Vietnam: Labor arbitration councils shall work within the premises of Provincial Departments of Labor, War Invalids and Social Affairs

Specifically, according to Article 103 of the Decree No 145/2020/NĐ-CP of Vietnam’s Government, labor arbitrators are entitled:

- An allowance of 5% of the average of applicable monthly minimum wage of all regions prescribed by the Government if he/she is working under a employment contract (from January 01, 2021, the region-based minimum wages prescribed in the Government’s Decree No. 90/2019/ND-CP dated November 15, 2019 shall apply) for each day of studying case files, collecting evidence and attending meetings to settle labor disputes as assigned. The People’s Committees of provinces may propose benefits that are higher than those specified in this Point to People’s Councils of the same provinces within the budget of their provinces;

- Be enabled by their employers to participate in labor arbitration councils and arbitral tribunals;

- Be paid as officials and public employees for participation in arbitral tribunals;

- Advanced training organized by competent authorities;

- Commendations for good performance of labor arbitrators’ duties according to the Law on Emulation and Commendation of Vietnam;

- Other benefits prescribed by law.

* Secretaries of the labor arbitration council will receive a responsibility allowance of 0,5 times the statutory pay rate specified in the Government’s Decree No. 204/2004/ND-CP. When the Government promulgates new salary policies under Resolution No. 27-NQ/TW, the new policies shall apply.

* Operating conditions of labor arbitrators, arbitral tribunals and labor arbitration councils:

- Provincial Departments of Labor, War Invalids and Social Affairs shall prepare working location, equipment, document, office supplies and other conditions serving operation of labor arbitrators, arbitral tribunals and labor arbitration councils;

- Labor arbitration councils shall work within the premises of Provincial Departments of Labor, War Invalids and Social Affairs;

- Funding for operation of labor arbitration councils shall be covered by the state budget and included in the annual budget for regular expenditures of the Ministry of Labor, War Invalid and Social Affairs. The management, use and reporting of state funding shall comply with regulations of law on state budget and their guiding documents.

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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