Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

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

Article 3(2) of the Convention. X-ray examination of the lungs forming a mandatory part of the initial medical examination. 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 of persons under 21 years of age, and when regarded as medically necessary, on the occasion of subsequent re examinations. The Committee notes the Government’s information that the provision requiring an X-ray examination of the lungs will be incorporated in the Occupational Safety and Health Law which will be adopted in 2015. The Committee requests the Government to provide information on any progress made in formulating and incorporating the provisions as required under Article 3(2) of the Convention in the Occupational Safety and Health Law. It also requests the Government to supply a copy, once it has been adopted.

Article 4(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. With regard to the provisions of record-keeping of workers between the ages of 18 and 21 years, the Committee had previously noted the Government’s reference 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 a labour book which provides that an employee working under an employment contract shall be issued with a labour book. The Committee had observed that while Part II of the above circular requires information such as full name and address, date of birth, technical qualification, effective date of the employment contract, name of the enterprise, type of contract of the workers to be contained in the labour book, it does not include a certificate of fitness for employment as required by Article 4(4) of the Convention.

The Committee notes the Government’s information that section 6(2) of the revised Labour Code of 2012, requires a personnel management book to be kept in respect of workers and to present them at the request of competent agencies. The Committee notes, however, the Government’s indication that this provision will not be in effect until a decree providing guidelines on the content of the book is developed. The Government further notes the Government’s statement that the Ministry of Labour, Invalids and Social Affairs will incorporate the requirement under Article 4(4) of the Convention into the Decree providing guidelines so as to bring it into conformity with the Convention. The Committee expresses the firm hope that the Decree providing guidelines in respect of the contents of the personnel management book and which will include the certificate of fitness along with other information will be developed in the near future. It requests the Government to provide information on any progress made in this regard.

Part V of the report form. Application of the Convention in practice. The Committee notes the Government’s information that the Convention is applied through implementing the labour laws as well as inspecting the implementation of labour laws. The Committee therefore once again requests the Government to provide information on any infringements recorded relating to the employment of young workers under 21 years of age in underground work, while inspecting the implementation of the labour laws.