Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

Hygiene (Commerce and Offices) Convention, 1964 (No. 120) - Viet Nam (Ratification: 1994)

The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

While taking note of the Government’s indication that the legislation related to the application of the Convention remains unchanged, the Committee draws the Government’s attention to the following points requiring additional information.

1. Articles 7, 12, 14, 16 and 19 of the Convention. The Committee notes the Government’s indication that it had adopted regulations, such as Decree No. 06/CP of 20 January 1995, giving guidelines for the implementation of the respective provisions of the Labour Code on occupational safety and health. In this respect, the Committee ventures to point out that the above Decree does not ensure full application of the general principles set forth in Part II of the Convention, for it does not contain specific provisions giving effect to the provisions of Articles 7, 12, 14, 16 and 19 of the Convention. The Committee therefore requests the Government to take the necessary measures to give effect to these provisions of the Convention. It requests the Government to keep the Office informed on any progress achieved in this respect.

2. Articles 13 and 15. The Committee notes the Government’s indication that, although article 116(1) of the Labour Code provides for shower facilities, toilets and changing rooms at workplaces where female workers are employed, the male workers are not excluded from their use, and that indeed the sanitary conveniences are subject to common utilization by both male and female workers. The Committee, taking note of this information, invites the Government to consider the possibility of amending article 116(1) of the Labour Code in order to ensure its applicability as well to male workers, in accordance with the Government’s above interpretation.

3. Articles 8, 9, 10 and 18. The Committee notes the Government’s indication that legal documents have been promulgated which give guidelines with regard to the application of article 97 of the Labour Code, according to which the employer must ensure that the workplace satisfies the requirements of, inter alia, ventilation, lighting, temperature and health standards concerning noise and vibration. The Committee requests the Government to specify the legal documents providing for guidelines on the application of article 97 of the Labour Code, and to transmit a copy of them for further examination.

4. Article 6, paragraph 1, read together with Part IV of the report form. The Committee notes the Government’s indication that inspection on occupational safety and health matters, which was previously assigned to the Ministry of Health (MOH), has been transferred to the Ministry of Labour, Invalids and Social Affairs, in order to strengthen and facilitate the execution of the functions of the State Labour Inspection provided for in articles 185 and 186 of the Labour Code, as amended in 2002. To this effect, the Occupational Safety and Health Inspectorate is currently being established, which will be the focal point for dealing with inspections carried out on occupational safety and health aspects. The Committee, taking due note of this information, invites the Government to supply supplementary information on the organization and working of the inspection services responsible for supervising the proper application of legislation in the field of occupational safety and health.