Operating conditions of labor arbitrators and labor arbitration councils in Vietnam

Operating conditions of labor arbitrators and labor arbitration councils in Vietnam (Internet image) 

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

1.  Operating conditions of labor arbitrators and labor arbitration councils in Vietnam

According to Clause 3, Article 103 of Decree 145/2020/ND-CP, operating conditions of labor arbitrators, arbitral tribunals and labor arbitration councils are as follows::

- Provincial Departments of Labor, War Invalids and Social Affairs shall prepare working location, equipment, document, office supplies and other conditions serving operation of labor arbitrators, arbitral tribunals and labor arbitration councils;

- Labor arbitration councils shall work within the premises of Provincial Departments of Labor, War Invalids and Social Affairs;

- Funding for operation of labor arbitration councils shall be covered by state budget and included in annual budget for regular expenditures of the Ministry of Labor, War Invalid and Social Affairs. The management, use and reporting of state funding shall comply with regulations of law on state budget and their guiding documents.

2. Regulations on State management of labor arbitrators and labor arbitration councils in Vietnam

According to Article 104 of Decree 145/2020/ND-CP regulating the State management of labor arbitrators and labor arbitration councils as follows:

* The Ministry of Labor, War Invalid and Social Affairs shall:

- Promulgate or propose promulgation of legislative documents on labor arbitrators and labor arbitration councils;

- Provide information and guidance; carry out inspection and supervision of implementation of regulations on labor arbitrators and labor arbitration councils;

- Formulate and run advanced training programs for labor arbitrators.

* Presidents of the People’s Committees of provinces shall:

- Designate and discharge labor arbitrators; establish labor arbitration councils;

- Provide guidance; carry out implementation of policies on benefits and commendations for labor arbitrators and labor arbitration councils in accordance with this Decree.

* Provincial Departments of Labor, War Invalids and Social Affairs shall:

- Verify documents and propose designation and discharge labor arbitrators; establishment of labor arbitration councils;

- Comments on operating regulations of labor arbitration councils before promulgation;

- Ensure working conditions of labor arbitrators, arbitral tribunals and labor arbitration councils; provide benefits for labor arbitrators and personnel of labor arbitration councils; manage and retain documents about labor arbitrators, labor arbitration councils, dispute cases and relevant documents;

- Take charge and cooperate with specialized units of the Ministry of Labor, War Invalid and Social Affairs in providing advanced training for labor arbitrators in their provinces;

- Carry out inspection and supervision of labor arbitration as prescribed by law;

- Submit annual reports on performance of labor arbitrators and labor arbitration councils to the President of the People’s Committee of the province and the Ministry of Labor, War Invalid and Social Affairs.

To Quoc Trinh

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