Competence and procedures to settle right-based collective labor disputes in Vietnam

Competence and procedures to settle right-based collective labor disputes in Vietnam (Internet image)

1. Competence to settle right-based collective labor disputes in Vietnam

Competence to settle right-based collective labor disputes is specified in Article 191 of the Labor Code 2019 as follows:

- The following agencies, organizations and individuals have the competence to settle right-based collective labor disputes:

= Labor mediators;

= Labor Arbitration Councils;

= The People’s Court.

- Right-based labor disputes shall be settled through mediation by labor mediators before being brought to the Labor Arbitration Council or the Court.

2. Time limits for requesting settlement of right-based collective labor disputes in Vietnam

The time limits for requesting settlement of right-based collective labor disputes is as follows:

- The time limit to request a labor mediator to settle a right-based collective labor dispute is 06 months from the date on which a party discovers the act of infringement of their lawful rights.

- The time limit to request a Labor Arbitration Council to settle a right-based collective labor dispute is 09 months from the date on which a party discovers the act of infringement of their lawful rights.

- The time limit to bring a right-based collective labor dispute to the Court is 01 year from the day on which a party discovers the act of infringement of their lawful rights.

3. Procedures for settlement of right-based collective labor disputes in Vietnam

- Procedures for the mediation of collective labor disputes are the same as the procedures specified in Clauses 2, 3, 4, 5 and 6 Article 188 of the Labor Code 2019.

= The Labor Arbitration Council shall complete the mediation process within 05 working days from the receipt of the request from the disputing parties or the authority mentioned in Clause 3 Article 181 of the Labor Code 2019.

= Both disputing parties must be present at the mediation meeting. The disputing parties may authorize another person to attend the mediation meeting.

= The labor mediator shall instruct and assist the parties to negotiate with each other.

In case the two parties reach an agreement, the labor mediator shall prepare a written record of successful mediation which bears the signatures of the disputing parties and the labor mediator.

In case the two parties do not reach an agreement, the labor mediator shall recommend a mediation option for the disputing parties to consider. In case the parties agree with the recommended mediation option, the labor mediator shall prepare a written record of successful mediation which bears the signatures of the disputing parties and the labor mediator.

Where the two parties do not agree with the recommended mediation option or where one of the disputing parties is absent for the second time without a valid reason after having been legitimately summoned, the labor mediator shall prepare a record of unsuccessful mediation which bears the signatures of the present disputing parties and the labor mediator.

= Copies of the record of successful mediation or unsuccessful mediation shall be sent to the disputing parties within 01 working day from the date on which it is prepared.

= In case a disputing party fails to adhere to the agreements specified in the record of successful mediation, the other party may request a Labor Arbitration Council or the Court to settle the case.

If violations of law is found during settlement of the disputes mentioned in Point b and Point c Clause 2 Article 179 of the Labor Code 2019, the labor mediator shall prepare a record and transfer the documents to a competent authority for settlement as prescribed by law.

- In case the mediation is unsuccessful or the labor mediator fails to initiate the mediation by the deadline specified in Clause 2 Article 188 of the Labor Code 2019, the disputing parties may:

= Request the Labor Arbitration Council to settle the dispute in accordance with Article 193 of the Labor Code 2019; or

= Request the Court to settle the dispute.

Diem My

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