Are foreigners in Vietnam allowed to be labor mediators? What are cases of discharging labor mediators in Vietnam?

Are foreigners in Vietnam allowed to be labor mediators?

Pursuant to Article 92 of the Decree 145/2020/ND-CP stipulating labor mediator standards:

Labor mediator standards

A labor mediator shall:

1. Be a Vietnamese citizen; have full legal capacity as prescribed by the Labor Code, good health and moral qualities.

2. Have at least a bachelor’s degree and 03 years’ experience in a field relevant to labor relation.

3. Not be facing criminal prosecution; not have any unspent conviction.

As regulated above, 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.

Therefore, foreigners in Vietnam are not allowed to be labor mediators.

Are foreigners in Vietnam allowed to be labor mediators? What are cases of discharging labor mediators in Vietnam? - image from internet

What are procedures for selection and designation of labor mediators in Vietnam?

Pursuant to Clause 2 Article 93 of the Decree 145/2020/ND-CP stipulating procedures for selection and designation of labor mediators in Vietnam:

Step 1: Apply for selection 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;

Individuals can directly register or be referred to participate in the selection of labor mediators with the Department of Labor, War Invalids and Social Affairs or the 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).

Step 2: Review eligible individuals and reporting to the Department of Labor, War Invalids and Social Affairs.

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;

Step 3: Examine the application

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;

Step 4: Designate labor mediators

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 are cases of discharging labor mediators in Vietnam?

Pursuant to Clause 1 Article 94 of the Decree 145/2020/ND-CP, a labor mediator will be discharged in any the following cases:

- He/she submits a resignation letter;

- He/she no longer fully satisfies the standards prescribed in Article 92 of this Decree;

- He/she commits violations of law in a manner that infringes upon interests of either party or the State during performance of a labor mediator’s duties;

- It is officially concluded that he/she fails to fulfill his/her duties for 02 years according to the labor mediator management regulations;

- He/she refuses to perform mediation tasks at least 02 times when assigned to settle labor disputes or disputes over vocational training contracts without justifiable explanation according to the labor mediator management regulations.