5 cases leading to dismissal of labor arbitrators in Vietnam

Specifically, according to Article 100 of the Decree No 145/2020/NĐ-CP of Vietnam’s Government, a labor arbitrator 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 98 of this Decree;

- The nominating authority submits a written request for discharge or replacement of the labor arbitrator;

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

- It is officially concluded that he/she fails to fulfill his/her duties for 02 years according to regulations of the labor arbitration council.

Procedures for discharging a labor arbitrator are

- In the cases of resignation letters, within 02 working days from the receipt of the resignation letter, the chairperson of the labor arbitration council shall submit a report to the Provincial Department of Labor, War Invalids and Social Affairs. Within 03 working days from the receipt of such report, the Department of Labor, War Invalids and Social Affairs shall request the President of the People’s Committee of the province to consider discharging the labor arbitrator;

- In other cases mentioned above, on the basis of reports sent by chairpersons of labor arbitration councils, Provincial Departments of Labor, War Invalids and Social Affairs shall discuss with nominating authorities and request the President of the People’s Committee of the province to consider discharging the labor arbitrators;

- Within 10 working days from the receipt of the request, the President of the People’s Committee shall issue the decision on discharging labor arbitrators.

View more details at the Decree No 145/2020/NĐ-CP of Vietnam’s Government, effective from February 01, 2021.

Le Vy

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