CORRESPONDENCE - 85A COMBINED REPORTS OF HUMAN RIGHTS IN VIETNAM 2012

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VIETNAM 48 are caring for a child under one year of age may not be compelled to work overtime, at night, or in locations distant from their homes. It was unclear how strictly the government enforced provisions for wages, hours, and benefits or the exceptions for certain female employees. MOLISA, in coordination with local people's committees and labor unions, is charged with enforcing the law, but enforcement was inadequate for many reasons, including low funding and a shortage of trained enforcement personnel. The VGCL asserted that authorities did not always prosecute violations. MOLISA acknowledged shortcomings in its labor inspection system, emphasizing that the country had an insufficient number of labor inspectors. There were approximately 140 general labor inspectors plus small numbers of additional inspectors focused on persons with disabilities, social insurance, export recruiting companies, etc. The VGCL stated, and MOLISA acknowledged, that low fines on firms for labor violations failed to act as an effective deterrent against violations. There were credible reports that factories exceeded the legal overtime thresholds and did not meet legal requirements for rest days. A September ILO report noted that 66 of 78 apparel factories did not comply with legal overtime limits. On-the-job injuries due to poor health and safety conditions and inadequate employee training in the workplace remained a problem. The mining and construction sectors reported the greatest number of occupational injuries. In the first six months of the year, there were 3,531 occupational accidents and 273 deaths. For example, in April a stone mining accident killed 18 workers in Nghe An Province. The company had been fined twice in the previous year for poor safety standards, and authorities arrested the owner after the April incident for violating safety regulations. At year's end prosecution proceedings had begun against the owner.