Vietnam: The labor arbitration council has a working term of 05 years

Specifically, according to Article 101 of the Decree No 145/2020/NĐ-CP of Vietnam’s Government, the establishment of labor arbitration councils are carried out as follows:

- The President of the People’s Committee of the province shall issue the decision on establishment of the labor arbitration council with a term of office of 05 years. The labor arbitration council shall consist of labor arbitrators who are designated in accordance with Article 99 of this Decree. To be specific:

+ The chairperson of the labor arbitration council shall be a high-ranking officer of the Provincial Department of Labor, War Invalids and Social Affairs and will work on a part-time basis;

+ Secretaries of the labor arbitration council shall be officials of the Provincial Department of Labor, War Invalids and Social Affairs and will work on a full-time basis;

+ Other members of the council are labor arbitrators who work on a part-time basis;

+ Each labor arbitration council has its own seal.

- Responsibilities of a labor arbitration council:

+ Settle labor disputes in accordance with Articles 189, 193 and 197 of the Labor Code of Vietnam;

+ Settle collective labor disputes at the workplaces where strikes are prohibited as prescribed in Section 3 of this Chapter;

+ Settle other labor disputes prescribed by law;

+ Assist in development of labor relations in its province in accordance with its regulations;

+ Submit annual performance reports to the President of the People’s Committee of the province, the Department of Labor, War Invalids and Social Affairs, Confederation of Labor and employer representative organizations of the same province.

- Responsibilities of the chairperson of a labor arbitration council:

+ Promulgate the regulations of the labor arbitration council after consulting with the Department of Labor, War Invalids and Social Affairs, Confederation of Labor and employer representative organizations of the same province;

+ Assign specific tasks to labor arbitrators and manage activities of the council;

+ Issue decisions on establishment of arbitral tribunals; participate in the performance of duties of arbitral tribunals prescribed in Article 102 of this Decree;

+ Chair annual meetings of the council to evaluate each labor arbitrator according to regulations of the council; submit reports to the President of the People’s Committee of the province.

- Responsibilities of secretaries of a labor arbitration council:

+ Perform administrative and logistics tasks serving operation of the council;

+ Assist the council in preparing its operating plans, holding labor dispute settlement meetings of arbitral tribunals;

+ Receive requests for settlement of labor disputes; provide consultation for the chairperson regarding establishment of arbitral tribunals;

+ Participate in and perform duties of arbitral tribunals prescribed in Article 102 of this Decree;

+ Classify and retain labor dispute documents as per regulations;

+ Perform other tasks assigned by the chairperson and those specified in regulations of the council.

- Responsibilities of labor arbitrators:

+ Participate in and perform duties of arbitral tribunals prescribed in Article 102 of this Decree;

+ Perform other tasks specified in regulations of the council and assigned by the chairperson.

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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