Regulations on management of labor mediators in Vietnam

Who is a labor mediator?

Pursuant to Article 184 of the Labor Code 2019, labor mediators shall be assigned by the President of the People’s Committee of the province to mediate labor disputes and disputes over vocational training contracts; assist in development of labor relation.

A labor mediator shall:

- Be a Vietnamese citizen; have full legal capacity as prescribed by the Labor Code, good health and moral qualities.

- Have at least a bachelor’s degree and 03 years’ experience in a field relevant to labor relation.

- Not be facing criminal prosecution; not have any unspent conviction.

Regulations on management of labor mediators in Vietnam (Internet image)

Regulations on management of labor mediators in Vietnam

Pursuant to Article 97 of Decree 145/2020/ND-CP regulating the management of labor mediators in Vietnam as follows:

(1) The Ministry of Labor, War Invalid and Social Affairs shall:

- Promulgate or propose promulgation of legislative documents on labor mediators;

- Provide information and guidance; carry out inspection and supervision of implementation of labor mediation laws;

- Formulate and run advanced training programs for labor mediators.

(2) Presidents of the People’s Committees of provinces shall:

- Designate, re-designate, discharge and manage labor mediators in their provinces.

In provinces with a high number of labor disputes, full-time labor mediators who work under the management of Provincial Departments of Labor, War Invalids and Social Affairs may be designated.

Full-time labor mediators shall participate in settlement of labor disputes, disputes over vocational training contracts; assist in development of labor relations; assist the Provincial Department of Labor, War Invalids and Social Affairs  in management of labor mediation in their provinces.

The standards for selection and designation of full-time labor mediators and duties thereof shall comply with regulations on management of labor mediators;

- Promulgate regulations on management of labor mediators; assign labor mediator management tasks to provincial and district-level Departments of Labor, War Invalids and Social Affairs;

- Preside over the formulation and implementation of policies on benefits and commendations for labor mediators as per regulations.

(3) Provincial Departments of Labor, War Invalids and Social Affairs shall:

- Formulate and propose regulations on management of labor mediators to Presidents of the People’s Committees of provinces;

- Advise and assist Presidents of the People’s Committees of provinces in management of labor mediators in their provinces;

- Prepare and implement the plan for selection and designation of labor mediators

- Assign mediation tasks to labor mediators under their management; ensure working conditions of labor mediators; evaluate their performance; provide benefits and commendations for labor mediators as per regulations; manage documents about labor mediators, disputes 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 mediators in their provinces;

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

- Submit annual labor mediation reports to the President of the People’s Committee of the province and the Ministry of Labor, War Invalid and Social Affairs.

(4) District-level Departments of Labor, War Invalids and Social Affairs shall:

- Manage labor mediators in their districts;

- Prepare and implement annual plans for selection and designation of labor mediators in their districts;

- Assign mediation tasks to labor mediators under their management; ensure working conditions of labor mediators; evaluate their performance; provide benefits and commendations for labor mediators as per regulations; retain documents about the disputes and relevant documents;

- Have labor mediators to advanced training programs organized by the Ministry of Labor, War Invalid and Social Affairs and the Provincial Department of Labor, War Invalids and Social Affairs;

-) Submit annual reports on labor mediation in their provinces to the Provincial Department of Labor, War Invalid and Social Affairs.

Mai Thanh Loi

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