What are the labor arbitrator standards in Vietnam? What is included in nomination documents of labor arbitrators in Vietnam?
What are the labor arbitrator standards in Vietnam?
Pursuant to the provisions of Article 98 of Decree No. 145/2020/ND-CP, the labor arbitrator standards are as follows:
- Be a Vietnamese citizen; have full legal capacity as prescribed by the Labor Code, good health, moral qualities, good reputation and sense of justice.
- Have at least a bachelor’s degree, understanding of law and at least 05 years of work in a field relevant to labor relations.
- Not be facing criminal prosecution or serving a sentence; not have any unspent conviction.
- Be nominated as a labor arbitrator by the Provincial Department of Labor, War Invalids and Social Affairs or Provincial Confederation of Labor as prescribed in Clause 2 Article 185 of the 2019 Labor Code.
- Not be a judge, prosecutor, investigator, executor or official of a court, the People’s Procuracy, investigation authority or judgment execution authority.
What are the labor arbitrator standards in Vietnam? What is included in nomination documents of labor arbitrators in Vietnam?
What is the number of labor arbitrators of the Labor Arbitration Council in Vietnam?
Pursuant to the provisions of Clause 2, Article 185 of the 2019 Labor Code of Vietnam as follows:
Labor Arbitration Council in Vietnam
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2. The President of the People’s Committee of the province shall decide the number of labor arbitrators which is at least 15. The number of labor arbitrators nominated by each party shall be equal. To be specific:
a) At least 05 labor arbitrators shall be nominated by the provincial labor authority. The chairperson and secretary shall be officials of the provincial labor authority;
b) At least 05 labor arbitrators shall be nominated by the provincial trade union;
c) At least 05 arbitrators shall be nominated the representative organizations of employees in the province.
Thus, the President of the People’s Committee of the province shall decide the number of labor arbitrators which is at least 15. To be specific:
- At least 05 labor arbitrators shall be nominated by the provincial labor authority. The chairperson and secretary shall be officials of the provincial labor authority;
- At least 05 labor arbitrators shall be nominated by the provincial trade union;
- At least 05 arbitrators shall be nominated the representative organizations of employees in the province.
What is included in nomination documents of labor arbitrators in Vietnam?
Pursuant to the provisions of Clause 3, Article 99 of Decree No. 145/2020/ND-CP, nomination documents of labor arbitrators include:
- The nomination paper;
- The candidate’s application form;
- The candidate’s résumé certified by a competent authority;
- The candidate’s health certificate issued by a competent health authority as prescribed by the Ministry of Health;
- Copies of relevant qualifications that are extracted, authenticated or enclosed with the original copies.
What are the procedures for designation of labor arbitrators in Vietnam?
Pursuant to the provisions of Article 99 of Decree No. 145/2020/ND-CP stipulating the procedures for designation of labor arbitrators as follows:
(1) On the basis of the quantity of labor arbitrators in a labor arbitration council prescribed in Clause 2 Article 185 of the 2019 Labor Code, the standards and requirements specified in Article 98 of Decree No. 145/2020/ND-CP, the Provincial Confederation of Labor and employer representative organizations in the province (nominating authorities) shall send labor arbitrator nomination documents to the Provincial Department of Labor, War Invalids and Social Affairs.
(2). Within 10 working days from the receipt of the documents from the nominating authorities, the Provincial Department of Labor, War Invalids and Social Affairs shall submit a consolidated report to the People’s Committee of the province for designation.
The nomination of labor arbitrators shall comply with Point a Clause 2 Article 185 of the 2019 Labor Code.
(3) Within 10 working days from the receipt of the report from the Department of Labor, War Invalids and Social Affairs, the President of the People’s Committee of the province shall issue a decision on designation of labor arbitrators.
Labor arbitrators have the same term of office as that of the labor arbitration council.
In case of addition of a new labor arbitrator or replacement of a discharged labor arbitrator as prescribed in Article 100 of Decree No. 145/2020/ND-CP during the term of office of the labor arbitration council, the expiration date of the new labor arbitrator’s term of office of will be the same as that of the labor arbitration council.
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