Procedures for initiating lawsuits to resolve labor disputes without mediation in Vietnam

Procedures for initiating lawsuits to resolve labor disputes without mediation in Vietnam(Artwork)

1. A lawsuit dossier to settle a labor dispute in Vietnam

A dossier of a lawsuit for settlement of a labor dispute includes, pursuant to Article 189 of the Code of Civil Procedure 2015:

- The petition has contents in accordance with regulations, enclosed with documents and evidence proving that their rights have been infringed; (Download petition HERE)

- Copy of ID card/CCCD/Passport;

- Family registration book (with a true copy);

- Documents related to labor relations, such as: labor contract, apprenticeship contract, disciplinary decision on dismissal or decision on termination of labor contract, minutes of meeting to consider employee discipline...

- If the employer initiates a lawsuit, he/she must submit additional documents on the legal status of the enterprise, such as investment license, business registration certificate, enterprise establishment decision, charter, labor rules, minutes of meeting to consider employee discipline,...

- A list of documents submitted together with the lawsuit petition (specify the number of originals and copies);

*Note: If the above documents in foreign languages, they must be translated into Vietnamese according to regulations before submission and attached with the original for comparison.

2. Procedures for initiating lawsuits to resolve labor disputes without mediation in Vietnam

(1) Initiating a lawsuit

Litigators shall submit their lawsuit petitions and the accompanied documents and/or evidences to Courts competent to settle their cases by the following modes:

- Direct submission at courts;

- Sending to Courts by post;

- Sending through e-portal of Courts (if any).

(2) Receipt and processing of petitions

Courts, via petition receiving divisions, must receive lawsuit petitions lodged by litigators directly or via post and must record them in the petition registers. If the petitions are sent through the e-portal, the Courts shall make printing copies of the petitions and must record them in the petition registers.

When receiving petitions that are submitted directly, Courts shall immediately issue the receiving slip for the litigators. For petitions sent by post, within 02 working days from the day on which the petitions are received, the Courts shall send the litigators notifications of the receipt of the petitions. If the petitions are sent through the e-portal, the Courts shall immediately notify the litigators of the receipt of the petitions via their e-portal (if any).

- Within 03 working days from the day on which the petitions are received, the Chief Justices of Courts shall assign one Judge to review the petitions.

- Within 05 working days from the day on which they are assigned, the Judges shall review the petitions and make one of the following decisions:

+ To request for amendment and/or supplementation of lawsuit petitions;

+ To carry out the acceptance procedures of the cases according to normal procedures or simplified procedures, if the cases are satisfied for resolution according to simplified procedures as prescribed in clause 1 Article 317 of this Code;

+ To transfer the lawsuit petitions to competent Courts and notify the litigators thereof if the cases fall under other courts' jurisdiction;

+ To return the lawsuit petitions to the litigators if such cases do not fall under the court's jurisdiction.

- Results of petition processing of the Judges prescribed in clause 3 of this Article must be recorded to the petition registers and notified to the litigators via the Courts’ e-portals (if any).

(According to Article 191 of the Code of Civil Procedure 2015)

(3) Acceptance of the case

- After receiving lawsuit petitions and accompanied materials and/or evidences, if deeming that the cases fall within the courts’ jurisdiction, the Judges shall immediately notify the litigators thereof so that they may come to Courts for carrying out procedures to advance the Court fees in cases where they are liable thereto.

- The Judges shall estimate the Court fee advance amounts, write them down on the notices and hand them to the litigators for payment of Court fee advances. Within 07 days as from the day on which the courts' notices on payment of Court fee advances are received, the litigators must pay such advances and submit the receipts for payment of Court fee advances.

Within 3 working days from the date of acceptance of the case, the court shall notify the disputing parties of the acceptance of the case and relevant agencies and organizations.

(According to Article 195 and Article 196 of the Code of Civil Procedure 2015)

(4) Assigning Judges to resolve the case

Within 03 working days from the day on which a case is accepted, the court's Chief Justice shall assign a Judge to resolve the case.

(According to Article 197 of the Code of Civil Procedure 2015)

(5) The litigant submits comments on the plaintiff's claim.

Within 15 days from the date of receipt of the notice of acceptance, the defendant and persons with related interests and obligations shall submit a written statement of their opinions on the plaintiff's claim, enclosed with documents and evidence to the judge.

(6) Case preparation for trial

The trial preparation time is 2 months from the date of acceptance by the Court.

For complicated cases or due to force majeure events or objective obstacles, the time limit for trial preparation may be extended but not exceed 1 month.

(According to Article 203 of the Code of Civil Procedure 2015)

(7) First instance trial of the case.

Within 01 month from the day on which the decision to bring the case to trial is issued, the Court must open a Court session. In case of good and sufficient reason, this time limit shall be 02 months.

(According to Clause 4, Article 203 of the Code of Civil Procedure 2015)

(8) Deliver and send the judgment to the parties

Within 10 days from the date the Court pronounces the judgment, the judgment will be delivered and sent to the involved parties, relevant agencies, organizations and individuals.

(9) Judgment in effect

If the judgment is not appealed or protested after 30 days from the date of pronouncement, the judgment will take legal effect.

(According to Article 17 of the Code of Civil Procedure 2015)

Thus, normally, the Court will need about 6 months to settle the labor dispute in Vietnam.

>> See more cases of resolve labor disputes directly at the Court without mediation in Vietnam HERE

Bao Ngoc

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE