Guidelines for procedures for designation of labor mediators in Vietnam

Specifically, according to Article 93 of the Decree No 145/2020/NĐ-CP of Vietnam’s Government, procedures for designation of labor mediators are specified as follows:

1. 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.

2. 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.

3. Re-designation of labor mediators

- 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;

- 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;

- 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.

4. Provincial and district-level Departments of Labor, War Invalids and Social Affairs shall publish the list of labor mediators, including their names, operating areas, phone numbers and mailing addresses on their website and the media so they can be contacted by employers and employees.

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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