Vietnam: The time limit for issuance of decision on designation of labor arbitrators is 10 days

Specifically, according to Article 99 of the Decree No 145/2020/NĐ-CP of Vietnam’s Government, on the basis of the quantity of labor arbitrators in a labor arbitration council prescribed in Clause 2 Article 185 of the Labor Code of Vietnam, the standards and requirements specified in Article 98 of this Decree, the Provincial Confederation of Labor and employer representative organizations  in the province (nominating authorities) shall send labor arbitrator nomination documents to the Provincial Department of Labor, War Invalids and Social Affairs. Within 10 working days from the receipt of the documents from the nominating authorities, the Provincial Department of Labor, War Invalids and Social Affairs shall submit a consolidated report to the People’s Committee of the province for designation.

Note: The nomination of labor arbitrators shall comply with Point a Clause 2 Article 185 of the Labor Code of Vietnam.

Nomination documents include:

- The nomination paper;

- The candidate’s application form;

- The candidate’s résumé certified by a competent authority;

- The candidate’s 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.

Within 10 working days from the receipt of the report from the Department of Labor, War Invalids and Social Affairs, the President of the People’s Committee of the province shall issue a decision on designation of labor arbitrators.

Labor arbitrators have the same term of office as that of the labor arbitration council. In case of addition of a new labor arbitrator or replacement of a discharged labor arbitrator as prescribed in Article 100 of this Decree during the term of office of the labor arbitration council, the expiration date of the new labor arbitrator’s term of office of will be the same as that of the labor arbitration council.

At the end of the term of office, the labor arbitrators that still satisfy the standards and requirements specified in Article 98 of this Decree and are nominated by the authorities mentioned in Points a, b, c Clause 2 Article 185 of the Labor Code of Vietnam will be considered for re-designation following the procedures specified in this Article.

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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