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

Labour Inspection Convention, 1947 (No. 81) - Viet Nam (Ratification: 1994)

The Committee notes the information contained in the Government’s report as well as the attached documents.

Recalling that in accordance with Article 8 of the Convention, both men and women shall be eligible for appointment to the inspection staff and that, where necessary, special duties may be assigned to men and women inspectors respectively, the Committee would be grateful if the Government would indicate, as appropriate, the proportion of women in the total inspection staff and the special duties which may be assigned to them.

The Committee notes that, according to the Government, the difficulties faced by inspectors in the exercise of their duties are caused by the inadequate resources and facilities made available to them (Article 11); the inappropriate nature of their training and qualifications (Article 7); the shortage of inspectors (Article 10) and the impossibility of applying effectively the sanctions which are provided under legislation (Article 18). The Government states that the 322 inspectors working in 1999 under the aegis of the Ministry of Labour, War Disabled and Social Affairs (MOLISA) have 38,000 public and private enterprises and some hundreds of small informal sector enterprises to inspect. Consequently, the frequency of inspections cannot be satisfactory in regard to the requirements of Article 16 and the inspections concentrate as a priority on premises where activities entail high risk factors. The Committee notes that certain categories of inspectors fall within the control of the Ministry of Health. It would be grateful if the Government would supply supplementary information on the total number and distribution geographically and by category of labour inspectors, including those working under the aegis of the Ministry of Health, and to indicate, furthermore, whether measures are taken or envisaged to provide the inspectorate with an adequate number of appropriately qualified staff as well as the material resources needed for it to perform properly the duties incumbent on it.

The Committee notes that the inspection services of only 40 out of the 60 provinces have submitted periodical reports as laid down in Article 19. It also notes the lack of an annual report on the inspection services as prescribed in Articles 20 and 21. Recalling that the abovementioned periodical and annual reports are an essential instrument for appreciating the operation of the inspection services, the Committee requests the Government to take appropriate measures so that, in accordance with the provisions cited above, periodical reports will be submitted regularly to the central authority by the inspection services and an annual report will be published and communicated within the time limits prescribed.