Observation (CEACR) - adoptée 2020, publiée 109ème session CIT (2021)

Convention (n° 81) sur l'inspection du travail, 1947 - Viet Nam (Ratification: 1994)

Articles 5(a) and 16 of the Convention. Inspections as often and as thoroughly as necessary. Self-inspection and self-assessment. Annual inspection plans. The Committee previously noted the information provided by the Government in relation to the use of self-inspection forms by the labour inspectorate, as well as a decrease in self-inspection questionnaires used and recommendations issued, as compared to violations detected in the period 2005–12. In this regard, the Committee notes the Government’s indication in its report that there are no sanctions in labour legislation for enterprises failing to submit the self-inspection questionnaires, which has led to: (i) low numbers of enterprises returning self inspection questionnaires; (ii) a low quality of answered questionnaires; and (iii) a low number of recommendations issued. The Government refers to several measures envisaged to improve the effectiveness of self-inspection questionnaires as a tool to assist the labour inspectorate in increasing efficiency and inspections.

The Committee notes with concern that the Government indicates that, due to several difficulties which include the insufficient number of staff, inspection work has not been performed regularly and thoroughly. In this respect, the Committee notes the Government’s indication that the numbers of inspections were 3,667 in 2016, 3,298 in 2017, 3,652 in 2018 and 3,969 in 2019. The Committee further notes that, pursuant to 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 formulation and approval of an annual inspection plan must ensure that an enterprise does not undergo more than one inspection every year from a state inspection body. The Directive further provides that, with respect to ad hoc inspections, it is not allowed to expand the inspection scope, and inspect contents that are outside the scope of the inspection decision. In this regard, the Committee notes the Government’s indication that a number of planned inspections could not be performed, due to overlapping functions and mandates with other agencies. The Committee observes 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. In this respect, the Committee recalls its General Observation of 2019 on the labour inspection Conventions, expressing concern at reforms that substantially undermine the inherent functioning of labour inspection systems and urging governments to remove these restrictions, with a view to achieving conformity with Convention No. 81. The Committee requests the Government to take the necessary measures to ensure that, in accordance with Article 16 of the Convention, workplaces are inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions. The Committee requests the Government to provide further information on the impact of the Directive of the Prime Minister No. 20/CT-TTg dated 17 May 2017 on the inspections of the labour inspectorate, including with respect to their frequency and scope. In this regard, it requests the Government to provide detailed statistics on conducted inspection visits, disaggregated by sector and by inspection type (inspections performed according to inspection plans, regular inspections or ad hoc inspections) and identifying the number of inspections responding to complaints or to accidents, and inspections that are announced versus unannounced. The Committee also requests the Government to provide further specific information on why a number of planned inspections could not be performed, indicating in detail what overlapping functions and mandates with other agencies prevented these inspections from being carried out. In addition, the Committee further requests information on the number of self-inspection questionnaires issued and returned. Recalling that self-inspection and self-assessment should be complementary to, and not replace, labour inspection, the Committee requests the Government to provide further information on the measures taken by labour inspectors in cases where enterprises fail to respond to self-inspection questionnaires.

Article 3(2). Additional functions entrusted to labour inspectors. Following its previous comments on the exercise of multiple functions by inspectors and the low number of inspectors, the Committee notes that the Government indicates that the overall number of inspectors remains insufficient. The Government states that only approximately one third of the 464 inspectors in the labour sector, working for the Ministry of Labour, War Invalids and Social Affairs (MOLISA), the agencies performing specialized inspection functions under the MOLISA, and the provincial Departments of Labour, Invalids and Social Affairs, perform labour inspection tasks. The Committee notes that, pursuant to section 214 of the Labour Code 2019, labour inspection includes the handling of labour-related complaints and denunciations, but also notes the Government’s statement that the labour dispute settlement process in compliance with the provisions of the Labour Code and the Criminal Procedure Code does not involve labour inspectors. Taking into account the difficulties raised by the Government regarding the number of inspectors in relation to their increasing workload, the Committee requests the Government to provide detailed information on all additional functions or responsibilities that are assigned to or expected from labour inspectors, separately identified for the national and provincial levels. The Committee also requests the Government to provide detailed information on the proportion of time and resources spent by labour inspectors on their primary functions, as set out in Article 3(1), compared to those spent on all additional functions entrusted to them, separately assessed for the national and provincial levels. The Committee strongly encourages the Government to 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 effective discharge of those primary duties.

Articles 5(a), 20 and 21. Publication of an annual inspection report. The Committee notes the Government’s indication that the Inspectorate of the MOLISA (Ministry Inspectorate) prepares an annual inspection report, in accordance with the regulations of the Government Inspectorate, containing the information covered by Article 21, except for statistics on occupational accidents and diseases. The Committee nevertheless notes that no annual report on the activities of the labour inspection services has been transmitted to the Office. In this regard, the Committee notes that the Government requests technical assistance from the Office as regards the establishment of a database of enterprises covering all types of production and businesses, to help it report on the information covered by Article 21(c) of the Convention. The Committee requests the Government to take all the necessary measures 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. The Committee hopes that the technical assistance requested by the Government will be provided in the near future, with a view to ensuring the establishment of a register of enterprises and full compliance with Articles 20 and 21 of the Convention.

Articles 10 and 11. Resources available to the labour inspectorate. Further to its previous comments which noted the Government’s indication that human resources, material means and facilities of the labour inspectorate were inadequate, the Committee notes the Government’s indication that increasing the number of labour inspectors has been difficult. The Government states that there were approximately 155 officials performing labour inspection tasks, from the Ministry Inspectorate, the agencies performing specialized inspection functions under the MOLISA, and the provincial Departments of Labour, Invalids and Social Affairs. The Government indicates that while the labour inspection team has a strong background, the current number of inspectors is still deemed to be insufficient. The Committee further notes the Government’s indication that some localities have few inspectors while their tasks have increased and their work becomes more complex, which has a negative impact on the validity and effectiveness of inspection activities. Concerning material means, the Committee notes section 6 of Circular No. 14/2015/TT-BLDTBXH of 2015 of the MOLISA, as amended, which stipulates that inspectors must be provided with equipment and working facilities at the agency, in accordance with laws and regulations, and stipulates the equipment provided to inspectors on work trips. The Committee urges the Government to strengthen its efforts with a view to ensuring that the labour inspectorate has sufficient human and material resources for the effective discharge of its duties. In addition, the Committee requests the Government to provide information on the application in practice of section 6 of Circular No. 14/2015/TT-BLDTBXH, as amended, and to continue to provide information on the tools and other material means available to labour inspectors.

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