Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

Medical Examination of Young Persons (Underground Work) Convention, 1965 (No. 124) - Viet Nam (Ratification: 1994)

The Committee notes the information supplied by the Government in its reports.

The Committee asks the Government to provide information on the following points:

Article 2, paragraph 1, of the Convention.  The Committee asks the Government to indicate whether there are specific measures to ensure that the examination provided for in the national legislation is a thorough examination within the meaning of this Article.

Article 3, paragraph 1.  The Committee notes that section 7(1)(2) of Decree No. 06-CP of 20 January 1995 provides that the examinations must be carried out by a state medical unit, but does not specify whether they are to be carried out under the responsibility and supervision of a qualified physician approved by the competent authority or how they are to be certified in an appropriate manner in accordance with this paragraph of Article 3. Please indicate the measures taken or envisaged to give effect to this provision of the Convention.

Article 3, paragraph 2.  The Committee recalls that the medical examination for admission to employment or work underground and the subsequent re-examinations, if regarded as medically necessary, must comprise an x-ray film of the lungs. It asks the Government to indicate the arrangements made or envisaged to bring the legislation into line with the provisions of the Convention.

Article 4, paragraph 1.  The Committee notes the information provided by the Government in its report that, pursuant to section 195 of the Labour Code, a decree concerning administrative measures for breach of the legislation is being drafted. The Committee recalls that this provision of the Convention requires all necessary measures, including the provision of appropriate sanctions, to be taken by the competent authority to ensure the effective enforcement of the provisions of the Convention. The Committee asks the Government to indicate what measures it has adopted or envisages adopting in order to give effect to this provision of the Convention, and to send the text of the draft legislation referred to in its report as soon as it has been enacted so that the Committee can ascertain to what extent it enables the enforcement of the provisions of the Convention to be monitored.

Article 4, paragraph 4.  The Committee notes that section 119(1) of the Labour Code requires a register to be kept for persons under 18 years of age and not 21 years of age as the Convention requires. However, the Committee understands that there are registers for workers of over 18, as section 119 stipulates that enterprises must keep "separate registers" for young persons.

Furthermore, section 119 of the Labour Code requires the registers to mention periodic medical results. The Committee recalls that according to subparagraph (c), paragraph 4, of Article 4, the register must not contain any medical data.

The Committee therefore asks the Government to provide a copy of the standard register used for young people under the age of 18 and to indicate the measures it has taken or envisages taking to bring its legislation into line with these provisions of the Convention.

Article 4, paragraph 5.  The Committee recalls that, according to this provision of the Convention, the employer must make the registers available to the workers’ representative. It therefore asks the Government to indicate the measures taken or envisaged to give effect to this provision of the Convention.

Article 5.  The Committee notes the information supplied by the Government to the effect that, during the drafting of the Labour Code and Decree No. 06-CP of 20 January 1995, as amended by Decree No. 162/1999/ND-CP of 9 November 1999, the Vietnamese Confederation of Labour and the Vietnamese Union of Small and Medium-sized Enterprise Cooperatives were consulted. It also notes the provisions of section 156 of the Labour Code establishing that the Vietnamese General Confederation of Labour and the unions, at various levels, participate with state bodies and employers’ representatives in discussing and solving industrial relations issues. The Committee recalls, however, that the competent authority must consult the most representative organizations of employers and workers in determining general policies of implementation and adopting regulations in pursuance of the Convention. The Committee therefore asks the Government to inform it of the measures taken to ensure that employers’ and workers’ organizations are consulted in determining general policies of implementation and adopting regulations in pursuance of the Convention.

Part V of the report form.  The Committee asks the Government to provide general information on how the Convention is applied, including extracts of inspection reports, details of the number and nature of infringements recorded, etc.

The Committee notes that certain texts that the Government indicates as giving effect to the provisions of the Convention are not available. It therefore asks the Government to provide copies of Inter-ministerial Order No. 9 TT/LB of 13 April 1995, setting out what is dangerous and prohibited for young workers and, if possible, an English or French version of Decree No. 4 47/L/CTN of 3 April 1996 promulgating the Mining Act of 20 March 1996, so that the Committee can ascertain the conformity of their provisions with those of the Convention.