State Labour Inspection - Vietnam

These are agencies of the Ministry of Labour, War Invalids and Social Affairs (MOLISA). Chapter XVI of the Labour Code deals with State Labour Inspection. These inspections include three broad categories: general labour inspection, inspection of occupational safety and inspection of occupational health (article 185 of the Labour Code). The inspections and the responsibilities for them are the following:

1. concerning working conditions, Technology and Occupational Safety Inspection (supported by MOLISA);

2. concerning health and safety at work, Local occupational safety inspection and Local occupational health inspection (supported by MOLISA and the Ministry of Health);

3. concerning industrial relations, Labour and Social Policies Inspection (supported by MOLISA);

4. concerning employment and vocational training, Labour and Social Policies Inspection (supported by MOLISA); and

5. concerning social security, Labour and Social Policies Inspection (supported by MOLISA and Vietnam Social Insurance (VSI).).

According to article 186 of the Labour Code, the duties of the State Labour Inspections are, inter alia, the following:

1. to carry out inspection of the compliance with statutory provisions on labour and occupational safety and health;

2. to inquire into occupational accidents and violations of prescribed standards on occupational health;

3. to approve the criteria and measures for occupational safety in feasibility studies and to issue licences for the use of machinery, equipment and materials meeting occupational safety requirements;

4. to participate in the examination and approval of measures for occupational health for new construction, expansion or transformation of premises for production, use, conservation and storage of radioactive materials and harmful substances;

5. to deal with grievances and complaints of the workers in respect of breaches of labour laws; and

6. to decide on sanctions against breaches of labour law.

The Decree on the Inspection and Control Work with regard to the Enterprises (Decree No. 61/1998/ND-CP) of 15 August 1998 stipulates that, when inspecting and controlling the enterprises, State agencies must strictly observe the function, competence and procedures stipulated by law and must ensure accuracy, objectivity, openness and democracy (article 2). The responsibility of enterprises to self-monitor implementation of the policies and legislation in its production and business activities is also underscored (article 5). Inspection and Control Programs and Plans are to be drawn up under the auspices of the State Inspector General (article 8). Finally, inspection procedures (articles 13 to 22), control procedures (articles 23 to 29), the rights and obligations of enterprises and responsibility of the State agencies in inspection and control activities (articles 30 to 36) are defined in the rest of this Decree.

According to article 22 of the Decree on Administrative Penalties for Labour Offences (Decree No. 38-CP) of 25 June 1996, the authority for imposition of penalties are the following:

1. Labour Inspectors (up to 200,000 dong);

2. Chief Labour Inspectors and Directors of the bodies in charge of State inspection of labour at the departmental level (up to 10 million dong);

3. Chief Labour Inspectors and Directors of the bodies in charge of State inspection of labour at the ministerial level (up to 20 million dong);

4. Chairmen of People’s Committees of provincial districts, communes, towns and cities (up to 10 million dong);

5. Chairmen of People’s Committees of provinces and cities under central authority (up to 100 million dong).

(For details on the penalty rates and on this Decree, see EEO Legislation).

Furthermore, the Circular on Labour Offences (Circular No. 01-TT-LDTBXH) of 6 January 1997 determines the procedures for imposition of penalties (article II), as well as for settlement of complaints launched by penalized organizations or individuals (article III).

Finally, we can note that, in 1996, 120 visits were made for a number of 253 infringements. They are carried out by Labour Inspectors whose powers and duties are defined in articles 187 to 190 of the Labour Code. Their decisions have executory force and must be implemented, but can be appealed to the competent authorities (article 190).