Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

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

The Committee notes the observations of the Viet Nam General Confederation of Labour (VGCL) transmitted with the Government report.

Article 3(2) of the Convention. Additional functions entrusted to labour inspectors. The Committee notes that, in reply to its previous request, the Government indicates in its report that inspectors of the Departments of Labour, Invalids and Social Affairs (DOLISA) spend from 20 to 40 per cent of their time and about 50 per cent of their human resources on inspections concerning labour, occupational safety and health (OSH), and social insurance. The Committee also notes the Government’s indication that, since 2019, inspectors under Ministry of Labour, Invalids and Social Affairs (MOLISA) have not been involved in settling of complaints and denunciations. The Committee requests the Government to provide information on the additional tasks performed by DOLISA inspectors in the portion of time (60 to 80 per cent) which is not spent on labour-related inspections. It also requests the Government to take the measures necessary 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 effective discharge of those primary duties, and to explain how such non-interference is monitored and assured.

Articles 5(a) and 16. Inspections as often and as thoroughly as necessary. Self-inspection and self-assessment. Annual inspection plans. In reply to the Committee previous comment, the Government indicates that with the enforcement of the Directive of the Prime Minister No. 20/CT-TTg dated 17 May 2017 regarding the Reorganization of Inspection and Examination Activities for Enterprises, the number, frequency, areas and scope of inspections follow approved plans and inspections have clearer purposes and focus. The Committee also notes that the VGCL indicates that in practice, besides the positive impacts, the implementation of the Directive has also affected and reduced the frequency and number of inspections. It also indicates that there are situations where trade unions report violations by enterprises, but inspections are not conducted for a long time. The Committee requests the Government to provide its comments in this respect.

The Committee further notes that section 56(2) of the 2022 Law on Inspection, which entered into force in July 2023, provides that re-inspections can occur only after two years from the date of signing of the inspection conclusions. The Committee observes once again that restrictions on the frequency and scope of inspections could pose limitations on the ability of labour inspectors to inspect workplaces as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions, in accordance with Article 16. The Committee also notes the Government’s information regarding the number of scheduled inspections conducted by MOLISA inspectors since 2019 (736 enterprises and employers and 23 groups/corporations with 273 member companies and affiliates), the number of enterprises inspected by the MOLISA Department of Labour Safety on OSH matters (51 enterprises in 2020, 43 in 2021, 39 in 2022 and 23 in the first half of 2023), and the number of inspections conducted by DOLISA since 2019 (5,841 scheduled inspections and 161 unscheduled inspections). The Government also refers to specific inspection campaigns that were launched in addition to regular inspections, such as in the wood processing industry, construction and insurance operations. With regard to the overlapping mandate and functions of inspection bodies, the Government indicates that, while in 2019, 32 inspections by MOLISA were not carried out as planned due to such overlap, since 2020, under the Directive No. 20/CT-TTg, the MOLISA inspectorate has reviewed and cross-checked inspection targets and purposes with other agencies to avoid overlaps in inspection. With regard to the DOLISA inspections the overlaps were reduced to 13 cases. The Committee also notes that the 2022 Law on Inspections contains detailed provisions for the resolution of overlaps between different inspection bodies. The Committee once again requests the Government to adopt the necessary measures to ensure that workplaces are inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions. In particular, the Committee requests the Government to take the necessary measures to ensure that there are no limitations to re-inspections. Moreover, the Committee requests that the Government continue to provide statistics on conducted inspection visits, disaggregated by year, sector and by inspection type (inspections performed according to inspection plans, regular inspections or ad hoc inspections). It also requests the Government to continue to provide information on the inspection activities of the MOLISA and DOLISA inspectorates that were not carried out due to overlapping in functions and mandate with other inspection bodies.

Lastly, with regard to self-inspections, the Government refers to Circular No. 17/2018/TT-BLDTBXH on self-inspection of compliance with the labour law. It indicates that DOLISA inspectors can help enterprises register for an account and report their results of self-inspection online. These results will be evaluated in order to formulate recommendations to enterprises and to develop inspection plans to be submitted to competent authorities for approval. The Government indicates that since 2019, the number of enterprises having registered accounts was 15,327, but that only 10,410 enterprises have reported online. For enterprises that do not perform self-inspection, MOLISA and DOLISA inspectors will collect their details and include some of them in their inspection plans in the following years. The Government also refers to the revision of regulations to ensure that sanctions are adequate to facilitate enforcement. The Committee requests the Government to indicate the number of enterprises that failed to submit the self-inspection report and were later included in inspection plans, as well as the number of enterprises that failed to submit their self-inspection report and subsequently were not included in inspection plans. Recalling once again that self-inspection and self-assessment should be complementary to, and not replace, labour inspection, the Committee requests the Government to continue to provide information on the measures taken to ensure compliance with self-inspection obligations, including revision of sanctions.

Articles 5(a), 20 and 21. Publication of an annual inspection report. In reply to the Committee’s previous comment, the Government indicates that the annual review report by the MOLISA inspectorate is prepared and publicly announced on the MOLISA website. The Committee notes that no hyperlink to the report was provided and that the labour inspection report has not been transmitted to the ILO. The Government further indicates that MOLISA will work with the ILO Office in Hanoi to ensure that this annual report will be prepared in accordance with the Convention and sent to the ILO on time. The Committee once again requests the Government to pursue all efforts to ensure that the annual report of the labour inspectorate is published and transmitted to the ILO in the near future, in accordance with Article 20 of the Convention, and that this annual report contains information on all the subjects listed under Article 21.

Articles 10 and 11. Resources available to the labour inspectorate. Further to its previous comments, the Committee notes the Government’s indication that there are currently 55 MOLISA inspectors (69 reported in 2020) and 379 DOLISA inspectors (395 reported in 2020). With regard to the material resources and the implementation of the provisions of the Circular No. 16/2019/TT-BLDTBXH, the Government indicates that all MOLISA inspectors are provided with desktop computers and internet connection while DOLISA inspectors are equipped with 357 desktop computers and 161 laptops. However, the Government indicates that at present, DOLISA inspectors are not fully provided with a number of specialized equipment such as cameras, recorders, dust measuring devices, vibration meters, light intensity meters or ultrasonic material thickness meters. The Committee also notes that section 113 of the 2022 Law on Inspection provides that the State shall adopt policies to invest in and develop science and technology and other means to facilitate the organization and operation of agencies performing the inspection function; develop a database to serve inspection work; apply information technology and digital technology in inspection activities; and set inspection standards to ensure quality, efficient, feasible, lawful, public and transparent inspection activities. The Committee requests the Government to continue to provide information on the measures adopted in order to ensure that the labour inspectorate has sufficient human and material resources for the effective discharge of its duties, including the provision of specialized equipment. The Committee also requests the Government to indicate the measures adopted to give effect to the provision of section 113 of the 2022 Law on Inspection.

Article 12. Inspection visits and powers of labour inspectors. The Committee notes the Government’s indication that the inspected entities receive advance notice for all inspections conducted. It also notes that section 63 of the 2022 Law on Inspection provides that the heads of inspection teams shall send notices of announcement of inspection decisions to inspected subjects. Such notice must clearly state the inspection place, time and participants. The Committee further notes that according to section 59 (3) and (4) of the same law, for a scheduled inspection, the inspection decision shall be sent to the inspected subject and announced at least 15 days before the date of direct inspection. For an unscheduled inspection, the inspection decision shall be sent to the inspected subject and announced before the direct inspection is conducted. Section 64(3) of the 2022 Law on Inspection, provides for exceptions to the prior notice for specialized inspection activities, in case of detecting a violation that needs to be immediately inspected. In this case, the announcement of the inspection decision may be conducted after the minutes of violation committed by the inspected subject is made. The Committee further notes that according to section 59(1) of the 2022 Law on Inspection, for the preparation of the inspection, the heads of inspection bodies shall issue an inspection decision defining the scope, content, subject, period, tasks and duration of the inspection. The Committee requests once again that the Government take the necessary measures in order to bring its legislation in line with the Convention to ensure that labour inspectors are empowered to enter freely and without previous notice any workplace liable to inspection at any hour of the day or night. The Committee requests that the Government provide information on the manner in which the exceptions in section 216 of the Labour Code, section 22 of Decree No. 110/2017/ND-CP, and section 64(3) of the 2022 Law on Inspection are applied in practice, including the number of inspections undertaken without previous notice and the results of such inspections. Lastly, the Committee requests the Government to indicate whether inspectors have the power to conduct examinations that go beyond the scope and content established in the decision for inspection, issued pursuant to section 59(1) of the 2022 Law on Inspection.

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