Vietnam: Authority to handle complaints in the field of labor

The regulation on authority to handle complaints in the field of labor is a notable content of Decree No. 24/2018/NĐ-CP of Vietnam’s Government. To be specific:

Depending on each complaint, different competent agencies will handle the complaint.

Authority to handle complaints related to labor, and occupational safety and hygiene

- Employers shall have the power to handle complaints for the first time with regard to complaints against their decisions on or acts of labor or occupational safety and hygiene.

- Chief Inspector of Department of Labour, War Invalids and Social Affairs of province where the employer’s head office is located shall have the power to handle complaints related to labor or occupational safety and hygiene for the second time in case the complainant disagrees with the first-time complaint handling decision or over the time limit, the complaint remains unhandled.

- Authority to handle complaints about occupational accident investigation shall follow provisions set forth in Article 17 of Decree No. 39/2016/NĐ-CP of Vietnam’s Government detailing the implementation of some articles of the Law on occupational safety and sanitation.

Authority to handle occupational education-related complaints

- Heads of vocational education institutions shall have the power to handle complaints against their decisions or acts for the first time.

- Each Director of Provincial Department of Labour, War Invalids and Social Affairs shall have the power to handle complaints against vocational education institutions to whom it issued certificates of vocational education registration for the second time; the Director General of the Directorate of Vocational Education and Training shall have the power to handle complaints against vocational education institutions to whom it issued certificates of vocational education registration for the second time.

Authority to handle Vietnamese guest worker-related complaints

- Heads of organizations providing Vietnamese guest worker programs shall have the power to handle complaints against their decisions or acts for the first time.

- The Director of the Department of Overseas Labour shall have the power to handle Vietnamese guest worker-related complaints for the second time in case the complainant disagrees with the first-time complaint handling decision or over the time limit, the complaint remains unhandled.

Authority to handle employment-related complaints

- Heads of employment service providers (including employment service centers and enterprises) and heads of organizations conducting examination and issuance of national-level vocational certificates shall have the power to handle complaints against their decisions or acts for the first time.

- Each Director of Department of Labour, War Invalids and Social Affairs of province where the head office of the employment service provider, or of the organization conducting examination and issuance of national-level vocational certificates, is located shall have the power to handle employment-related complaints for the second time in case the complainant disagrees with the first-time complaint handling decision or over the time limit, the complaint remains unhandled.

View regulations on authority to handle complaints at Decree No. 24/2018/NĐ-CP of Vietnam’s Government, effective from April 15, 2018.

-Thao Uyen-

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