Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

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 report. It asks the Government to provide information on the following points.

Article 2, paragraph 1, of the Convention. The Committee recalls that this article provides for a thorough medical examination, and periodic re-examinations, for fitness for employment to be required for the employment or work underground in mines of persons under 21 years of age. It asks the Government to indicate which provisions of the national legislation establish the modalities of the medical examination, in order to determine if it can be considered as a thorough medical examination in the meaning of this Article.

Article 3, paragraph 1. The Committee recalls that under this Article, the medical examinations provided for in Article 2: (a) shall be carried out under the responsibility and supervision of a qualified physician approved by the competent authority; and (b) shall be certified in an appropriate manner. In its previous direct request, the Committee noted that section 7(1)(2) of Decree No. 06-CP of 20 January 1995 provides that the examinations are to be carried out by a state medical unit, but do 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. The Committee notes that the Government has given no indication in reply to this comment. It therefore asks the Government to indicate the measures it has taken to give effect to this provision of the Convention.

Article 3, paragraph 2. The Committee recalls that under this Article, an X-ray film of the lungs shall be required on the occasion of the initial medical examination and, when regarded as medically necessary, on the occasion of subsequent re-examinations. It again 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. In its previous comment, the Committee noted the information provided by the Government in its report that, pursuant to section 195 of the Labour Code, a decree concerning administrative penalties for breach of the labour legislation was being drafted. Having received no information in this respect, the Committee asks the Government to indicate if this decree has been adopted, and,  if so, to provide the ILO with a copy thereof.

Article 4, paragraph 4. The Committee notes that the Government once again refers to section 119(1) of the Labour Code, which requires enterprises employing junior workers, i.e. workers under the age of 18, to establish separate records containing the full names, dates of birth, current employment positions, and regular health reports of the junior workers. The Committee notes that the Government also refers to section 121 of the Labour Code, according to which an employer shall be prohibited from employing junior workers in heavy, dangerous, or toxic works stated in a list issued by the Ministry of Labour, War Invalids and Social Affairs and the Ministry of Health. It notes that, according to the Government, the list includes underground work. It also notes the Government statement that it cannot provide the information requested since it is prohibited to employ junior workers in underground work. However, the Committee wishes once again to recall that this Article of the Convention requires that a register be kept, not only with respect to persons under 18 years of age, but also to persons under 21 years of age. The Committee had understood, in its previous comment, that there were registers for workers of over 18, as section 119 of the Labour Code stipulates that enterprises must keep "separate registers" for young persons. Therefore, the Committee again asks the Government to indicate the provisions of the national legislation providing for registers to be kept with respect to persons aged 18 to 21. The Committee also recalls that according to subparagraph (c), paragraph 4, of Article 4, the register must not contain any medical data. The Committee again asks the Government to indicate the measures taken to bring the national legislation, in particular section 119(1) of the Labour Code, into conformity with these provisions of the Convention. The Committee also once again asks the Government to provide a copy of the standard register used for young people under the age of 18. It finally asks the Government to provide the ILO with a copy of the abovementioned list issued by the Ministry of Labour, War Invalids and Social Affairs and the Ministry of Health.

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’ representatives. Having received no reply from the Government on this point, it once again asks the Government to indicate the measures taken or envisaged to give effect to this provision of the Convention.

Article 5. In its previous comment, the Committee noted 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 noted 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 recalled, however, that the competent authority should consult the most representative organizations of employers and workers in determining general policies of implementation and adopting regulations in pursuance of the Convention. Having received no information from the Government on this point, the Committee once again 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 again requests the Government  to provide general information on how the Convention is applied, including, for example, extracts of inspection reports, details of the number and nature of infringements recorded, etc.

The Committee also once again requests the Government to provide copies, if possible, of an English or French version of Inter-ministerial Order No. 9 TT/LB of 13 April 1995, setting out what is dangerous and prohibited for young workers and of Decree No. 4 47/L/CTN of 3 April 1996 promulgating the Mining Act of 20 March 1996, which, according to the Government, give effect to the provisions of the Convention.