Vietnam: May employees give their comments on the procedures for sanctions against breach of labor disciplines before the state enterprise comes to its final decision?

Main Content

• May employees in Vietnam give their comments on the procedures for sanctions against breach of labor disciplines before the state enterprise comes to its final decision?
• What are the forms of giving comments on the procedures for sanctions against breach of labor disciplines by employees at a state enterprise in Vietnam?
• Who is responsible for conducting employee comment on the procedures for sanctions against breach of labor disciplines in Vietnam?

May employees in Vietnam give their comments on the procedures for sanctions against breach of labor disciplines before the state enterprise comes to its final decision?

According to Point d, Clause 1, Article 71 of the Law on Implementation of Grassroots-level Democracy 2022:

Matters subject to employees’ comments

1. Matters subject to employees’ comment before the state enterprise comes to its final decision shall be comprised of the following:

a) Formulation, revision and modification of internal rules, regulations and other documents of the enterprise relating to the obligations, legitimate rights and interests of each employee;

b) Formulation, revision and modification of the pay scale, table and labor norms;

c) Management of implementation of solutions for improvement of working condition, environmental protection, fire safety; corruption and misconduct prevention and control;

d) Draft internal processes and procedures relating to settlement of labor disputes, sanctions against breach of labor disciplines, physical responsibilities and other matters relating to rights and obligations of employees that the enterprise consults with;

dd) Draft regulations on the implementation of democracy of the enterprise;

e) Other matters relating to rights and obligations of employees prescribed in law and regulations on implementation of democracy within the enterprise.

Thus, employees in Vietnam may give their comments on the procedures for sanctions against breach of labor disciplines before the state enterprise comes to its final decision.

What are the forms of giving comments on the procedures for sanctions against breach of labor disciplines by employees at a state enterprise in Vietnam?

According to Article 72 of the Law on Implementation of Grassroots-level Democracy 2022:

Forms of employee’s comment

Based on the characteristics, nature of activities and contents of the employee comment, employees at a state enterprise may give their comments through one or several of the following forms:

1. Directly or with the help of the head directly in charge of the unit or department of an enterprise, giving their comments or opinions;

2. Through the employee representation organization or group of representatives to the employee meeting;

3. Through the dialogue at the enterprise;

4. Giving their comments or opinions via the feedback mailbox, hotline, internal information system, web portal or website of the enterprise;

5. Others that are not in contravention of laws and are prescribed in regulations on implementation of democracy at the enterprise.

Thus, employees at a state enterprise may give their comments on the procedures for sanctions against breach of labor disciplines through one or several of the following forms:

- Directly or with the help of the head directly in charge of the unit or department of an enterprise, giving their comments or opinions;

- Through the employee representation organization or group of representatives to the employee meeting;

- Through the dialogue at the enterprise;

- Giving their comments or opinions via the feedback mailbox, hotline, internal information system, web portal or website of the enterprise;

- Other forms that are not in contravention of laws and are prescribed in regulations on implementation of democracy at the enterprise.

Who is responsible for conducting employee comment on the procedures for sanctions against breach of labor disciplines in Vietnam?

According to Clause 1, Article 74 of the Law on Implementation of Grassroots-level Democracy 2022:

Responsibilities for conducting employee comment

1. The leadership of a state enterprise shall be responsible for conducting an opinion poll to collect comments and opinions from employees on the matters specified in Article 71 of this Law; directing the receipt and consolidation of opinions and feedback from employees; studying, handling and responding to the opinions of participants, and announce explanations, clarifications or responses to employees.

2. The Executive Committee of the Trade Union and other employee representation organization (if any) of the enterprise shall cooperate in conducting an opinion poll; supervise the employee consultation process, the results of explanation and response to and implementation of the issues on which staff members comment; consult before the head of the workplace decides to impose regulations on implementation of democracy within the workplace.

3. Party communist members, Trade Union members and employees within a state enterprise shall have the responsibility to play active roles in contributing and giving opinions or comments to enterprises in order to better ensure the rights and interests of employees; build a harmonious and stable labor relationship; and contribute to the sustainable development of enterprises; monitoring, evaluating and supervising the consolidation, explanation and acceptance of opinions on the matters that have been tabled for employee comments, and the process of implementation of decisions related to these matters.

Thus, the leadership of a state enterprise is responsible for conducting employee comment on the procedures for sanctions against breach of labor disciplines in Vietnam.