Labor arbitrator standards in Vietnam

Labor arbitrator standards in Vietnam 

Pursuant to Article 98 of Decree 145/2020/ND-CP, labor arbitrator standards are as follows:

- Be a Vietnamese citizen; have full legal capacity as prescribed by the Civil Code 2015, good health, moral qualities, good reputation and sense of justice.

- Have at least a bachelor’s degree, understanding of law and at least 05 years of work in a field relevant to labor relations.

- Not be facing criminal prosecution or serving a sentence; not have any unspent conviction.

- Be nominated as a labor arbitrator by the Provincial Department of Labor, War Invalids and Social Affairs or Provincial Confederation of Labor as prescribed in Clause 2 Article 185 of the Labor Code 2019.

- Not be a judge, prosecutor, investigator, executor or official of a court, the People’s Procuracy, investigation authority or judgment execution authority.

Labor arbitrator standards in Vietnam (Internet image) 

Designation of labor arbitrators in Vietnam

The designation of labor arbitrators is carried out according to the provisions of Article 99 of Decree 145/2020/ND-CP as follows:

(1) On the basis of the quantity of labor arbitrators in a labor arbitration council prescribed in Clause 2 Article 185 of the Labor Code 2019, the standards and requirements specified in Article 98 of Decree 145/2020/ND-CP, 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.

(2) 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.

The nomination of labor arbitrators shall comply with Point a Clause 2 Article 185 of the Labor Code 2019.

(3) 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.

(4) 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 Decree 145/2020/ND-CP 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 Decree 145/2020/ND-CP and are nominated by the authorities mentioned in Points a, b, c Clause 2 Article 185 of the Labor Code 2019 will be considered for re-designation following the procedures specified in this Article.

Mai Thanh Loi

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE