Forms of complaint on labor in Vietnam 2023

Forms of complaint on labor in Vietnam 2023 (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Forms of complaint on labor in Vietnam 2023

According to Article 6 of Decree 24/2018/ND-CP, the forms of complaint on labor in Vietnam include:

- A complaint may be made either in writing or orally. To be specific:

+ If a complaint is made in writing, the written complaint must clearly state the date of complaint, name and address of the complainant, name and address of the defendant, contents of or reasons for filing the complaint, documents used in the complaint (if any) and the complainant's expectations. The complainant is required to append his/her signature or fingerprints to this written complaint;

+ If an oral complaint is made, the person receiving the complaint shall instruct the complainant to make a written complaint or make a written record of the complaint with required details prescribed in Point a of Clause 1 Article 6 of Decree 24/2018/ND-CP and request the complaint to append his/her signature or fingerprints to the written record of the complaint.

- If two or more people file complaint about the same content, the complaint shall be made as follows:

+ If a written complaint is made, it must include details prescribed in Point a Clause 1 of Article 6 of Decree 24/2018/ND-CP, and bear signatures of all complainants who shall authorize a person to act as their representative to meet with the complaint handler as requested;

+ If oral complaints are made, the competent authority shall receive and request complainants to appoint a representative to state contents of the complaint; the person receiving the complaint shall make a written record of the complaint with details prescribed in Point a Clause 1 of Article 6 of Decree 24/2018/ND-CP and request the representative to append his/her signature or fingerprints to this written record.

- If a complaint is submitted by a representative, this representative is required to provide documents proving his/her capacity as a representative and carry out procedures for filing a complaint in accordance with regulations herein.

2. Rights and duties of complainants in Vietnam

Rights and duties of complainants in Vietnam under Article 10 of Decree 24/2018/ND-CP are as follows:

- A complainant shall be entitled to:

+ Lodge a complaint by himself/herself or through an authorized representative;

+ Personally attend or authorize his/her legal representative to attend talks;

+ Access, read or make copies of documents and evidences obtained by the complaint handler during the complaint handling, except information and documents which are classified as state secrets or personal privacy of the complainant as regulated by applicable laws;

+ Request relevant individuals/ authorities/ organizations to provide information and documents concerning the matters of the complaint within 05 working days from the receipt of the complainant's request, and then transfer them to the complaint handler, pay in registration and accuracy, except those classified as state secrets or personal privacy of the complainant as regulated by applicable laws;

+ Request the complaint handler to adopt emergency measures for preventing unexpected consequences that may arise from the implementation or performance of decision or acts against which the complaint is filed;

+ Provide evidences about the complaint and explanations for such evidences;

+ Reclaim legitimate rights and interests violated because of the implementation or performance of decision or acts against which the complaint is filed;

+ Claim compensation for damage as per the laws;

+ Withdraw the complaint as regulated in Article 8 of Decree 24/2018/ND-CP;

+ Make the second-time complaint;

+ Bring the case to the court in accordance with regulations set forth in Clause 2 of Article 10 of Decree 24/2018/ND-CP.

- Right to file lawsuits in Court

+ The complainant is entitled to file a lawsuit in the Court in accordance with regulations of the Code of civil procedures in the following circumstances:

++ There are grounds for presuming that the decision or acts of the employer, of the organization or individual participating in vocational education, or of the enterprise or state organization providing Vietnamese guest worker program are unlawful and infringe the complainant’s legitimate rights and interests;

++ The complainant does not agree with the first-time complaint handling decision as regulated in Article 23 of Decree 24/2018/ND-CP;

++ Over the time limit prescribed in Article 20 of Decree 24/2018/ND-CP, the first-time complaint remains unhandled.

+The complainant is entitled to file a lawsuit in the Court in accordance with regulations of the Code of administrative procedures in the following circumstances:

++ The complainant does not agree with the second-time complaint handling decision as regulated in Article 31 of Decree 24/2018/ND-CP;

++ Over the time limit prescribed in Article 28 of Decree 24/2018/ND-CP, the second-time complaint remains unhandled.

- A complainant shall bear the duties to:

+ Follow procedures for filing complaints set forth in Decree 24/2018/ND-CP;

+ Present matters in a honest manner, provide evidences about the complaint; provide relevant information and documents for the complaint handler; assume liabilities for his/her presentations and provided information and documents;

+ Obey effective complaint handling decisions.

- The complainant shall perform other rights and obligations as regulated by laws.

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