Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

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

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

With reference to its observation, the Committee would like to provide further information on the following points.

Article 3(2) of the Convention. Additional functions entrusted to labour inspectors. Conciliation and mediation. The Committee notes that the Government did not reply to its previous comment in this respect and once again reminds it of the primary functions of labour inspectors under Article 3(1) of the Convention, and of the guidance contained in Paragraph 8 of Recommendation No. 81 establishing that “the functions of labour inspectors should not include that of acting as conciliator or arbitrator in proceedings concerning labour disputes”. Taking into account the shortage of resources to which the Government refers in its report, the Committee hopes that the Government will take the necessary measures to ensure that, in accordance with Article 3(2) of the Convention, any duties which may be entrusted to labour inspectors in addition to their primary duties shall not be such as to interfere with the latter.

Article 3. Labour Inspection in Industrial Processing Zones (IPZs). Supervision and monitoring by the central authority. The Committee notes that, according to the Government, labour inspectors in Viet Nam are part of the system of labour inspection agencies in the field of labour, invalidity and social affairs, and that the state inspection agency carries out inspection in IPZs, in accordance with the Law on inspection. The Government also indicates that some departments of labour, invalidity and social affairs (DOLISAs) authorized IPZ management boards to discharge some state tasks in the management of labour and that they have to report to the central industrial zone management agency. The Committee requests the Government to indicate the manner in which IPZ management boards report to the Ministry of Labour, War Invalids and Social Affairs (MOLISA) and to clarify the extent to which they are subject to legally binding guidance given by the MOLISA in the field of labour, including on labour inspection. It also requests the Government to indicate the powers and obligations of IPZ management boards and to indicate the abovementioned state tasks in the management of labour that they discharge.

Article 5(b). Collaboration between officials of the labour inspectorate and employers and workers or their organizations. The Committee notes the information from the Government’s report that a prevention culture is still insufficiently developed in the country and that cooperation programmes between the MOLISA and both the Viet Nam Labour Confederation and the Viet Nam Chamber of Commerce and Industry aim at promoting it. The Committee would be grateful if the Government would provide information on the arrangements made for collaboration between the labour inspection services and employers’ and workers’ organizations, and on their impact on improving conditions of work and the level of protection of workers while engaged in their work. It refers in this respect to the guidance contained in Part II of Recommendation No. 81 on collaboration of employers and workers as regards safety and health.

Articles 12(1)(a) and 16. Inspection methods. 1. Inspection visits. The Committee notes that, according to the Government, the MOLISA prepares inspection programmes on the basis of an assessment of past inspection activities and that, pursuant to article 36 of the Law on Inspection, inspection activities shall be conducted only when inspection decisions are issued. The Government indicates that inspection decisions are based on: inspection programmes; requests of heads of state management agencies; detection of law violations; and the need to deal with complaints and to prevent and combat corruption. The Committee also notes the information that Decree No. 61/1998/ND-CP of 15 August 1998 and some of the provisions of Directive No. 22/2001/CT/TTg of 11 September 2001 expired, and that the process and method for conducting labour inspection are regulated by Decree No. 86/2011/ND-CP and Decree No. 07/2012/ND-CP. The Committee requests the Government to indicate the specific provisions of the Decree No. 07/2012/ND-CP giving effect to the abovementioned articles of the Convention and to communicate a copy of the text, if possible in one of the working languages of the ILO. Furthermore, the Committee once again requests it to provide information on inspections visits carried out without giving advance notice and on the nature of the problems addressed during unannounced visits.

2. Self-inspection and self-assessment. The Committee notes that, according to the Government, the use of self-inspection questionnaires is a solution to increases the number of inspections and enhance the effectiveness of inspections. However, the Committee notes from the Government’s report that, between 2005 and 2012, the reply rate to self-inspection questionnaires decreased from 59.9 per cent to 32.98 per cent and that, according to the Government, sanctions have not been imposed on enterprises that did not report. Furthermore, the Committee notes that during the same period, the number of violations detected increased from 4,556 to 30,108, whereas the number of recommendations decreased from 8,946 to 4,606 and the number of sanction was in 2012 at the same level as in 2005. The Committee requests the Government to explain the reasons for these trends and the measures taken to address them. It also once again requests the Government to provide statistical information on the nature of labour law violations identified, contents of advice given by labour inspectors, preventive measures ordered (including measures with immediate executory force in the event of imminent danger to the health or safety of the workers), sanctions imposed and legal proceedings instituted. Finally, the Committee requests the Government to indicate any functions performed by labour inspectors on the following up on violations when planning inspection visits.

Article 14. Notification of industrial accidents and cases of occupational disease and preventive function of labour inspection. The Government reiterates that only serious occupational accidents and diseases are reported to the MOLISA. Referring to paragraph 118 of its 2006 General Survey on labour inspection, the Committee reminds the Government of the importance of the notification to labour inspectors of industrial accidents and cases of occupational disease, to provide them with the necessary information to identify high-risk activities and the most vulnerable categories of workers and to carry out research into the causes of occupational accidents and diseases in establishments and enterprises liable to inspection. The Committee requests the Government to provide statistical information on the number of cases of industrial accidents and cases of occupational disease, and to take the necessary measures to ensure that the labour inspectorate is notified of industrial accidents and cases of occupational disease, regardless of their seriousness.

Articles 17 and 18. Adequate penalties. The Committee notes from the Government’s report that Chapter XVI of Law No. 10/2012/QH13 instituting the Labour Code and Law No. 15/2012/QH13 on the Handling of Administrative Violations establish sanctions against labour law violations, and that, pursuant to Law No. 15/2012/QH13, fines for administrative violations are determined as a percentage of the prescribed ceiling. The Committee also notes the information from the Government’s report that a Decree on the sanctioning of administrative violations in the field of labour has been submitted to the Government and that, during the preparation of reports on implementation of the Penal Code, the MOLISA proposed a number of labour law violations for which criminal prosecution may be considered. The Committee requests the Government to keep the Office informed of the legislative developments in this respect. It also requests the Government to indicate the penalties for obstructing labour inspectors in the performance of their duties, and to provide statistical information on the number and type of violations reported and sanctions imposed, as well as the number of legal proceedings instituted or recommended by labour inspectors, if any.