout their supply chains • Addressing adverse impacts based on the prioritization reflecting severity and probability followed by tracking and communication • Cooperation with other business enterprises Responsible Business Practices in Viet Nam RBP Viet Nam

  11. Example • Vulnerable stakeholders Example: When providing a loan to an operation that can cause an adverse impact on the human rights of indigenous people (e.g, land development requiring relocation ò indigenous people), confirm the measures of the planned loan destination to prevent or mitigate adverse impacts, and implement an on-site inspection by a specialized department of a business enterprise . • Collection of the relevant information Example: Through dialogues with NGOs, check information on the actions of material supplier candidates, such as seizure of land of indigenous people in relation to the materials. • Measurements to address adverse Example: Despite explicit prohibition by la, a business enterprise retained passports of technical intern trainees and concluded contracts to manage their savings; because this practice was discovered, the business enterprise checked for such practices in its other departments as well as its suppliers, informing them of the illegality of such practices and demanded their termination. RBP Viet Nam Responsible Business Practices in Viet Nam

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  14. Wrap-up and next steps Currently, Japan is making bigger effort for B+HR arena, so understanding of B+HR is important to every Japanese company You are attending the training and get knowledge, next is to set your smartphone to provide news and article via google alert and so on! Internal communication with your colleagues is very important. You can hold study session in your company after the training! EU countries are adopting law and starting enforcement, if you are in their supply chain, “innocence” must be risk RBP Viet Nam RBP Viet Nam Responsible Business Practices in Viet Nam

  15. AUTHORS Ms. Nguyen Ngoc Hien Email: Hiennn@neu.edu.vn Mr. Nguyen Van Huan Email: nguyen.van.huan@undp.org Mr. Le Quang Canh Email: canh@neu.edu.vn Mr. Yuji Shinohara Email: Yuji.shinohara@undp.org Main author Ms. Do Nguyet Ha Email: do.nguyet.ha@undp.org Design and layout the training document Nguyễn Ngọc Hiên - hiennn@neu.edu.vnRBP Viet Nam Thực hành kinh doanh có trách nhiệm ở Việt Nam

  16. UNITED NATIONS DEVELOPMENT PROGRAMME INSTITUTE FOR SUSTAINABLE DEVELOPMENT Venue: 304 Kim Ma, Ba Dinh, Hanoi Phone: (+84 4) 38 500100 Fax: (84-4) 37265520 Email: registry.vn@undp.org Venue: Room 1503, A1 building, National Economics University, 207 Giai Phong, Hanoi. Phone: (84) 24.36280280/6550; 6551 Email: isd@neu.edu.vn Responsible Business Practices in Viet Nam RBP Viet Nam Nguyen Ngoc Hien - hiennn@neu.edu.vn

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