Establishment and operation of arbitral tribunals in Vietnam

Specifically, according to Article 102 of the Decree No 145/2020/NĐ-CP of Vietnam’s Government, within 07 working days from the receipt of the request for labor dispute settlement as prescribed in Points a, b, c Clause 2 Article 101 of this Decree, the labor arbitration council shall establish a arbitral tribunal.

The composition of an arbitral tribunal is specified in Points a, b, c Clause 4 Article 185 of the Labor Code of Vietnam. In case either party or both parties fail to select labor arbitrators as prescribed in Point a Clause 4 Article 185 of the Labor Code, the chairperson of the labor arbitration council shall select the labor arbitrators on their behalf.

Note: In case the two selected labor arbitrators choose different persons for the position of chief of the arbitral tribunal as prescribed in Point b Clause 4 Article 185 of the Labor Code of Vietnam, the chairperson of the labor arbitration council will appoint the chief of the arbitral tribunal.

- If there is evidence that a labor arbitrator is not impartial and objective and may affect rights and interests of a disputing party, the disputing party is entitled to request the chairperson of the labor arbitration council to replace the labor arbitrator.

- Within 30 days from the establishment date, the arbitral tribunal shall:

+ Study the case files and collect evidence within the scope of their competence as prescribed in Article 183 of the Labor Code of Vietnam;

+ Hold the meeting to settle the dispute;

+ Issue the labor dispute settlement decision in accordance with Clause 5 Article 185 of the Labor Code of Vietnam and send it to the disputing parties.

• Such a decision shall contain the issuance date of the decision; names and addresses of the disputing parties; the dispute; the basis for settlement of the dispute; the solutions given by the arbitral tribunal; signatures of the chief of the arbitral tribunal and seal of the labor arbitration council.

• In case such a decision is not issued, the arbitral tribunal shall send a written notice to the disputing parties. In case violations of law are committed during settlement of a right-based collective labor dispute prescribed in Point b and Point c Clause 2 Article 179 of the Labor Code of Vietnam, the arbitral tribunal shall transfer documents to a competent authority for handling.

- Procedures for holding a labor dispute settlement meeting mentioned in Point b Clause 4 of this Article:

+ At least 05 days before the meeting is held, the arbitral tribunal shall send summons specifying the meeting time and location to the disputing parties;

+ When receiving the summons, the disputing parties shall inform the arbitral tribunal of their participation in the meeting. In case a party has justifiable reasons not to participate in the meeting at the time or location specified in the summons, it may request the arbitral tribunal to change the meeting time. The arbitral tribunal will make the final decision on change of meeting time and inform it to the parties;

+ The meeting shall be attended by representatives of the disputing parties or their authorized persons. In case a party is not present, even if such party’s request for change of meeting time is rejected, the arbitral tribunal still carries on the meeting;

+ During the meeting, the arbitral tribunal shall specify the issues raised by the parties and listen to the parties’ presentation. Minutes of the meeting shall bear signatures of every labor arbitrator and the disputing parties.

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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