Occupational Safety and Health Convention, 1981 (No. 155) - 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

Legislation. The Committee notes with interest the information provided by the Government indicating numerous legislative changes which occurred during the reporting period, including the adoption of the Law on Occupational Safety and Health (OSH) on 25 June 2015, which will enter into force on 1 July 2016, the adoption of the Labour Code in June 2012 and of a number of Decrees and Circulars. In this respect, with reference to its previous comments, it notes in particular the information provided on the effect given to Articles 2(2) and (3), 3(e), 5(a) and (b), 11(b), 13 and 19 (b), (c) and (e) of the Convention. The Committee requests the Government to continue to provide information on legislative measures undertaken with regard to the application of the Convention and to provide copies of relevant legislation adopted during the reporting period.

Article 4 of the Convention. Formulation, implementation and periodic review of a national policy on OSH in consultation with the social partners. The Committee draws the Government’s attention to the fact that the national policy provided for in Article 4 of the Convention entails a dynamic, cyclical process and requires periodic review to ensure that progress including scientific and technological change occurring in the working environment could be incorporated into the national policy. Accordingly, Article 4 provides that the periodic review of the national policy on OSH must be undertaken in consultation with the most representative employers’ and workers’ organizations. The Committee requests the Government to provide information on the manner in which the national policy on OSH is reviewed, in consultation with the social partners, and on the outcome of this review and the consultations held in this regard.

Article 5(e). Protection of workers and their representatives. The Committee notes the Government’s indication that section 140(2) of the Labour Code gives workers the right to remove themselves from work situations where their safety or health is threatened and that pursuant to section 10 of the Trade Union Law, a worker involved in a situation directly affecting their health and life shall be protected by a representative. The Committee draws the Government’s attention to the fact that the information provided is relevant to Article 13 of the Convention, while Article 5(e) concerns the protection of workers and 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. In this connection, the Committee refers to paragraphs 73–75 of its 2009 General Survey concerning occupational safety and health, on the scope of this Article. The Committee asks the Government to provide information on the manner in which not only workers but also their representatives, are protected from disciplinary measures as a result of actions properly taken by them in conformity with the national policy.

Article 11(a). Determination of working conditions. The Committee notes the indication that Circular No. 04/2008/TT-BLDTBXH was replaced by Circular No. 05/2014/TT-BLDTBXH dated 6 March 2014, which promulgates the list of machinery, equipment and materials with strict requirements for occupational safety, and that Circular No. 06/2014/TT-BLDTBXH dated 6 March 2014 was issued to provide regulations on the verification of occupational safety techniques over machinery, equipment and materials with strict requirements for occupational safety. However, the Committee notes that no information is provided with regard to the elements, other than technical equipment used at work, enumerated in Article 11(a) of the Convention. The Committee requests the Government to supply a copy of Circular No. 06/2014/TT-BLDTBXH, if possible in one of the working languages of the ILO, and to provide further information on measures taken or envisaged to give full effect to Article 11(a).

Article 12. Obligations of persons who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. The Committee notes that under section 147 of the Labour Code, machinery, equipment and materials with strict requirements on occupational safety must be inspected before being put into use and periodically inspected, during the course of utilization, by the organization of technical inspection of occupational safety. It also notes the list of Decrees, Circulars and Decisions relating to specific items of machinery and materials, including Circular No. 06/2014/TT-BLDTBXH. The Committee requests the Government to indicate the specific provisions of the abovementioned technical standards and procedures, and to provide information on any other measures, which give effect to each paragraph of Article 12.

Article 17. Collaboration between two or more undertakings engaging in activities simultaneously at one workplace. The Committee notes the Government’s indication that multiple undertakings operate on the same worksite in the construction sector, particularly on the site for the hydropower plant, and that they should set up a joint committee for fire-explosion prevention. Additionally, when OSH regulations are violated, the undertakings must interrupt the operation of the site until remedial measures are taken. The Committee wishes to emphasize that collaboration between two or more undertakings engaged in activities simultaneously at one workplace should apply to all sectors of economic activity and cover all of the requirements of this Convention. The Committee reiterates its request that the Government take the necessary measures, in law and in practice, 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), (c) and (e). Arrangements at the level of the undertaking. The Committee notes the Government’s indication that the Inter-ministerial Circular on providing guidance on labour protection and business establishments (No. 14/1998/TTL-BLDTBXH-BYT-TLDLDVN) has been replaced by Circular No. 01/2011/TTLT-BLDTBXH-BYT, dated 10 January 2011, guiding the organization of labour safety and sanitation work in labour-employing establishments. It further notes that this Circular and sections 138 and 151 of the Labour Code provide for collaboration between employers and grassroots trade unions in the field of OSH. However, the Committee notes that sections 13 and 14 of Circular No. 01/2011/TTLT-BLDTBXH-BYT on the organization of labour protection councils apply only to establishments employing over 1,000 workers. The Committee requests the Government to provide further information on measures taken or envisaged to ensure that effect is given to subparagraphs (b), (c) and (e) of Article 19 in all undertakings, including those with no trade unions and those employing less than 1,000 workers.

Application in practice. The Committee notes the information provided by the Government in reply to its previous request concerning the measures taken to address the high number of accidents occurring in the sectors of construction, mining, electricity and agriculture. It also notes the Government’s indication that workers in the construction sector are still unwilling to use personal protective equipment and that seasonal and manual workers do not necessarily comply with OSH rules and measures. The Committee requests the Government to continue to provide information on measures taken or envisaged to address the abovementioned issues, and to provide information on the application of the Convention in practice, including extracts from inspection reports and, where such statistics exist, information on the number of workers covered by the legislation, the number and nature of infringements reported, and the number, nature and cause of accidents reported.

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

Legislation. The Committee notes with interest the information provided by the Government indicating numerous legislative changes which occurred during the reporting period, including the adoption of the Law on Occupational Safety and Health (OSH) on 25 June 2015, which will enter into force on 1 July 2016, the adoption of the Labour Code in June 2012 and of a number of Decrees and Circulars. In this respect, with reference to its previous comments, it notes in particular the information provided on the effect given to Articles 2(2) and (3), 3(e), 5(a) and (b), 11(b), 13 and 19 (b), (c) and (e) of the Convention. The Committee requests the Government to continue to provide information on legislative measures undertaken with regard to the application of the Convention and to provide copies of relevant legislation adopted during the reporting period.

Article 4 of the Convention. Formulation, implementation and periodic review of a national policy on OSH in consultation with the social partners. The Committee draws the Government’s attention to the fact that the national policy provided for in Article 4 of the Convention entails a dynamic, cyclical process and requires periodic review to ensure that progress including scientific and technological change occurring in the working environment could be incorporated into the national policy. Accordingly, Article 4 provides that the periodic review of the national policy on OSH must be undertaken in consultation with the most representative employers’ and workers’ organizations. The Committee requests the Government to provide information on the manner in which the national policy on OSH is reviewed, in consultation with the social partners, and on the outcome of this review and the consultations held in this regard.

Article 5(e). Protection of workers and their representatives. The Committee notes the Government’s indication that section 140(2) of the Labour Code gives workers the right to remove themselves from work situations where their safety or health is threatened and that pursuant to section 10 of the Trade Union Law, a worker involved in a situation directly affecting their health and life shall be protected by a representative. The Committee draws the Government’s attention to the fact that the information provided is relevant to Article 13 of the Convention, while Article 5(e) concerns the protection of workers and 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. In this connection, the Committee refers to paragraphs 73–75 of its 2009 General Survey concerning occupational safety and health, on the scope of this Article. The Committee asks the Government to provide information on the manner in which not only workers but also their representatives, are protected from disciplinary measures as a result of actions properly taken by them in conformity with the national policy.

Article 11(a). Determination of working conditions. The Committee notes the indication that Circular No. 04/2008/TT-BLDTBXH was replaced by Circular No. 05/2014/TT-BLDTBXH dated 6 March 2014, which promulgates the list of machinery, equipment and materials with strict requirements for occupational safety, and that Circular No. 06/2014/TT-BLDTBXH dated 6 March 2014 was issued to provide regulations on the verification of occupational safety techniques over machinery, equipment and materials with strict requirements for occupational safety. However, the Committee notes that no information is provided with regard to the elements, other than technical equipment used at work, enumerated in Article 11(a) of the Convention. The Committee requests the Government to supply a copy of Circular No. 06/2014/TT-BLDTBXH, if possible in one of the working languages of the ILO, and to provide further information on measures taken or envisaged to give full effect to Article 11(a).

Article 12. Obligations of persons who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. The Committee notes that under section 147 of the Labour Code, machinery, equipment and materials with strict requirements on occupational safety must be inspected before being put into use and periodically inspected, during the course of utilization, by the organization of technical inspection of occupational safety. It also notes the list of Decrees, Circulars and Decisions relating to specific items of machinery and materials, including Circular No. 06/2014/TT-BLDTBXH. The Committee requests the Government to indicate the specific provisions of the abovementioned technical standards and procedures, and to provide information on any other measures, which give effect to each paragraph of Article 12.

Article 17. Collaboration between two or more undertakings engaging in activities simultaneously at one workplace. The Committee notes the Government’s indication that multiple undertakings operate on the same worksite in the construction sector, particularly on the site for the hydropower plant, and that they should set up a joint committee for fire-explosion prevention. Additionally, when OSH regulations are violated, the undertakings must interrupt the operation of the site until remedial measures are taken. The Committee wishes to emphasize that collaboration between two or more undertakings engaged in activities simultaneously at one workplace should apply to all sectors of economic activity and cover all of the requirements of this Convention. The Committee reiterates its request that the Government take the necessary measures, in law and in practice, 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), (c) and (e). Arrangements at the level of the undertaking. The Committee notes the Government’s indication that the Inter-ministerial Circular on providing guidance on labour protection and business establishments (No. 14/1998/TTL-BLDTBXH-BYT-TLDLDVN) has been replaced by Circular No. 01/2011/TTLT-BLDTBXH-BYT, dated 10 January 2011, guiding the organization of labour safety and sanitation work in labour-employing establishments. It further notes that this Circular and sections 138 and 151 of the Labour Code provide for collaboration between employers and grassroots trade unions in the field of OSH. However, the Committee notes that sections 13 and 14 of Circular No. 01/2011/TTLT-BLDTBXH-BYT on the organization of labour protection councils apply only to establishments employing over 1,000 workers. The Committee requests the Government to provide further information on measures taken or envisaged to ensure that effect is given to subparagraphs (b), (c) and (e) of Article 19 in all undertakings, including those with no trade unions and those employing less than 1,000 workers.

Application in practice. The Committee notes the information provided by the Government in reply to its previous request concerning the measures taken to address the high number of accidents occurring in the sectors of construction, mining, electricity and agriculture. It also notes the Government’s indication that workers in the construction sector are still unwilling to use personal protective equipment and that seasonal and manual workers do not necessarily comply with OSH rules and measures. The Committee requests the Government to continue to provide information on measures taken or envisaged to address the abovementioned issues, and to provide information on the application of the Convention in practice, including extracts from inspection reports and, where such statistics exist, information on the number of workers covered by the legislation, the number and nature of infringements reported, and the number, nature and cause of accidents reported.

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

Further to its observation, the Committee notes with interest the comprehensive information provided in the Government’s latest report, including responses provided by the Government indicating further effect given to Articles 3(b), 7, 8, 10, 11(e) and (f), 15, 16(2), and 20 of the Convention. The Committee asks the Government to continue to provide information on legislative measures undertaken with regard to the Convention, and in particular those adopted to give effect to Article 4 of the Convention.

Article 2, paragraphs 2 and 3. Exclusion of limited categories of workers. The Committee notes that the Government has not provided further information on its exclusion of self-employed workers from the application of the Convention. The Committee reiterates its request that the Government provide information on the problems encountered with regard to applying safety and health measures to self-employed workers, and supply indications on progress made towards application of the Convention to all economic sectors, including self‑employed workers.

Article 3, subparagraph (e). Health, in relation to work, includes physical and mental elements. The Committee notes the Government’s statement that the Circular on procedures to diagnose and detect occupational disease (No. 12/2006/TT-BYT dated 10 November 2006) has been issued to identify whether a person has contracted an occupational disease. The Committee asks the Government to supply a copy of this Circular with its next report, and to indicate whether the physical and mental features affecting health directly linked to safety and health are covered.

Article 5, subparagraphs (a) and (b). Design of the material elements of work, and the relationships between them and the persons who carry out or supervise the work. The Committee notes the information stating that one of the projects under the National Programme on Labour Protection, Occupational Safety and Health for 2006–10 is to build the capacity of scientific and technological research and application on occupational safety and health, including an assessment of the current situation of working conditions, working environment and the use of personal protective equipment. The Committee asks the Government to provide further information on how the national policy takes into account 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, subparagraph (e). Protection of workers and their representatives. The Committee notes that the Government has not provided information with regard to the protection of workers and their representatives from disciplinary measures as a result of actions taken by them in conformity with the national policy. The Committee reiterates its request that the Government provide information on measures taken or envisaged to give effect to Article 5(e) of the Convention.

Article 11, subparagraphs (a) and (b). Determination of work conditions and work processes. The Committee notes the information indicating that Circular No. 04/2008/TT-BLDTBXH dated 27 February 2008 was issued to provide regulations and guidance on procedures to register and examine machines, equipment, and substances, which have strict occupational safety and health requirements. The Committee asks the Government to supply a copy of the abovementioned Circular with its next report, and to provide further information on measures undertaken or envisaged to give full effect to Article 11(a) and (b).

Article 12. Obligations on those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. The Committee notes the Government’s statement that the design, provision or transfer of machinery or substances for occupational use has been provided in relevant technical standards and procedures to ensure safety. The Committee asks the Government to provide further information on how each paragraph of Article 12 is given effect by the abovementioned technical standards and procedures, and to supply copies of the relevant standards with its next report.

Article 13. Protection of workers who remove themselves from situations of imminent and serious danger. The Committee notes the information provided by the Government indicating that section 16(2) of Decree No. 06/CP dated 20 January 1995 stipulates that workers have the right to refuse to work or leave the place where there is a risk of occupational accidents that pose a serious threat to their life and health. The Committee asks the Government to supply a copy of the abovementioned Decree, and to provide further information on the protection of such workers from undue consequences as a result of their actions.

Article 17. Collaboration between two or more undertakings. The Committee notes the Government’s statement that legislation on labour and occupational safety and health does not regulate the collaboration of two or more undertakings engaging in activities simultaneously at one workplace. The Committee requests the Government to take the necessary measures in law and practice to ensure collaboration in applying the requirements of this Convention whenever two or more undertakings engage in activities simultaneously at one workplace.

Article 19, subparagraphs (b), (c) and (e). Arrangements at the level of the undertaking. The Committee notes the information that the Inter-ministerial Circular on providing guidance on labour protection and business establishments (No. 14/1998/TTL-BLDTBXH-BYT-TLDLDVN dated 31 October 1998) requires enterprises to set up a labour protection council, which consists of representatives of workers and employers, to advise business owners about the plan on labour protection, measures to ensure occupational safety and health, improve working conditions and prevent occupational accidents and diseases in the enterprise. The Committee asks the Government to supply a copy of the abovementioned Circular with its next report, and to provide further information on measures taken or envisaged to ensure that representatives of workers cooperate with employers, and are given adequate information, on occupational safety and health at the workplace (Article 19(b) and (c)); and measures to enable workers or their representatives and, as the case may be, their representative organizations in an undertaking, in accordance with legislation, to inquire into and be consulted by the employer on all aspects of occupational safety and health associated with their work (Article 19(e)).

Part V of the report form. Application in practice. The Committee notes the information provided by the Government indicating the decrease in the number of serious and fatal accidents at work, and highlighting the high number of accidents occurring in the sectors of construction, mining, electricity and agriculture. The Committee also notes the information indicating that the majority of reported cases of occupational disease concern silica-induced lung diseases, deafness due to noise, and lead-poisoning induced diseases; and that the number of cases of occupational disease may be considerably higher than the number reported. The Committee welcomes the information concerning activities undertaken by the Government to promote awareness of occupational safety and health through advisory and awareness raising programmes in the mass media, and the holding of a National Week on Occupational Safety and Health. The Committee asks the Government to provide information on measures taken or envisaged to address the abovementioned issues, and to continue to provide information on the application of the Convention in practice.

The Committee reiterates its request that the Government supply the relevant texts referred to in its reports, including:

–           Act on public health care and protection, 1989;

–           Act on protection of the environment, 1994;

–           Law on chemicals, 2007;

–           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;

–           Decree No. 68/2005/ND-CP on chemical safety, 20 May 2005;

–           Circular No. 12/2006/TT-BCN guiding the implementation of Decree No. 68 on chemical safety, 20 May 2005.

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

The Committee notes with satisfaction the information provided by the Government indicating numerous recent legislative changes, as well as the Directive of the Prime Minister to adopt the National Programme on Labour Protection, Occupational Safety and Health for 2006–10 (No. 233/2006/QD-TTg dated 18 October 2006) and its follow-up guiding documents on occupational safety and health; and the Directive of the Prime Minister on Strengthening Labour Protection and Work Safety (No. 10/2008/CT-TTg dated 14 March 2008), which give further effect to Article 4 of the Convention. The Committee also notes that the latter Directive defines the responsibility of the Ministry of Labour, Invalids and Social Affairs to take the lead and cooperate with relevant ministries and government agencies to review, amend and adopt legal documents on labour protection and work safety, and to propose the development of the Law on Occupational Safety and Health. The Committee further notes the establishment of the National Council on Occupational Safety and Health by Decision No. 40/2005/QD-TTg dated 25 February 2005, composed of members of 12 relevant ministries and government agencies, and representatives of workers’ and employers’ organizations; as well as the adoption of other laws giving further effect to the provisions of the Convention, including the Circular on procedures to diagnose and detect occupational diseases (No. 12/2006/TT-BYT dated 10 November 2006); Circular No. 04/2008/TT-BLDTBXH dated 27 February 2008; the Law on Chemicals, 2007; Decree No. 68/2005/ND-CP on Chemical Safety, 20 May 2005; and Circular No. 12/2006/TT-BCN guiding the implementation of Decree No. 68 on Chemical Safety.

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

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

The Committee notes that the Government’s report contains no reply to 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:

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.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (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.

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

The Committee takes note of the short information provided in the Government's first report.

The Government is requested to supply full information relating to the application of the Convention. Please indicate in detail the provisions of national laws, regulations, statements or documents which give effect to each of the Articles of the Convention, and any other measures under which they are applied. Please provide any information specifically requested under individual Articles in the report form for this Convention. Please also specify what steps have been taken to implement the provisions of the Convention requiring action by the competent authority or authorities.