SOME LEGAL REGULATIONS ON LABOUR INSPECTION IN ASEAN AND LABOUR INSPECTION SYSTEM IN VIETNAM MA. Nguyễn Văn Tiến Director of Ministry Inspectorate – Ministry of Labour, Invalids and Social Affairs - Vietnam

Content of the presentation The presentation consists of two parts: Part 1: An overview of ASEAN labour inspection legal systems (through comparative study on labour laws of AMS and somg ILO’s Convention Part 2: Vietnam labour inspection system Part 3: Some recommendations

Part 1: An overview on labour inspection legal system in ASEAN 1. International labour standards 2. Regulations in ASEAN Member States

1. International labour inspection standards Labour Inspection System International labour inspection standards: Protocol No 1945 Recommendation No 88 in 1947ăm 1947 Convention No.81 which was ratified by Vietnam, Singapore, Malaysia and Indonesia Recommendation No.133 in 1969 Convention No 129

International labour inspection standards : Main contents: Function: two key functions: enforcement and advice and prevention. Structure: Labour inspection functions as a system under the supervision and observation of a central agency. Powers: Labour inspectors, investigators, if necessary conduct civil proceeedings towards violators and the powers of inspectors are supported by enforcement and sanctions

Legal Documents regulating labour inspection 2. REGULATIONS IN AMS Legal Documents regulating labour inspection Myanma, Malayxia, Singapore Have separate law on labor inspection Việt Nam, Campuchia, Lào, Indonexia Have no seperate law but regulated in the Labor Code and general law on inspection

Model (genaral and sectoral) Inspection system General inspection Model Combined inspection Model (genaral and sectoral) Việt Nam Lào Myanmar Campuchia Indonesia Philippines Thái Lan Singapore Malaysia Brunei

Decentralized Inspection system from Central to Local ORGANIZING STRUCTURE OF LABOR INSPECTION Decentralized Inspection system from Central to Local Việt Nam, Thái Lan, Indonesia, Campuchia, Lào Local inspection system, integrating under Central inspection agency and Independently with local authorities Philippines, Malaysia, Singapore

Functions of inspectors All AMS apply law enforcement. Advice and prevention are implemented differently in different countries.

PART 2: LABOR INSPECTION IN VIETNAM

Labor Inspection – related legal documents in Vietnam Labor Code in 1994, revised and supplemented in 2002, 2006, 2007 Law on Inspection in 2004 Law on sending Vietnamese workers to work overseas under contract Law on Social Security

International Conventions and participation to IALI Convention No. 81 of ILO on labor inspection in industry and commerce, Vietnam rafified in 1994. Entered IALI on 1 January 2009 and became associate member in 2005

History of Vietnam labor inspection and structure 1945 Establishment of labour inspection trước 2003 In Ministry and DOLISA exist 2 directorates: labor policy inspectors and labor safety technique and protection Labor Hygiene is under the control of Ministry of Health. 2003-nay Integrated labor inspection have three areas: labor policies, OSH In MOLISA: Ministry Inspectorate In DOLISA: Provincial inspectorate

Total number of inspectors: 50. ORGANIZATION OF MINISTRY INSPECTORATE MINISTER (VICE MINISTER IN MISSION) DIRECTOR OF MINISTRY INSPECTORATE Deputy Director 1 Deputy Director 2 Deputy Director 3 Directorate of General Affairs and administrative inspection 5 specilized directorates: Labor Policies, OSH, National Devotees, Complaints and Denunciations, Children and Social Affairs Total number of inspectors: 50. Accounting

Inspection in the field of labour Directorate of labor policy inspection Directorate of OSH Comprehensive inspection on the implementation Of labour law

Local labour inspection mechanism In 63 provinces and cities directly under central government, there are 62 labor inspection agencies. The inspectors in each agency are from 2 to 50

Nation-wide inspectors Before 2008 From 300 to 500 inspectors From the end of 2008 to March 2010 Increased but mainly in big cities as Ho Chi Minh, Dong Nai From 400 to 497 inspectors

Functions of Vietnam labour inspectors Ensure the implementation of labor law in: labor policies, OSH. Provide information and advise the best law complience and technical instruction Recommend the revision and development of labor legal system

The inspection result during 2006-2009  Year The number of enterprises to be inspected The number of legal violation The amount of fines 2006 5505 18778 4580.78 2007 4986 19763 5325.95 2008 5695 22976 8798.43 2009 3146 20134 5453.45

LABOR INSPECTOR RECRUITMENT AND TRAINING 2 FORMS EXAMINIATION ADMISSION

Appllied to persons who are not civil servants Civil servant recruiting examination to be appointed inspectors after 1 year of probation and 2 year of working During 3 working year, experience 2 compulsory course: one 3-month course on state management and one 2-month course on basic inspection work. Besides, to be trained in foreign languages, information tech and other sector-related courses Examination Appllied to persons who are not civil servants

Applied to persons who are civil servants Admission to be accepted and given task at the inspection agency to be appointed inspector after 1 year of working at inspection agency must be granted with certificates of the same 2 training course as in case of examination Applied to persons who are civil servants

THE CHALLENGES AND DIFFICULTIES THAT VIETNAMESE LABOUR INSPECTORS ARE FACING WITH the number of inspectors can not meet the demand of inspection and supervision at the enterprise and are not stable the inspectors mainly gain knowledge and technique through practice and sharing from experienced inspectors, without an integrated traning program. the increased number of enterprises and forms of enterprises in all economic sectors

labor law violation booms THE CHALLENGES AND DIFFICULTIES THAT VIETNAMESE LABOUR INSPECTORS ARE FACING WITH labor law violation booms unstable industrial relations and the role of workers’ representatives is not promoted international and regional integration cause impacts to the field of labor and labor movement in the region and all over the world

SOME SOLUTIONS FOR VIETNAMESE LABOR INSPECTORS Increase the number of inspectors, especially in provinces, where there are a huge number of workers. Develop plans of training labor inspectors with three skills: labor policy inspection, OSH inspection skill Develop the models of inspection and specific measures in order to quickly supervise the implementation of labor law at enterprises

SOME SOLUTIONS FOR VIETNAMESE LABOR INSPECTORS Develop periodical, sectoral priority plans in order to introduce the targets of reducing labor law violation. Enhance the role of tripartite parties in in promoting industrial relations, in which labour inspectors have the role of providing information, skills to assist employers and employees to comply best with labor law. Strengthen regional and international cooperation to share information and experience in labor inspection

RECOMMENDATIONS FOR ASEAN LABOUR INSPECTION Establish annual labor inspection forum in order to exhange, discuss the experiences in labor inspectcion Continue to study the good models such as: organizing, activating and training models Use ILO’s conventions on labor inspection as standards towards building common framework of labor inspection in ASEAN

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