Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

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

Follow-up to the labour inspection needs assessment of 2012. The Committee notes with interest that, in reply to its comment concerning the follow-up to the labour inspection audit conducted by the ILO in 2012, the Government indicates that, to set up an advanced labour inspection system which fully meets the requirements of the Convention, the Ministry of Labour, War Invalids and Social Affairs (in collaboration with the ministries concerned) has developed the plan “Strengthening the inspection capacity in the field of labour, invalids and social affairs until 2020” (the MOLISA plan), which has been submitted to the Prime Minister for consideration and approval. The Committee requests the Government to provide a copy of this plan once approved, if possible in one of the ILO’s working languages, and to keep the Office informed of progress made or any difficulties encountered in its implementation.

Articles 10 and 11 of the Convention. Resources available to the labour inspectorate. The Committee notes that, according to the Government, human resources and material means and facilities of the labour inspectorate are inadequate, and that the inadequacy of material means particularly affects occupational safety and health inspection. The Committee notes that the Government indicates that the MOLISA plan contains important measures to improve facilities for labour inspection across the country. In addition, the Government indicates that the use of self-inspection questionnaires is a solution to address the shortage of human and financial resources. In this respect, the Committee once again reminds the Government that self-inspection and self-assessment should be complementary to, and not replace labour inspections. The Committee requests the Government to continue to take the necessary measures, if necessary with financial assistance to be sought in the context of international cooperation, to ensure that the labour inspectorate is provided with the necessary resources for the effective discharge of its duties, and to keep the Office informed of any development in this respect.

Articles 5(a), 20 and 21. Publication of an annual inspection report. The Committee notes that no annual report on the activities of the labour inspection services has been transmitted to the Office. Referring to its previous comments and to its general observations of 2009 and 2010, the Committee once again asks the Government to indicate the measures taken to promote inter-institutional cooperation for the establishment of a register of workplaces liable to inspection and the workers employed therein, with a view to ensuring the fulfilment by the central inspection authority of its obligation to publish and transmit to the ILO an annual report in accordance with Articles 20 and 21 of the Convention. It also once again requests the Government to indicate the formal steps taken in order to obtain ILO technical assistance in this respect.

The Committee is raising other points in a request addressed directly to the Government.