1. 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

2. 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

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

4. 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

5. 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

6. 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

7. 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

8. 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

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

10. PART 2: LABOR INSPECTION IN VIETNAM

11. 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

12. 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

13. 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

14. 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

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

16. 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

17. 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

18. 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

19. 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
2007
4986
19763
2008
5695
22976
2009
3146
20134

20. LABOR INSPECTOR RECRUITMENT AND TRAINING
2 FORMS
EXAMINIATION
ADMISSION

21. 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

22. 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

23. 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

24. 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

25. 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

26. 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

27. 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

28. THANK YOU