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

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

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.

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

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.

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

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.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the Government’s report. It requests the Government to supply information on the following points.

Article 2, paragraph, of the Convention. Medical examination for fitness for employment and periodic re-examinations. Following its previous comments, the Committee notes the Government’s information that according to article 7 of Decree No. 06/CP on Occupational Safety and Hygiene, 1995, all employees, including apprentices and trainees must have their health examined at least once a year, and for employees working in heavy and hazardous jobs medical examination must be provided at least every six months. Section 3.2.1 of Circular No. 13/TT-BYT of 1996 on giving instructions for the administration of occupational health, employees’ health and occupational diseases provides that all employees shall undergo a medical examination at the time of recruitment. The employer shall not recruit workers who have no medical certificate reflecting the state of their health and, based on the results of the medical examination, the health establishments shall propose to the employer that employees be assigned to occupations adapted to their health.

Article 3, paragraph 1. Medical examination by a qualified physician. Following its previous comments, the Committee notes the Government’s information that according to section 3.2.3 of Circular No. 13 of 1996, a medical examination at the time of recruitment and periodic health examinations shall be carried out by state health facilities at district level, and the centre for occupational health at industrial or at higher levels. Further, health-care facilities or health units of the enterprises, where medical facilities and specialists are available, are also entitled to provide a medical examination for their employees. The Committee also notes that according to section 3.1 of Circular No. 14 of 1998 on the implementation of labour protection in enterprises and business premises, every enterprise shall establish a health unit consisting of a medical doctor, and if necessary a pharmacist and an assistant depending on the number of workers and the nature of production and business of the enterprise.

Article 3, paragraph 2. X-ray examination of the lungs. 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, and when regarded as medically necessary, on the occasion of subsequent re-examinations. The Committee notes the Government’s information that Circular No. 13 of 1996 requires the employer to keep a record book on the worker’s health, and that the workers who suffer from chronic diseases shall be monitored, treated and rehabilitated. The Committee recalls that under this Article, an X-ray film of the lungs shall be required during the initial medical examination, and when regarded as medically necessary, on the occasion of subsequent re-examinations. It once again asks the Government to indicate the arrangements made or envisaged to bring the legislation into line with Article 3, paragraph 2, of this Convention.

Article 4, paragraph 1. Penalties. The Committee notes that the breach of provisions concerning occupational safety and health as provided in the Labour Code, are covered by sections 13–18 of Decree No. 38/CP stipulating administrative measures of penalty against breach of labour laws. According to section 14 of this decree, for any breach of the regulations concerning the occupational safety or preventive measures against employment accidents as stipulated in section 102 of the Labour Code, a fine of 100,000 VND (dong) shall be applied.

Article 4, paragraph 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. The Committee notes the Government’s information that the employment of young persons under 18 years in hazardous occupations is prohibited by section 119 of the Labour Code. Moreover, according to Decision No. 915/LDTBXH-QD of 2006, underground work in mines is considered as hazardous work and is therefore prohibited for under 18 year-olds. Hence, record books in respect of young persons under 18 years who are employed in underground work do not exist. With regard to the provisions of record-keeping of workers between the ages of 18 and 21 years, the Government refers 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 labour book which provides that an employee working under an employment contract shall be issued with a labour book. According to Part II of the above circular, a labour book shall consist of the following information in respect of the workers: full name and address, date of birth, technical qualification, effective date of the employment contract, name of the enterprise, type of contract, etc. The Committee observes, however, that the information to be contained in the labour book as per Part II of Circular No. 18 does not include a certificate of fitness for employment. The Committee notes that the Government once again refers to section 119(1) of the Labour Code which requires enterprises to establish separate records, in respect of junior workers under 18 years of age containing the full names, date of birth, current employment positions, and regular health reports. The Committee reminds the Government that the Convention requires that the obligation of keeping records with the above details, including the certificate of fitness, applies not only to persons under 18 years, but also to persons between 18 to 21 years. The Committee once again asks the Government to indicate the measures taken to ensure conformity with the Convention in this respect.

Article 4, paragraph 5. Availability of records to the workers’ representative. The Committee notes that according to section 119 of the Labour Code, the enterprises employing junior workers under the age of 18 years must produce, upon request by the labour inspectors, the records and health reports maintained by the employers in respect of the above workers. It also notes section 189 of the Labour Code which stipulates that when conducting an inspection, the labour inspector must cooperate closely with the executive committee of the trade union.

Article 5. Consultations with the most representative employers’ and workers’ organizations. Following its previous comments, the Committee notes the Government’s information that it had issued Decree No. 145/2004/ND-CP which provides detailed regulations on the participation of the Vietnam General Confederation of Labour (VGCL) and employers’ organizations with state agencies in the formulation and implementation of policies and regulations pertaining to industrial relations. As prescribed by this decree, the following issues shall be consulted with the VGCL and the employers’ organizations: advocacy, direction, and policies relating to labour; amendments, supplementations of labour policies as prescribed by the Labour Code; and administration reform in labour administration.

Part V of the report form. Application of the Convention in practice. The Committee notes the Government’s information that no statistical data are available on the number and nature of infringements recorded and remedied with regard to junior workers engaged in underground work in mines. The Committee once again requests the Government to provide general information on how the Convention is applied, including, for example, extracts of inspection reports, details of the number and nature of infringements recorded relating to the employment of young workers under 21 years of age in underground work.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information supplied by the Government in its report. It asks the Government to provide information on the following points.

Article 2, paragraph 1, of the Convention. The Committee recalls that this article provides for a thorough medical examination, and periodic re-examinations, for fitness for employment to be required for the employment or work underground in mines of persons under 21 years of age. It asks the Government to indicate which provisions of the national legislation establish the modalities of the medical examination, in order to determine if it can be considered as a thorough medical examination in the meaning of this Article.

Article 3, paragraph 1. The Committee recalls that under this Article, the medical examinations provided for in Article 2: (a) shall be carried out under the responsibility and supervision of a qualified physician approved by the competent authority; and (b) shall be certified in an appropriate manner. In its previous direct request, the Committee noted that section 7(1)(2) of Decree No. 06-CP of 20 January 1995 provides that the examinations are to be carried out by a state medical unit, but do not specify whether they are to be carried out under the responsibility and supervision of a qualified physician approved by the competent authority or how they are to be certified in an appropriate manner in accordance with this paragraph of Article 3. The Committee notes that the Government has given no indication in reply to this comment. It therefore asks the Government to indicate the measures it has taken to give effect to this provision of the Convention.

Article 3, paragraph 2. The Committee recalls that under this Article, an X-ray film of the lungs shall be required on the occasion of the initial medical examination and, when regarded as medically necessary, on the occasion of subsequent re-examinations. It again asks the Government to indicate the arrangements made or envisaged to bring the legislation into line with the provisions of the Convention.

Article 4, paragraph 1. In its previous comment, the Committee noted the information provided by the Government in its report that, pursuant to section 195 of the Labour Code, a decree concerning administrative penalties for breach of the labour legislation was being drafted. Having received no information in this respect, the Committee asks the Government to indicate if this decree has been adopted, and,  if so, to provide the ILO with a copy thereof.

Article 4, paragraph 4. The Committee notes that the Government once again refers to section 119(1) of the Labour Code, which requires enterprises employing junior workers, i.e. workers under the age of 18, to establish separate records containing the full names, dates of birth, current employment positions, and regular health reports of the junior workers. The Committee notes that the Government also refers to section 121 of the Labour Code, according to which an employer shall be prohibited from employing junior workers in heavy, dangerous, or toxic works stated in a list issued by the Ministry of Labour, War Invalids and Social Affairs and the Ministry of Health. It notes that, according to the Government, the list includes underground work. It also notes the Government statement that it cannot provide the information requested since it is prohibited to employ junior workers in underground work. However, the Committee wishes once again to recall that this Article of the Convention requires that a register be kept, not only with respect to persons under 18 years of age, but also to persons under 21 years of age. The Committee had understood, in its previous comment, that there were registers for workers of over 18, as section 119 of the Labour Code stipulates that enterprises must keep "separate registers" for young persons. Therefore, the Committee again asks the Government to indicate the provisions of the national legislation providing for registers to be kept with respect to persons aged 18 to 21. The Committee also recalls that according to subparagraph (c), paragraph 4, of Article 4, the register must not contain any medical data. The Committee again asks the Government to indicate the measures taken to bring the national legislation, in particular section 119(1) of the Labour Code, into conformity with these provisions of the Convention. The Committee also once again asks the Government to provide a copy of the standard register used for young people under the age of 18. It finally asks the Government to provide the ILO with a copy of the abovementioned list issued by the Ministry of Labour, War Invalids and Social Affairs and the Ministry of Health.

Article 4, paragraph 5. The Committee recalls that, according to this provision of the Convention, the employer must make the registers available to the workers’ representatives. Having received no reply from the Government on this point, it once again asks the Government to indicate the measures taken or envisaged to give effect to this provision of the Convention.

Article 5. In its previous comment, the Committee noted the information supplied by the Government to the effect that, during the drafting of the Labour Code and Decree No. 06-CP of 20 January 1995, as amended by Decree No. 162/1999/ND-CP of 9 November 1999, the Vietnamese Confederation of Labour and the Vietnamese Union of Small and Medium-sized Enterprise Cooperatives were consulted. It also noted the provisions of section 156 of the Labour Code establishing that the Vietnamese General Confederation of Labour and the unions, at various levels, participate with state bodies and employers’ representatives in discussing and solving industrial relations issues. The Committee recalled, however, that the competent authority should consult the most representative organizations of employers and workers in determining general policies of implementation and adopting regulations in pursuance of the Convention. Having received no information from the Government on this point, the Committee once again asks the Government to inform it of the measures taken to ensure that employers’ and workers’ organizations are consulted in determining general policies of implementation and adopting regulations in pursuance of the Convention.

Part V of the report form. The Committee again requests the Government  to provide general information on how the Convention is applied, including, for example, extracts of inspection reports, details of the number and nature of infringements recorded, etc.

The Committee also once again requests the Government to provide copies, if possible, of an English or French version of Inter-ministerial Order No. 9 TT/LB of 13 April 1995, setting out what is dangerous and prohibited for young workers and of Decree No. 4 47/L/CTN of 3 April 1996 promulgating the Mining Act of 20 March 1996, which, according to the Government, give effect to the provisions of the Convention.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the information supplied by the Government in its reports.

The Committee asks the Government to provide information on the following points:

Article 2, paragraph 1, of the Convention.  The Committee asks the Government to indicate whether there are specific measures to ensure that the examination provided for in the national legislation is a thorough examination within the meaning of this Article.

Article 3, paragraph 1.  The Committee notes that section 7(1)(2) of Decree No. 06-CP of 20 January 1995 provides that the examinations must be carried out by a state medical unit, but does not specify whether they are to be carried out under the responsibility and supervision of a qualified physician approved by the competent authority or how they are to be certified in an appropriate manner in accordance with this paragraph of Article 3. Please indicate the measures taken or envisaged to give effect to this provision of the Convention.

Article 3, paragraph 2.  The Committee recalls that the medical examination for admission to employment or work underground and the subsequent re-examinations, if regarded as medically necessary, must comprise an x-ray film of the lungs. It asks the Government to indicate the arrangements made or envisaged to bring the legislation into line with the provisions of the Convention.

Article 4, paragraph 1.  The Committee notes the information provided by the Government in its report that, pursuant to section 195 of the Labour Code, a decree concerning administrative measures for breach of the legislation is being drafted. The Committee recalls that this provision of the Convention requires all necessary measures, including the provision of appropriate sanctions, to be taken by the competent authority to ensure the effective enforcement of the provisions of the Convention. The Committee asks the Government to indicate what measures it has adopted or envisages adopting in order to give effect to this provision of the Convention, and to send the text of the draft legislation referred to in its report as soon as it has been enacted so that the Committee can ascertain to what extent it enables the enforcement of the provisions of the Convention to be monitored.

Article 4, paragraph 4.  The Committee notes that section 119(1) of the Labour Code requires a register to be kept for persons under 18 years of age and not 21 years of age as the Convention requires. However, the Committee understands that there are registers for workers of over 18, as section 119 stipulates that enterprises must keep "separate registers" for young persons.

Furthermore, section 119 of the Labour Code requires the registers to mention periodic medical results. The Committee recalls that according to subparagraph (c), paragraph 4, of Article 4, the register must not contain any medical data.

The Committee therefore asks the Government to provide a copy of the standard register used for young people under the age of 18 and to indicate the measures it has taken or envisages taking to bring its legislation into line with these provisions of the Convention.

Article 4, paragraph 5.  The Committee recalls that, according to this provision of the Convention, the employer must make the registers available to the workers’ representative. It therefore asks the Government to indicate the measures taken or envisaged to give effect to this provision of the Convention.

Article 5.  The Committee notes the information supplied by the Government to the effect that, during the drafting of the Labour Code and Decree No. 06-CP of 20 January 1995, as amended by Decree No. 162/1999/ND-CP of 9 November 1999, the Vietnamese Confederation of Labour and the Vietnamese Union of Small and Medium-sized Enterprise Cooperatives were consulted. It also notes the provisions of section 156 of the Labour Code establishing that the Vietnamese General Confederation of Labour and the unions, at various levels, participate with state bodies and employers’ representatives in discussing and solving industrial relations issues. The Committee recalls, however, that the competent authority must consult the most representative organizations of employers and workers in determining general policies of implementation and adopting regulations in pursuance of the Convention. The Committee therefore asks the Government to inform it of the measures taken to ensure that employers’ and workers’ organizations are consulted in determining general policies of implementation and adopting regulations in pursuance of the Convention.

Part V of the report form.  The Committee asks the Government to provide general information on how the Convention is applied, including extracts of inspection reports, details of the number and nature of infringements recorded, etc.

The Committee notes that certain texts that the Government indicates as giving effect to the provisions of the Convention are not available. It therefore asks the Government to provide copies of Inter-ministerial Order No. 9 TT/LB of 13 April 1995, setting out what is dangerous and prohibited for young workers and, if possible, an English or French version of Decree No. 4 47/L/CTN of 3 April 1996 promulgating the Mining Act of 20 March 1996, so that the Committee can ascertain the conformity of their provisions with those of the Convention.