Vietnam: Presidents of the People’s Committees of provinces shall designate labor mediators

Specifically, according to Article 97 of the Decree No 145/2020/NĐ-CP of Vietnam’s Government, the management of labor mediators are as follows:

- The Ministry of Labor, War Invalid and Social Affairs of Vietnam shall:

+ Promulgate or propose promulgation of legislative documents on labor mediators;

+ Provide information and guidance; carry out inspection and supervision of implementation of labor mediation laws;

+ Formulate and run advanced training programs for labor mediators.

- Presidents of the People’s Committees of provinces shall:

+ Designate, re-designate, discharge and manage labor mediators in their provinces. In provinces with a high number of labor disputes, full-time labor mediators who work under the management of Provincial Departments of Labor, War Invalids and Social Affairs may be designated. Full-time labor mediators shall participate in settlement of labor disputes, disputes over vocational training contracts; assist in development of labor relations; assist the Provincial Department of Labor, War Invalids and Social Affairs  in management of labor mediation in their provinces. The standards for selection and designation of full-time labor mediators and duties thereof shall comply with regulations on management of labor mediators;

+ Promulgate regulations on management of labor mediators; assign labor mediator management tasks to provincial and district-level Departments of Labor, War Invalids and Social Affairs;

+ Preside over the formulation and implementation of policies on benefits and commendations for labor mediators as per regulations.

- Provincial Departments of Labor, War Invalids and Social Affairs shall:

+ Formulate and propose regulations on management of labor mediators to Presidents of the People’s Committees of provinces;

+ Advise and assist Presidents of the People’s Committees of provinces in management of labor mediators in their provinces;

+ Prepare and implement the plan for selection and designation of labor mediators

+ Assign mediation tasks to labor mediators under their management; ensure working conditions of labor mediators; evaluate their performance; provide benefits and commendations for labor mediators as per regulations; manage documents about labor mediators, disputes and relevant documents;

+ Take charge and cooperate with specialized units of the Ministry of Labor, War Invalid and Social Affairs in providing advanced training for labor mediators in their provinces;

+ Carry out inspection and supervision of labor mediation as prescribed by law;

+ Submit annual labor mediation reports to the President of the People’s Committee of the province and the Ministry of Labor, War Invalid and Social Affairs of Vietnam.

- District-level Departments of Labor, War Invalids and Social Affairs shall:

+ Manage labor mediators in their districts;

+ Prepare and implement annual plans for selection and designation of labor mediators in their districts;

+ Assign mediation tasks to labor mediators under their management; ensure working conditions of labor mediators; evaluate their performance; provide benefits and commendations for labor mediators as per regulations; retain documents about the disputes and relevant documents;

+ Have labor mediators to advanced training programs organized by the Ministry of Labor, War Invalid and Social Affairs and the Provincial Department of Labor, War Invalids and Social Affairs;

+ Submit annual reports on labor mediation in their provinces to the Provincial Department of Labor, War Invalid and Social Affairs.

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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