Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

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

The Committee notes the Government’s report. It requests the Government to supply information on the following points.

Article 2, paragraph, of the Convention. Medical examination for fitness for employment and periodic re-examinations. Following its previous comments, the Committee notes the Government’s information that according to article 7 of Decree No. 06/CP on Occupational Safety and Hygiene, 1995, all employees, including apprentices and trainees must have their health examined at least once a year, and for employees working in heavy and hazardous jobs medical examination must be provided at least every six months. Section 3.2.1 of Circular No. 13/TT-BYT of 1996 on giving instructions for the administration of occupational health, employees’ health and occupational diseases provides that all employees shall undergo a medical examination at the time of recruitment. The employer shall not recruit workers who have no medical certificate reflecting the state of their health and, based on the results of the medical examination, the health establishments shall propose to the employer that employees be assigned to occupations adapted to their health.

Article 3, paragraph 1. Medical examination by a qualified physician. Following its previous comments, the Committee notes the Government’s information that according to section 3.2.3 of Circular No. 13 of 1996, a medical examination at the time of recruitment and periodic health examinations shall be carried out by state health facilities at district level, and the centre for occupational health at industrial or at higher levels. Further, health-care facilities or health units of the enterprises, where medical facilities and specialists are available, are also entitled to provide a medical examination for their employees. The Committee also notes that according to section 3.1 of Circular No. 14 of 1998 on the implementation of labour protection in enterprises and business premises, every enterprise shall establish a health unit consisting of a medical doctor, and if necessary a pharmacist and an assistant depending on the number of workers and the nature of production and business of the enterprise.

Article 3, paragraph 2. X-ray examination of the lungs. The Committee had repeatedly requested the Government to indicate the measures taken to incorporate in its legislation a provision requiring an X-ray film of the lungs on the occasion of the initial medical examination, and when regarded as medically necessary, on the occasion of subsequent re-examinations. The Committee notes the Government’s information that Circular No. 13 of 1996 requires the employer to keep a record book on the worker’s health, and that the workers who suffer from chronic diseases shall be monitored, treated and rehabilitated. The Committee recalls that under this Article, an X-ray film of the lungs shall be required during the initial medical examination, and when regarded as medically necessary, on the occasion of subsequent re-examinations. It once again asks the Government to indicate the arrangements made or envisaged to bring the legislation into line with Article 3, paragraph 2, of this Convention.

Article 4, paragraph 1. Penalties. The Committee notes that the breach of provisions concerning occupational safety and health as provided in the Labour Code, are covered by sections 13–18 of Decree No. 38/CP stipulating administrative measures of penalty against breach of labour laws. According to section 14 of this decree, for any breach of the regulations concerning the occupational safety or preventive measures against employment accidents as stipulated in section 102 of the Labour Code, a fine of 100,000 VND (dong) shall be applied.

Article 4, paragraph 4. Employer’s obligation to keep records containing specific information in respect of persons under 21 years of age at the disposal of labour inspectors. The Committee notes the Government’s information that the employment of young persons under 18 years in hazardous occupations is prohibited by section 119 of the Labour Code. Moreover, according to Decision No. 915/LDTBXH-QD of 2006, underground work in mines is considered as hazardous work and is therefore prohibited for under 18 year-olds. Hence, record books in respect of young persons under 18 years who are employed in underground work do not exist. With regard to the provisions of record-keeping of workers between the ages of 18 and 21 years, the Government refers to section 183 of the Labour Code, and section 2 of Circular No. 18/LDTBXH-TT giving instructions on the issuance, management and use of labour book which provides that an employee working under an employment contract shall be issued with a labour book. According to Part II of the above circular, a labour book shall consist of the following information in respect of the workers: full name and address, date of birth, technical qualification, effective date of the employment contract, name of the enterprise, type of contract, etc. The Committee observes, however, that the information to be contained in the labour book as per Part II of Circular No. 18 does not include a certificate of fitness for employment. The Committee notes that the Government once again refers to section 119(1) of the Labour Code which requires enterprises to establish separate records, in respect of junior workers under 18 years of age containing the full names, date of birth, current employment positions, and regular health reports. The Committee reminds the Government that the Convention requires that the obligation of keeping records with the above details, including the certificate of fitness, applies not only to persons under 18 years, but also to persons between 18 to 21 years. The Committee once again asks the Government to indicate the measures taken to ensure conformity with the Convention in this respect.

Article 4, paragraph 5. Availability of records to the workers’ representative. The Committee notes that according to section 119 of the Labour Code, the enterprises employing junior workers under the age of 18 years must produce, upon request by the labour inspectors, the records and health reports maintained by the employers in respect of the above workers. It also notes section 189 of the Labour Code which stipulates that when conducting an inspection, the labour inspector must cooperate closely with the executive committee of the trade union.

Article 5. Consultations with the most representative employers’ and workers’ organizations. Following its previous comments, the Committee notes the Government’s information that it had issued Decree No. 145/2004/ND-CP which provides detailed regulations on the participation of the Vietnam General Confederation of Labour (VGCL) and employers’ organizations with state agencies in the formulation and implementation of policies and regulations pertaining to industrial relations. As prescribed by this decree, the following issues shall be consulted with the VGCL and the employers’ organizations: advocacy, direction, and policies relating to labour; amendments, supplementations of labour policies as prescribed by the Labour Code; and administration reform in labour administration.

Part V of the report form. Application of the Convention in practice. The Committee notes the Government’s information that no statistical data are available on the number and nature of infringements recorded and remedied with regard to junior workers engaged in underground work in mines. The Committee once 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 relating to the employment of young workers under 21 years of age in underground work.