Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

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 previously noted the Government’s information that the provision requiring an X-ray examination of the lungs, in accordance with Article 3(2) of the Convention, would be incorporated in the Occupational Safety and Health Law which would be adopted in 2015.

The Committee notes with interest that Law No. 84/2015/QH13 on Occupational Safety and Health was adopted on 25 June 2015. The Committee notes that, in accordance with section 21(1) of this Law, employers must provide a health check-up for workers at least once a year, and once every six months for workers performing heavy, toxic, or hazardous work or occupations, as well as for minor workers. Employers must organize health check-ups for workers before assigning jobs to them and before moving them to more hazardous occupations (section 21(3)). The Law also provides that female workers must get obstetric care, and people working in the environment where there are factors likely to cause occupational diseases must receive medical examination for detection of these diseases (section 21(2)).

The Committee observes, however, that the Law does not specify whether employment or work underground in mines constitutes an “environment where there are factors likely to cause occupational diseases”, for which workers must receive an initial medical examination that would include an X-ray of the lungs. The Committee reminds the Government that by virtue of Article 3(2) of the Convention, an X-ray film of the lungs shall be required on the occasion of the initial medical examination and, when regarded as necessary, during subsequent re-examinations for employment or work underground in mines of persons under 21 years of age. The Committee therefore requests the Government to indicate whether any decree or legislative text adopted pursuant to section 21 of the Law on Occupational Safety and Health requires the X-ray examination of the lungs for the employment or work underground in mines of persons under 21 years of age.

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 initially made in 2012. The Committee also notes that the Government has been requested to provide information to the Committee on the Application of Standards at the 106th Session of the International Labour Conference for failure to supply reports and information on the application of ratified Conventions.

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.

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.