Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

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 that Law No. 84/2015/QH13 on Occupational Safety and Health was adopted on 25 June 2015. In accordance with section 21(3) of this Law, employers must organize health check-ups for workers before assigning jobs to them and before moving them to more hazardous occupations. Employers must also 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 (section 21(1)). The Committee observed, 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 notes the Government’s information in its report that, according to section 6 of Circular No. 28/2016/TT-BYT, adopted on 30 June 2016 by the Ministry of Health, check-ups for occupational diseases are required for all employees exposed to risk factors and hazards of occupational diseases or working in heavy, harmful or dangerous occupations. Appendix 4 of the Circular specifies the contents of health check-ups, including pre-employment check-ups. According to it, chest radiography is required for workers exposed to various harmful elements, including silica dust, asbestos dust, talcum dust and coal dust.

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 under 21 years of age, the Committee noted 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. However, this provision would not be in effect until a decree providing guidelines on the content of the book is developed. The Government stated that the Ministry of Labour, Invalids and Social Affairs (MOLISA) would 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 notes the Government’s information that, according to section 7(2) of Decree No. 03/2014/ND-CP of 16 January 2014, the health certificate, as prescribed by the Ministry of Health, is one of the mandatory documents in the registration file for recruitment examination, which shall be recorded in the labour management book.

Application of the Convention in practice. The Committee previously noted the Government’s information that the Convention was applied through implementing the labour laws as well as inspecting the implementation of labour laws. The Committee therefore requested the Government to provide information on any infringements recorded relating to the employment of young workers under 21 years of age in underground work.

The Committee notes the Government’s information that, in 2016, the labour inspectors carried out inspection activities at 24 enterprises in different industries. The results showed that all the enterprises inspected have organized regular annual health check-ups for employees and twice a year for employees working in heavy, harmful or dangerous occupations, which covered 98.5 per cent of all their employees (the remaining unexamined employees were either on sick leave or on maternity leave). The Committee also notes the statistical information provided by the Government regarding the health check-ups of employees and the results of occupational disease examinations for the period 2015–16. According to it, respiratory tract diseases are the most common among the occupational diseases diagnosed, accounting for 25.6 per cent. Moreover, 256 cases of violations were detected by the labour inspectors, of which 12 cases were related to occupational chronic bronchitis and 50 cases were related to silicosis. No cases were identified related to coal workers’ pneumoconiosis. The Committee observes that there is no specific information on any infringement regarding the employment of young workers under 21 years of age in underground work. The Committee therefore once again requests the Government to provide specific 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.