Regulations on the establishment of the Labor Arbitration Council in Vietnam

Regulations on the establishment of the Labor Arbitration Council in Vietnam (Internet image)

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

1. Regulations on the establishment of the Labor Arbitration Council in Vietnam

Regulations on the establishment of the Labor Arbitration Council under Article 185 of the Labor Code 2019 are as follows:

- The President of the People’s Committee of the province shall issue the decision to establish the Labor Arbitration Council, designate its chairperson, secretary and labor arbitrators. The tenure of a Labor Arbitration Council is 05 years.

- The President of the People’s Committee of the province shall decide the number of labor arbitrators which is at least 15. The number of labor arbitrators nominated by each party shall be equal. To be specific:

+ At least 05 labor arbitrators shall be nominated by the provincial labor authority. The chairperson and secretary shall be officials of the provincial labor authority;

+ At least 05 labor arbitrators shall be nominated by the provincial trade union;

+ At least 05 arbitrators shall be nominated the representative organizations of employees in the province.

- Standards and working conditions of labor arbitrators:

+ A labor arbitrator shall conversant with law, experienced in labor relations, reputable and objective;

+ When nominating labor arbitrators as prescribed in Clause 2 of Article 185 of the Labor Code 2019, the provincial labor authority, provincial trade union and representative organizations of employees may nominate their people or other people that fully satisfy the standards for labor arbitrators.

+ The secretary of the Labor Arbitration Council shall perform its regular duties. Labor arbitrators may work on a full-time or part-time basis.

- Whenever a request for labor dispute settlement is received as prescribed in Article 189, 193 and 197 of the Labor Code 2019, the Labor Arbitration Council shall establish an arbitral tribunal as follows:

+ The representative of each disputing party shall choose 01 labor arbitrator from the list of labor arbitrators;

+ The labor arbitrators chosen by the parties as prescribed in Point a of Clause 4 Article 185 of the Labor Code 2019 shall choose 01 other labor arbitrator as the chief of the arbitral tribunal;

+ In case a labor arbitrator is selected by more than one disputing party, the arbitral tribunal shall appoint 01 of the chosen arbitrators.

- The arbitral tribunal shall work on the principle of collectives and make decision under the majority rule, except for the cases specified in Point c Clause 4 of Article 185 of the Labor Code 2019.

- The Government shall provide for the procedures, requirements, procedures for designation, dismissal, benefits and working conditions of labor arbitrators and Labor Arbitration Councils; organization and operation of Labor Arbitration Councils; establishment and operation of the arbitral tribunals mentioned in Article 185 of the Labor Code 2019.

2. Regulations on settlement of individual labor disputes by Labor Arbitration Council in Vietnam

Regulations on the settlement of individual labor disputes by Labor Arbitration Council according to Article 189 of the Labor Code 2019 are as follows:

- The parties are entitled to, by consensus, request the Labor Arbitration Council to settle the dispute in any of the cases specified in Clause 7 Article 188 of this Labor Code. After the Labor Arbitration Council has been requested to settle a dispute, the parties must not simultaneously request the Court to settle the same dispute, except for the cases specified in Clause 4 of Article 189 of the Labor Code 2019.

- Within 07 working days from the receipt of the request mentioned in Clause 1 of Article 189 of the Labor Code 2019, an arbitral tribunal shall be established.

- Within 30 working days from the establishment of the arbitral tribunal, it shall issue a decision on the settlement of the labor dispute and send it to the disputing parties.

- In case an arbitral tribunal is not established by the deadline specified in Clause 2 of Article 189 of the Labor Code 2019, or a decision on the settlement of the labor dispute is not issued by the arbitral tribunal by the deadline specified in Clause 3 of Article 189 of the Labor Code 2019, the parties are entitled to bring the case to Court.

- In case a disputing party fails to comply with the decision of the arbitral tribunal, the parties are entitled to bring the case to court.

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