What are the standards of labor mediators in Vietnam? What are the procedures for designation of labor mediators in Vietnam?
What are the standards of labor mediators in Vietnam?
Pursuant to the provisions of Article 92 of Decree No. 145/2020/ND-CP stipulating the standards of labor mediators as follows:
A labor mediator shall:
- Be a Vietnamese citizen; have full legal capacity as prescribed by the Labor Code, good health and moral qualities.
- Have at least a bachelor’s degree and 03 years’ experience in a field relevant to labor relation.
- Not be facing criminal prosecution; not have any unspent conviction.
What are the standards of labor mediators in Vietnam? What are the procedures for designation of labor mediators in Vietnam?
What are the procedures for designation of labor mediators in Vietnam?
Pursuant to the provisions of Article 93 of Decree No. 145/2020/ND-CP stipulating the procedures for designation of labor mediators as follows:
Preparation of the plan for selection and designation of labor mediators
- In the first quarter every year, each district-level Department of Labor, War Invalids and Social Affairs shall review the demand for conciliators in its district and submit a plan to the Provincial Department of Labor, War Invalids and Social Affairs before March 31;
- Each Provincial Department of Labor, War Invalids and Social Affairs shall consolidate the plans sent by the district-level Departments of Labor, War Invalids and Social Affairs into a province-level plan and submit it to the President of the People’s Committee of the province for approval.
Procedures for selection and designation of labor mediators
- On the basis of the plan approved by the President of the People’s Committee of the province, the Department of Labor, War Invalids and Social Affairs shall issue a public notification of selection of labor mediators through its website and the media and send it to district-level Departments of Labor, War Invalids and Social Affairs for cooperation;
- By the deadline specified in the notification, applicants, candidates nominated by state agencies, political organizations, socio-political organizations and other organizations shall submit the applications to the provincial or district-level Department of Labor, War Invalids and Social Affairs.
An application shall consist of:
+ The application form; the applicant's résumé certified by a competent authority;
+ A 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;
+ Letter of introduction (if any);
- Within 05 working days from the deadline specified in the notification, the district-level Department of Labor, War Invalids and Social Affairs shall compile and send a list of qualified candidates to the Provincial Department of Labor, War Invalids and Social Affairs;
- Within 10 working days from the receipt of the list, the Provincial Department of Labor, War Invalids and Social Affairs shall examine the applications, including those it directly receives, compile a list of selected labor mediators and their positions and submit it to the President of the People’s Committee of the province for designation;
- Within 05 working days from the receipt of the list from the Provincial Department of Labor, War Invalids and Social Affairs, the President of the People’s Committee shall consider designating the labor mediators.
A labor mediator has a term of office of up to 05 years.
What is the time limit for submission of applications for re-designation if the labor mediators wish to continue holding the position of a labor mediator?
Pursuant to the provisions of Clause 3, Article 93 of Decree No. 145/2020/ND-CP stipulating as follows:
Procedures for designation of labor mediators
...
3. Re-designation of labor mediators
a) At least 03 months before the end of the term of office, the labor mediators that wish to continue holding the position of a labor mediator shall submit their applications for re-designation to the Provincial Department of Labor, War Invalids and Social Affairs;
b) On the basis of the annual plan for selection and designation of labor mediators approved by the President of the People’s Committee of the province and the labor mediators’ performance, within 10 working days from the receipt of the applications, the Provincial Department of Labor, War Invalids and Social Affairs shall submit a document to the President of the People’s Committee of the province;
c) Within 05 working days from the receipt of the document from the Provincial Department of Labor, War Invalids and Social Affairs, the President of the People’s Committee shall consider re-designating these labor mediators if they are still qualified.
According to the above provisions, at least 03 months before the end of the term of office, the labor mediators that wish to continue holding the position of a labor mediator shall submit their applications for re-designation to the Provincial Department of Labor, War Invalids and Social Affairs.
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