Vietnam: Statute of limitations and time limit for disciplining within trade union

Vietnam: Statute of limitations and time limit for disciplining within trade union
Dương Châu Thanh

Decision 5130/QD-TLD on 12/8/2022 stipulating disciplining within trade union promulgated by the Vietnam General Confederation of Labor.

According to Vietnam's Decision 5130/QD-TLD, the statute of limitations and time limit for disciplining in trade union organizations are as follows:

- The statute of limitations for disciplinary action of trade unions shall be applied in accordance with current law.

- The time limit for disciplinary handling shall not exceed 90 days; (Previously, not more than 2 months ago).

If the case is of a complicated nature that requires examination time for further verification and clarification, the time limit for disciplinary handling may be extended but must not exceed 150 days. (Previously, not more than 4 months).

- Not included in the disciplinary handling time for:

+ The cases specified in Article 6 of Vietnam's Decision 5130/QD-TLD;

+ Time of investigation, prosecution, and trial (if any);

+ Time to make a complaint or initiate a lawsuit at the court about the disciplinary decision.

- In case it is not within the disciplinary handling competence of the Executive Board of the General Confederation, if the above time limit is exceeded, the disciplinary consideration shall be conducted at the nearest General Confederation Executive Committee meeting.

- After 12 months from the date of issuance of a disciplinary decision or a decision on settlement of a disciplinary complaint, if the cadre or union member does not re-offend or commits no new violations to the extent that disciplinary action must be taken, the disciplinary decision automatically ceases to be effective.

Vietnam's Decision 5130/QD-TLD takes effect from the date of signing and replaces Vietnam's Decision 493/QD-TLD 2017, Decision 1265/QD-TLD 2018.


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