Hygiene (Commerce and Offices) Convention, 1964 (No. 120) - Viet Nam (Ratification: 1994)

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 45 (underground work (women)), 120 (hygiene (commerce and offices)), 155 (OSH), and 187 (promotional framework for OSH) together.

Legislative developments. In response to its previous comments on legislative developments, the Committee notes the information provided by the Government in its report concerning the adoption, during the reporting period, of several pieces of legislation relevant to OSH, including the Labour Code of 2019, which enters into force on 1 January 2021.

Application in practice of Conventions Nos 120, 155 and 187. The Committee previously requested for information on measures to address the high rate of occupational accidents and diseases in particular sectors. In this regard, the Committee notes the information provided by the Government, including the statistics on occupational accidents available on the website of the Department of Work Safety of the Ministry of Labour, War Invalids and Social Affairs (MOLISA). The Committee notes that in 2019, there were 8,150 occupational accidents causing 8,327 people to be injured and 979 deaths, and that serious occupational accidents in which two or more persons are killed two or many people injured, typically occurred in the fields of construction, mineral exploitation, fishing and electricity. The Committee also notes that, according to the Government, there are difficulties with regard to the diagnosis and examination of occupational diseases, caused by the inadequacy of facilities, equipment and human resources. The Committee requests the Government to provide further information on the measures taken to increase the level of compliance with OSH rules, to improve the situation with respect to the diagnosis and examination of occupational diseases, and to reduce the rate of occupational accidents and diseases, particularly in high-risk sectors, as well as on the impact of the measures taken. The Committee also requests the Government to continue to provide information on the application in practice of the ratified Conventions on OSH, including the number of violations detected and penalties imposed, and the occupational accidents and diseases registered.

A. General Provisions

OSH and its promotional framework (Conventions Nos 155 and 187)

The Committee notes the Government’s first report on the application of Convention No. 187.

The Committee also takes note of the information provided by the Government in reply to its previous requests concerning Article 11(a) (progressive determination of design, construction, layout and operations of undertakings and safety of technical equipment) and Article 17 (collaboration between two or more undertakings) of Convention No. 155.

I. Action at the national level

Article 2(3) of Convention No. 187. Periodic consideration of measures to ratify OSH Conventions. The Committee notes the Government’s indication in its report that the MOLISA adopts plans annually concerning proposals to the competent authority on the ratification of ILO Conventions. The Committee requests the Government to indicate whether the most representative organizations of employers and workers are consulted in the context of the adoption of those plans.

National policy

Article 4 of Convention No. 155 and Article 3(1) of Convention No. 187. Formulation, implementation and periodic review of a national policy on OSH in consultation with social partners. The Committee notes the Government’s indication, in response to its previous request on national policy, that its national policy on OSH takes the form of the Law on Occupational Safety and Health (OSH Act) of 2015, and is further developed through Party documents, the Constitution and legislation. The Committee also notes the Government’s reference, with respect to consultation, to section 88 of the OSH Act and section 41 of Decree No. 39/2016/NĐ-CP establishing the National OSH Council, a tripartite advisory body. The Government indicates that, pursuant to section 41(4) of Decree No. 39/2016/NĐ-CP, this Council organizes dialogues annually to share information and strengthen the understanding between the social partners and state agencies on the development, amendment and revision of policies and laws on OSH. With respect to the review of the national OSH policy in consultation with social partners, the Committee notes the Government’s indication concerning section 170 of the Law on Promulgation of Legal Documents, which entered into force on 1 July 2016, and requires state management agencies to regularly review, supplement and amend national policies. The Committee also notes that, pursuant to section 6 of the same Law, the drafting agencies and relevant organizations must enable other organizations, individuals and those directly affected by the law to provide opinions during the formulation of legislative documents. The Committee requests the Government to provide further specific information on the periodic review of the national OSH policy in practice, including any review of the OSH Act of 2015. It requests the Government to provide information on the consultations held with the social partners in this respect, including in the National OSH Council.

Article 5(e) of Convention No. 155. Protection of workers and their representatives from disciplinary measures. Following its previous comments, the Committee notes the Government’s reference to section 6(1)(dd) of the OSH Act, providing protection for workers with labour contracts who refuse to work or leave the workplace, when they are clearly aware of risks of occupational accidents that seriously threaten their life or health, and immediately notify such risks to the direct manager. In this regard, the Committee recalls that Article 5(e) concerns not only the protection of workers, but also their representatives, from disciplinary measures for actions properly taken by them in conformity with national policy, which includes but is not limited to removal from dangerous situations. The Committee requests the Government to indicate the measures taken to ensure the protection of both workers and their representatives from disciplinary measures as a result of all actions properly taken by them in conformity with the policy, beyond the above-mentioned rights to refuse to work or to leave the workplace.

National system

Article 12 of Convention No. 155. Obligations of persons who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. The Committee notes the list of legislation provided by the Government, including Decree No. 113/2017/ND-CP of 9 October 2017 detailing and guiding the implementation of a number of articles of the Law on Chemicals, which prescribes that certain chemicals are subject to conditions of production and trading. The Committee also notes Circular No. 05/2012/TT-BLĐTBXH of 30 March 2012 of the MOLISA, promulgating national technical standards on labour safety for lifting equipment, which provides that organizations and individuals manufacturing, importing, exporting, circulating, installing, repairing, managing and operating lift equipment, are responsible for abiding by the standards set out in the Regulation. The Committee notes that this Regulation includes a requirement that lift equipment come with sufficient original technical documentation. The Committee requests the Government to provide further information on legislative or other provisions setting out the obligations of persons who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use, in relation to the requirements in paragraphs (a) (ensuring, so far as is reasonably practicable, the safety of machinery, equipment or substances); and (b) (making information available concerning correct installation, use and hazards) of Article 12. The Committee also requests the Government to indicate the measures taken to give effect to Article 12(c), requiring the persons covered by that Article to undertake studies and research or otherwise keep abreast of the necessary scientific and technical knowledge to comply with Article 12(a) and (b).

National programme

Article 5(1) and (2) of Convention No. 187. National OSH Programme. The Committee notes the adoption of Decision No. 05/QD-TTg of 5 January 2016 of the Prime Minister approving the National Programme for Occupational Safety and Health in the period 2016–20 (National OSH Programme 2016–20). It notes the Government’s statement that the MOLISA consulted with employers’ and workers’ organizations when drafting the Programme. The Committee also notes the different objectives and targets set out in the National OSH Programme 2016–20, including the reduction of occupational accidents and diseases, as well as various other programmes listed by the Government, which contain similar or complementary objectives. Considering that the National OSH Programme expires in 2020, the Committee requests the Government to provide information on the measures taken to ensure the evaluation and periodic review of this programme, in consultation with social partners. The Committee also requests the Government to provide information on how this evaluation contributes to the formulation of a new Programme, and to provide information on any subsequent programmes adopted.

II. Action at the level of the undertaking

Article 19(b), (c) and (e) of Convention No. 155. Arrangements at the level of the undertaking. The Committee previously requested information on measures giving effect to Article 19(b), (c) and (e) in undertakings with less than 1,000 workers or without trade unions. In this respect, the Committee notes the information provided by the Government regarding section 75 of the OSH Act, providing for the establishment of OSH committees at the level of the undertaking. The Committee also notes section 74 of the same Act providing for each production group in enterprises to have at least one part-time OSH worker during working hours, to be elected by the workers. Section 38 of Decree No. 39/2016/ND-CP of 15 May 2016 further specifies that an OSH committee (established at the undertaking level pursuant to section 75 of the OSH Act), has to be established in undertakings of more than 300 employees in high-risk fields, and in undertakings of 1,000 or more employees in other fields. The Committee requests the Government to provide information on the implementation of sections 74 and 75 of the OSH Act in practice. In addition, the Committee requests the Government to provide further information on measures taken to enable technical advisers, by mutual agreement, to be brought in from outside the undertaking, as envisaged by Article 19(e).

B. Protection in specific branches of activity

Underground Work (Women) Convention, 1935 (No. 45)

The Committee recalls that the ILO Governing Body (at its 334th Session, October–November 2018), on the recommendation of the Standards Review Mechanism (SRM) Tripartite Working Group, classified Convention No. 45 as an outdated instrument, and has placed an item on the agenda of the 113th Session of the International Labour Conference (2024) concerning its abrogation. The Governing Body also requested the Office to follow-up with member States currently bound by Convention No. 45 to encourage the ratification of up-to-date instruments concerning OSH, including but not limited to the Safety and Health in Mines Convention, 1995 (No. 176), and to undertake a campaign to promote the ratification of Convention No. 176. The Committee therefore encourages the Government to follow up the Governing Body’s decision at its 334th Session (October–November 2018) approving the recommendations of the SRM Tripartite Working Group and to consider ratifying the most up-to-date instruments in this subject area.

Hygiene (Commerce and Offices) Convention, 1964 (No. 120)

The Committee takes note of the information provided by the Government in reply to its previous requests concerning Articles 8 (ventilation), 9 (lighting), 10 (temperature) and 18 (noise and vibration) of the Convention.

Article 6(1) of the Convention. Labour inspection. The Committee previously noted the Government’s indication that specific OSH inspections only take place in a few areas, such as mining and work with hazardous chemicals, and requested for information on labour inspections in workplaces covered by the Convention. In the absence of additional information on this issue, and with reference to its comments adopted in 2020 on the Labour Inspection Convention, 1947 (No. 81), the Committee once again requests the Government to provide information on the labour inspections carried out in practice in workplaces covered by this Convention.

Article 14. Sufficient and suitable seats supplied for workers. The Committee previously noted that the information provided by the Government referred only to the public sector. The Committee once again requests the Government to provide information on the measures taken to ensure that, in practice, sufficient and suitable seats are supplied for workers who are not working for state agencies and the civil service.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

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.

Repetition

Article 6(1) of the Convention. Labour inspection. The Committee notes the information provided by the Government that occupational safety and health issues are included in general labour inspections, and that specific occupational safety and health inspections only take place in a few areas such as mining and work with hazardous chemicals. The Committee requests the Government to provide detailed information on labour inspections carried out in workplaces covered by the Convention, as well as the outcome of those inspections.

Articles 8, 9, 10 and 18. Requirements of ventilation, lighting, temperature and health standards concerning noise and vibration. The Committee notes the Government’s statement that the Convention has been integrated into the new Labour Code of 2012, as well as Decree No. 45/2013/ND-CP on the implementation of the provisions of the Labour Code on hours of work, hours of rest and occupational safety and health. Section 138 of the Labour Code states that employers are responsible for ensuring that the workplace meets the occupational safety and health requirements pertaining to ventilation, heat, noise and vibration and other harmful factors as indicated in relevant technical standards, and that these factors must be checked and measured on a regular basis. In this regard, the Committee notes that Decision No. 3733/2002/QD-BYT on occupational health standards contains minimum requirements with respect to air quality, lighting, temperature, noise and vibration. It notes the Government’s statement that the Ministry of Health is now studying the possible amendment of this Decision. The Committee requests the Government to provide information on any amendment or revision of Decision No. 3733/2002/QD-BYT, and to provide a copy of any new text adopted in this regard.

Article 14. Sufficient and suitable seats supplied for workers. The Committee previously noted the Government’s indication that Decision No. 260/2006/QD-TTg, on standard levels of state agencies and civil services, specifies the working space size requirements for officials or technicians and service officers.

It notes the Government’s indication that for state administrative and non administrative agencies, the Government allocates a budget for building maintenance, restoration and equipment in workplaces, which aims to ensure that each public official and technical staff member has a reasonable chair and working space. Noting that the information provided by the Government refers only to the public sector, the Committee requests the Government to provide information on measures taken to ensure that sufficient and suitable seats are also supplied for persons not working for state agencies and the civil service.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Article 6(1) of the Convention. Labour inspection. The Committee notes the information provided by the Government that occupational safety and health issues are included in general labour inspections, and that specific occupational safety and health inspections only take place in a few areas such as mining and work with hazardous chemicals. The Committee requests the Government to provide detailed information on labour inspections carried out in workplaces covered by the Convention, as well as the outcome of those inspections.

Articles 8, 9, 10 and 18. Requirements of ventilation, lighting, temperature and health standards concerning noise and vibration. The Committee notes the Government’s statement that the Convention has been integrated into the new Labour Code of 2012, as well as Decree No. 45/2013/ND-CP on the implementation of the provisions of the Labour Code on hours of work, hours of rest and occupational safety and health. Section 138 of the Labour Code states that employers are responsible for ensuring that the workplace meets the occupational safety and health requirements pertaining to ventilation, heat, noise and vibration and other harmful factors as indicated in relevant technical standards, and that these factors must be checked and measured on a regular basis. In this regard, the Committee notes that Decision No. 3733/2002/QD-BYT on occupational health standards contains minimum requirements with respect to air quality, lighting, temperature, noise and vibration. It notes the Government’s statement that the Ministry of Health is now studying the possible amendment of this Decision. The Committee requests the Government to provide information on any amendment or revision of Decision No. 3733/2002/QD-BYT, and to provide a copy of any new text adopted in this regard.

Article 14. Sufficient and suitable seats supplied for workers. The Committee previously noted the Government’s indication that Decision No. 260/2006/QD-TTg, on standard levels of state agencies and civil services, specifies the working space size requirements for officials or technicians and service officers.

It notes the Government’s indication that for state administrative and non administrative agencies, the Government allocates a budget for building maintenance, restoration and equipment in workplaces, which aims to ensure that each public official and technical staff member has a reasonable chair and working space. Noting that the information provided by the Government refers only to the public sector, the Committee requests the Government to provide information on measures taken to ensure that sufficient and suitable seats are also supplied for persons not working for state agencies and the civil service.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the responses provided by the Government in its latest report indicating the relevant national laws and regulations giving effect to Articles 7, 12, 13, 15, 16 and 19 of the Convention. The Committee asks the Government to continue to provide information on legislative measures undertaken with regards to the Convention.

Article 6, paragraph 1, and Part IV of the report form. Labour inspection and application in practice. The Committee notes the information provided by the Government indicating that, since 2002, the labour inspection system from central to local levels has well implemented its functions on occupational safety and health during workplace inspections; and that an independent occupational safety and health inspection mission will be established in high-risk workplaces. The Committee asks the Government to provide further information, in its next report, on the development of an independent safety and health inspection mission; and to provide information on the application of the Convention in practice, and any statistical information available on the number of workers covered, and the number and nature of accidents reported.

Articles 8, 9, 10 and 18. Employer must ensure that the workplace satisfies the requirements of, inter alia, ventilation, lighting, temperature and health standards concerning noise and vibration. The Committee notes the information provided by the Government stating that guidelines on the application of section 97 of the Labour Code have been issued under Decision No. 3733/2002/QD-BYT of 10 October 2002, providing for 21 occupational safety standards, five principles, and seven indicators on occupational hygiene; and Circular No. 13/BYT-TT of 24 October 1996, stating that investors must show their plans prior to building or improving business establishments, to ensure occupational safety and health with regards to criteria issued by the Minister of Health. The Committee asks the Government to provide further information on measures undertaken or envisaged to ensure that workers are provided with sufficient and suitable ventilation (Article 8); sufficient and suitable lighting (Article 9); comfortable and steady temperature (Article 10); and that the harmful effects of noise and vibrations on workers are reduced as far as possible (Article 18).

Article 14. Sufficient and suitable seats supplied for workers. The Committee notes the response provided by the Government indicating that Decision No. 260/2006/QD-TTg of 4 November 2006 on standard levels of State agencies and civil services specifies the working space size requirements for officials or technicians, and service officers. The Committee asks the Government to provide further information on measures undertaken or envisaged to ensure that sufficient and suitable seats are supplied for workers and that workers are given reasonable opportunities to use them.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

While taking note of the Government’s indication that the legislation related to the application of the Convention remains unchanged, the Committee draws the Government’s attention to the following points requiring additional information.

1. Articles 7, 12, 14, 16 and 19 of the Convention. The Committee notes the Government’s indication that it had adopted regulations, such as Decree No. 06/CP of 20 January 1995, giving guidelines for the implementation of the respective provisions of the Labour Code on occupational safety and health. In this respect, the Committee ventures to point out that the above Decree does not ensure full application of the general principles set forth in Part II of the Convention, for it does not contain specific provisions giving effect to the provisions of Articles 7, 12, 14, 16 and 19 of the Convention. The Committee therefore requests the Government to take the necessary measures to give effect to these provisions of the Convention. It requests the Government to keep the Office informed on any progress achieved in this respect.

2. Articles 13 and 15. The Committee notes the Government’s indication that, although article 116(1) of the Labour Code provides for shower facilities, toilets and changing rooms at workplaces where female workers are employed, the male workers are not excluded from their use, and that indeed the sanitary conveniences are subject to common utilization by both male and female workers. The Committee, taking note of this information, invites the Government to consider the possibility of amending article 116(1) of the Labour Code in order to ensure its applicability as well to male workers, in accordance with the Government’s above interpretation.

3. Articles 8, 9, 10 and 18. The Committee notes the Government’s indication that legal documents have been promulgated which give guidelines with regard to the application of article 97 of the Labour Code, according to which the employer must ensure that the workplace satisfies the requirements of, inter alia, ventilation, lighting, temperature and health standards concerning noise and vibration. The Committee requests the Government to specify the legal documents providing for guidelines on the application of article 97 of the Labour Code, and to transmit a copy of them for further examination.

4. Article 6, paragraph 1, read together with Part IV of the report form. The Committee notes the Government’s indication that inspection on occupational safety and health matters, which was previously assigned to the Ministry of Health (MOH), has been transferred to the Ministry of Labour, Invalids and Social Affairs, in order to strengthen and facilitate the execution of the functions of the State Labour Inspection provided for in articles 185 and 186 of the Labour Code, as amended in 2002. To this effect, the Occupational Safety and Health Inspectorate is currently being established, which will be the focal point for dealing with inspections carried out on occupational safety and health aspects. The Committee, taking due note of this information, invites the Government to supply supplementary information on the organization and working of the inspection services responsible for supervising the proper application of legislation in the field of occupational safety and health.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s report. While taking note of the Government’s indication that the legislation related to the application of the Convention remains unchanged, the Committee draws the Government’s attention to the following points requiring additional information.

1. Articles 7, 12, 14, 16 and 19 of the Convention. The Committee notes the Government’s indication that it had adopted regulations, such as Decree No. 06/CP of 20 January 1995, giving guidelines for the implementation of the respective provisions of the Labour Code on occupational safety and health. In this respect, the Committee ventures to point out that the above Decree does not ensure full application of the General Principles set forth in Part II of the Convention, for it does not contain specific provisions giving effect to the provisions of Articles 7, 12, 14, 16 and 19 of the Convention. The Committee therefore requests the Government to take the necessary measures to give effect to these provisions of the Convention. It requests the Government to keep the Office informed on any progress achieved in this respect.

2. Articles 13 and 15. The Committee notes the Government’s indication that, although article 116(1) of the Labour Code provides for shower facilities, toilets and changing rooms at workplaces where female workers are employed, the male workers are not excluded from their use, and that indeed the sanitary conveniences are subject to common utilization by both male and female workers. The Committee, taking note of this information, invites the Government to consider the possibility to amend article 116(1) of the Labour Code in order to ensure its applicability as well to male workers, in accordance with the Government’s above interpretation.

3. Articles 8, 9, 10 and 18. The Committee notes the Government’s indication that legal documents have been promulgated which give guidelines with regard to the application of article 97 of the Labour Code, according to which the employer must ensure that the workplace satisfies the requirements of, inter alia, ventilation, lighting, temperature and health standards concerning noise and vibration. The Committee requests the Government to specify the legal documents providing for guidelines on the application of article 97 of the Labour Code, and to transmit a copy of them for further examination.

4. Article 6, paragraph 1, read together with Part IV of the report form. The Committee notes the Government’s indication that inspection on occupational safety and health matters, which was previously assigned to the Ministry of Health (MOH), has been transferred to the Ministry of Labour, Invalids and Social Affairs, in order to strengthen and facilitate the execution of the functions of the State Labour Inspection provided for in articles 185 and 186 of the Labour Code, as amended 2002. To this effect, the Occupational Safety and Health Inspectorate is currently being established, which will be the focal point for dealing with inspections carried out on occupational safety and health aspects. The Committee, taking due note of this information, invites the Government to supply supplementary information on the organization and working of the inspection services responsible for supervising the proper application of legislation in the field of occupational safety and health.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the information supplied in the Government’s first report. It requests the Government to provide further information on the following points.

1. Articles 7, 12, 14, 16 and 19 of the Convention. The Committee notes that the legislative provisions relating to hygiene in commerce and offices do not ensure full observance of the detailed requirements of the following provisions of the Convention: Article 7 (maintenance and cleanliness of workplaces), Article 12 supply of wholesome drinking-water), Article 14 (suitable seats), Article 16 (standards of hygiene in underground and windowless premises) and Article 19 (dispensary or first-aid post). The Committee would request the Government to provide in its next report additional information on the measures taken or envisaged to give effect to these provisions of the Convention.

2. Articles 13 and 15. The Committee notes with interest that article 116, paragraph 1, of the Labour Code provides for shower facilities and toilets as well as changing-rooms at workplaces where female workers are employed. The Committee would, however, recall that such facilities, conveniences and changing-rooms should be provided to all workers covered by the Convention. It requests the Government to indicate the measures taken or envisaged to this effect.

3. Articles 8, 9, 10 and 18. The Committee notes that under article 97 of the Labour Code the employer must ensure that the workplace satisfies the requirements, inter alia, of ventilation, lighting, temperature and health standards concerning noise and vibration. The Committee would appreciate if the Government would provide information regarding the criteria which have to be applied in order to satisfy these requirements.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes the information supplied in the Government's first report. It requests the Government to provide further information on the following points:

1. Articles 7, 12, 14, 16 and 19 of the Convention. The Committee notes that the legislative provisions relating to hygiene in commerce and offices do not ensure full observance of the detailed requirements of the following provisions of the Convention: Article 7 (maintenance and cleanliness of workplaces), Article 12 (supply of wholesome drinking-water), Article 14 (suitable seats), Article 16 (standards of hygiene in underground and windowless premises) and Article 19 (dispensary or first-aid post). The Committee would request the Government to provide in its next report additional information on the measures taken or envisaged to give effect to these provisions of the Convention.

2. Articles 13 and 15. The Committee notes with interest that article 116, paragraph 1, of the Labour Code provides for shower facilities and toilets as well as changing-rooms at workplaces where female workers are employed. The Committee would, however, recall that such facilities, conveniences and changing-rooms should be provided to all workers covered by the Convention. It requests the Government to indicate the measures taken or envisaged to this effect.

3. Articles 8, 9, 10 and 18. The Committee notes that under article 97 of the Labour Code the employer must ensure that the workplace satisfies the requirements, inter alia, of ventilation, lighting, temperature and health standards concerning noise and vibration. The Committee would appreciate if the Government would provide information regarding the criteria which have to be applied in order to satisfy these requirements.