Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

Articles 1 and 3 of the Convention. Organization and development of the labour inspection system. The Committee notes the information provided by the Government concerning the relevant national legislation. In order to enable the Committee to assess the organization and functioning of the labour inspection system, the Committee would appreciate if the Government would provide a copy of Decree No. 31/2006/NĐ-CP of 29 March 2006 concerning offices responsible for labour inspection functions, as well as information on activities and results obtained through the implementation of the national programme on occupational protection, safety and health by the year 2010, provided for under Decision No. 233/2006/QĐ-TTg of 18 October 2006.

Article 2. Workplaces liable to inspection. Further to its request on this point, the Committee notes the Government’s reply indicating that the collection of data on enterprises liable to labour inspection is carried out annually by provincial departments of investment and planning, provincial tax departments, and by regional inspectors, and that the collected data are disaggregated by various categories. The latest statistics of 2009 indicate that there are more than 300,000 enterprises liable to inspection, most of which being small and medium‑sized enterprises, and including an increased number of private companies. While appreciating the Government’s clarifications, the Committee would be grateful if the Government would provide more detailed data based on the 2009 survey, disaggregated by the categories used in the Government’s survey.

Article 10. Inspection staff. The Committee notes the information provided by the Government that the Prime Minister issued Decision No. 1129/QĐ-TTg instructing the Ministry of Labour, Invalids and Social Affairs (MOLISA), the Ministry of Home Affairs and other agencies to assess the need to increase the number of labour inspectors (paragraph 1.d). Following this decision, the number of labour inspectors in some provinces, such as Ho Chi Minh City, Dong Nai and Binh Duong provinces, became 3.2 times as high as before. As a result, the total number of labour inspectors in the country increased from 359 in 2006 to 471 in 2008. In addition, the Government is planning to increase the number of inspectors in locations where there are many industrial zones, such as Hanoi, Ho Chi Minh City, Hai Phong, Da Nang, Binh Duong, Dong Nai. Furthermore, the Government has conducted pilot programmes to establish labour inspection systems at the district level in areas where many enterprises operate, such as Ho Chi Minh City. The Committee requests the Government to continue to provide information on measures taken or contemplated in order to ensure that the number of labour inspectors is sufficient to secure the effective discharge of their duties, as required in this Article of the Convention. In this connection, the Government is also requested to provide information on the results of the abovementioned pilot programmes for the district-level labour inspection system.

Article 6. Status and conditions of service of labour inspectors. The Committee notes the Government’s indication that labour inspectors are selected based on the criteria set under section 191(2) of the Labour Code and section 31 of Law No. 2/2004/QH11 of 24 June 2004 on inspection and that they are provided with necessary equipment and facilities. The Committee also notes with interest that they are paid usually 15–25 per cent higher than other public officials of the same rank and position. The Committee requests the Government to explain how labour inspectors are ensured of stable employment and independence of changes of government, and of other external influences, as required in this Article of the Convention.

Article 7(3). Training of labour inspectors. The Committee notes the information provided by the Government that the Central Labour Inspectorate organized a workshop in 2008 to report on the tasks of the year, to train inspectors on the “self-inspection” questionnaire software and to clarify issues regarding the labour legislation. The Government adds that the inspection office of MOLISA regularly organizes skills training courses for inspectors, including those conducted in 2008 and 2009 on international labour standards and their implementation in the national context. The Committee requests the Government to continue to provide particulars about types of training programmes offered to labour inspectors, the number of inspectors who participated in those programmes, and any practical results obtained.

Articles 12(1) and 16. Rights of free entry of inspectors to workplaces liable to inspection and freedom to carry out inspections. Further to its comments on this point, the Committee notes the information provided by the Government; in particular, that approximately 20 per cent of the total number of labour inspections in 2008 were surprise visits conducted in order to address urgent matters. The Committee requests the Government to provide additional details on these surprise visits, including the nature of the problems. It would also be grateful if the Government would continue to provide information on the practical application of section 187(1) of the Labour Code under the terms of which inspectors have the right to conduct investigations in the workplace at any time and without previous notice, and send copies of any relevant regulations, if applicable.

Articles 5(b), 12(c), 13 and 17 of the Convention, and Part II, Paragraphs 4 and 5, of Recommendation No. 81. Extent of the collaboration of employers and workers with labour inspectors. The Committee notes the Government’s indication that the use of “self-inspection” forms would strengthen the assessment of the implementation of the labour legislation at the enterprise level because the forms would provide additional input. The Government adds that the form would enhance the position of inspectors as they would be able to provide advice promptly or identify undertakings for which inspection visits would be the most effective. In this connection, the Committee recalls paragraph 278 of its General Survey of 2006 on labour inspection, in which it indicated that, while recognizing the advantage of self-risk assessment by enterprises that all the stakeholders in the enterprise actively work together to enforce the relevant legal provisions, specially trained and appointed public servants should nonetheless still be responsible for inspecting conditions of work (sections 186 and 187 of the Labour Code). The Committee is therefore of the view that even with results of “self-inspection” obtained, they can only be additional sources of information, and that labour inspectors should still be solely responsible for verifying the implementation of the labour legislation, and their technical advice should be based on the results of inspections. The Committee is therefore bound to ask the Government to indicate the manner in which it is ensured that labour inspectors enjoy the rights and privileges provided for in the abovementioned provisions of the Convention and the Labour Code and that “self-inspections” would only be complementary and would not replace labour inspections. It also requests it to transmit sample copies of the completed questionnaires on “self-inspection”, as well as detailed and documented statistical information on the results of the application of the “self-inspection” system, including the number and nature of contraventions of the labour legislation identified, contents of the advice given by inspectors, sanctions imposed and legal proceedings instituted.

Articles 20 and 21. Annual report on the work of the inspection services. The Committee notes the Government’s indication that the Government receives, on an annual basis, periodic reports from central and local labour inspectorates. In this connection, it recalls that Article 20 of the Convention requires that the central authority publishes an annual general report on the work of the inspection services under its control within a reasonable time after the end of the year to which it relates. The Committee therefore continues to encourage the Government to take all necessary measures to ensure that the data and information required under Article 21 of the Convention are collected, processed and compiled into an annual general report published in a timely manner and communicated to the ILO. The Committee would like to recall the possibility to request the technical assistance of the ILO to this end.