Demande directe (CEACR) - adoptée 2001, publiée 90ème session CIT (2002)

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

Article 2 of the Convention. The Committee reminds the Government that exclusion from the application of the Convention of a limited category of workers must, in accordance with Article 2, paragraph 3, be stated in a declaration in the first report, along with reasons for the exclusion. The Committee notes that no declaration of this type was made by the Government in its first reports. The Government states, however, in its report that under the terms of Article 2, paragraph 2, self-employed workers are excluded from the scope of the Convention. The Committee also notes that the report refers solely to the specific nature of self-employed work and the administrative capacity of governmental bodies in charge of labour without indicating what are the problems particular to this category. It therefore requests the Government to relate the problems encountered and to supply indications on progress made towards application of the Convention to all economic sectors, including self-employed workers.

Article 3(b). The Committee notes that section 3 of the Labour Code excludes from its scope certain categories of workers where an international agreement concluded or accepted by the Socialist Republic of Viet Nam provides otherwise. It requests the Government to indicate which categories are liable to be excluded by the application of such an international agreement.

Article 3(e). The Committee notes that section 106 of the Labour Code gives a definition of what is considered to be an occupational disease; the list of these diseases is contained in Decree No. 68/CP of 11 October 1993, supplemented by Decision No. 167-BYT/QD of 4 February 1997. These provisions do not indicate whether the physical and mental features affecting health directly linked to safety and health at work are covered but the Committee understands that they are not. It requests the Government to supply supplementary information on this matter and to keep the Office informed of any measures adopted in this regard.

Article 4, paragraph 1. The Committee notes Directive No. 13/1998/CT-TTg of 26 March 1998 extending the direction and organization of application of protection at work to new situations. The Committee understands that this Directive lays down a national policy on safety and health at work. Nevertheless, the Committee requests the Government to indicate the legal status and binding force of this instrument. Furthermore, the Committee notes the participation of the General Confederation of Labour of Viet Nam in developing scientific research and legislation programmes, policies and systems relating to occupational protection, safety and health in application of sections 95(2) and (3) of the Labour Code and section 20 of Decree No. 06/CP. The Committee notes, however, that the procedures of this consultation are not specified and that consultation with employers is not provided. It therefore requests the Government to take the necessary measures to ensure consultation with organizations of employers during the definition, periodic review and implementation of national policy, and to indicate the procedures applicable for consultation with organizations of workers and the legal provisions or regulations which ensure that this consultation takes place. If such provisions do not exist, the Committee requests the Government to take the necessary measures to adopt them and to communicate information on the measures adopted for this purpose.

Article 4, paragraph 2. The Committee notes sections 17 et seq. of Decree No. 06/CP governing the application of section 95(2) of the Labour Code on national policy. According to these provisions, the purpose of the policy is to ensure the safety, health and improvement of working conditions; nevertheless, prevention of accidents and injury to health and the minimization as far as possible of the causes of hazards inherent in the working environment do not seem to be covered. The Committee therefore requests the Government to take the necessary measures to extend the scope of the abovementioned policy to aspects concerning prevention of accidents and injury to health.

Article 5. The Committee notes that the provisions of section 95(2) of the Labour Code, Chapter V of Decree No. 06/CP and Directive No. 13/1998/CT-TTg remain very general with regard to the wide spheres of action which must be taken into account by national policy. It requests the Government to supply further information, particularly in regard to:

(i)  the design of the material elements of work and the relationships between them and the persons who carry out or supervise the work (Article 5(a) and (b));

(ii)  the obligation of communication and cooperation on policy with employers (Article 5(d)); and

(iii)  an explicit legal guarantee prohibiting disciplinary measures against workers who perform actions lawfully in accordance with the policy laid down in Article 4.

Article 7. The national provisions applying this Article of the Convention do not clearly set out appropriate intervals for review of the national situation with regard to occupational safety and health and the working environment but provide only "periodic" review. Nor do they provide for it to be reviewed overall or in respect of particular areas with a view to identifying major problems. The Committee requests the Government to supply information on the measures taken with a view to reviewing of the situation in regard to occupational safety and health and the working environment and the periodicity of such review.

Article 8. The Committee notes that the Government refers to consultation with employers and workers by referendum and the holding of meetings in the framework of measures to give effect to Article 4 of the Convention. The Committee also notes existing national provisions on the subject. As already indicated, the Committee notes that existing legislation refers to organizations of workers and consultations which shall be carried out with them. The Committee therefore requests the Government to indicate the provisions for consultations with organizations of employers. The Committee also requests the Government to indicate the procedures for consultation of organizations of workers.

Article 10. The Committee notes the Government’s information to the effect that inspectors give adequate advice during their inspections to assist employers and workers to comply with their legal obligations. Since this duty is not one of the main duties of the State Inspection Service set out in section 186 of the Labour Code, the Committee requests the Government to supply information on measures taken in this regard.

Article 11(a) and (b). The Committee notes that neither section 96 of the Labour Code nor sections 2(1) and (3) of Decree No. 06/CP and Circular No. 22/TT-LDTBXH of 8 November 1996 determines the substances and agents, the exposure to which is to be prohibited. The Committee requests the Government to indicate the measures taken to implement this provision on the determination, where the nature and degree of hazards require, of conditions governing the design, construction and layout of undertakings, the commencement of their operations, major alterations affecting them and changes in their purposes, the safety of technical equipment used at work, as well as the application of procedures defined by the competent authorities and the determination of work processes and of substances and agents, the exposure to which is to be prohibited, limited or made subject to authorization or control by the competent authority or authorities. Health hazards due to the simultaneous exposure to several substances or agents shall also be taken into consideration in application of this provision. The Committee requests the Government in addition to indicate whether simultaneous exposure is taken into consideration and, if so, by what measure.

Article 11(e). The publication, annually, of information on measures taken in pursuance of the national policy on occupational safety and health and on occupational accidents, occupational diseases and other injuries to health which arise in the course or in connection with work, is not provided for in national legislation. The Committee already referred to this problem in 2000 in its direct request regarding the Labour Inspection Convention, 1947 (No. 81). The Committee therefore hopes that the Government will take the necessary measures to give effect to this provision and will publish annually information on measures taken in pursuance of the national policy on occupational safety and health as well as on occupational accidents, occupational diseases and other injuries to health which arise in the course of or in connection with work.

Article 11(f). The Committee requests the Government to supply information on the introduction or extension of systems to examine chemical, physical and biological agents in respect of the risk to the health of workers.

Article 12(a). The Committee notes that national provisions do not take into account the design, provision or transfer of machinery or substances for occupational use. The Committee requests the Government to supply information on the measures taken or contemplated to give effect to this provision of the Convention.

Article 12(b). The Committee notes that information concerning the correct installation and use of machinery and equipment and the correct use of substances, and information on hazards of machinery and equipment and dangerous properties of chemical substances and physical and biological agents or products, as well as instructions on how known hazards are to be avoided, does not seem to be provided in national provisions. The Committee requests the Government to indicate how effect is given to this provision.

Article 12(c). The Committee notes the provisions contained in section 180(5) of the Labour Code, Circular No. 05/1999/TT-BYT of 27 March 1999 and section 5 of Directive No. 13/1998/CT/TTg. These provisions are not, however, adequate to conclude that the persons concerned undertake studies and research or otherwise keep abreast of the scientific and technical knowledge relating to the design, manufacture, import, provision or transfer of machinery, equipment or substances for occupational use. The Committee requests the Government to indicate the measures taken or contemplated in application of this provision.

Article 13. The Committee requests the Government to take the necessary measures to protect from undue consequences a worker who has removed himself from the work situation which he has reasonable justification to believe presents an imminent and serious danger to his life or health.

Article 15. The Committee asks the Government to indicate whether the National Council on Work Safety, Work Sanitation, provided by section 18 of Decree No. 06/CP, has already been established. The Committee also requests the Government to indicate whether there was consultation with the most representative organizations of employers and workers to ensure the necessary coordination between various authorities and bodies called upon to give effect to the provisions of this Convention.

Article 16, paragraph 2. The Committee requests the Government to indicate the legislative provisions or regulations which ensure that employers adopt the necessary measures to guarantee that, so far as is reasonably practical, the chemical, physical and biological substances and agents under their control are without risk to health when appropriate measures of protection are taken.

Article 17. The Committee requests the Government to take the necessary measures to ensure collaboration in applying the requirements of this Convention whenever two or more undertakings engage in activities simultaneously at one workplace.

Article 19(b) and (c). The Committee notes that section 13(3) and (5) of Decree No. 06/CP and section 154(2) of the Labour Code lay down an obligation of cooperation by employers with trade unions. The Committee notes, however, that there is no provision concerning the obligation for representatives of workers to cooperate with the employer. Furthermore, it also notes that there is no requirement to give representatives of workers adequate information on measures taken by the employer to secure occupational safety and health. The Committee therefore requests the Government to indicate the measures adopted to give effect to these provisions of the Convention.

Article 19(e). The Committee requests the Government to take the necessary measures to enable workers or their representatives and, as the case may be, their representative organizations in an undertaking, in accordance with legislation, to enquire into and be consulted by the employer on all aspects of occupational safety and health associated with their work.

Article 20. The Committee requests the Government to supply information on the measures adopted to give effect to the obligation of cooperation between management and workers within the undertaking on the question of organization in relation to occupational safety and health.

The Committee requests the Government to supply the following texts:

-  Act on public health care and protection, 1989;

-  Act on protection of the environment, 1994;

-  Decree No. 175/CP concerning application of the Act on protection of the working environment, 18 October 1994;

-  Circular No. 08/LDTBXH-TT providing instructions on training in occupational safety and health, 11 April 1995 (text in English if possible);

-  Circular No. 23/LDTBXH-TT of 19 September 1995 providing instructions on the implementation of Circular No. 08/LDTBXH-TT of 11 April 1995;

-  Decree No. 46/CP setting out the administrative sanctions in regard to the public health administration, 6 August 1996;

-  Circular No. 13/BYT-TT giving instructions on the administration of occupational health and occupational diseases, 24 October 1996 (text in English if possible);

-  Circular No. 14/1998/LDTBXH-TT giving instructions on the implementation of occupational protection at enterprise level, 31 October 1998;

-  Decision No. 166/2000/QD-BTC laying down conditions affecting order and safety to be complied with in a number of occupational activities, 2 February 2001.