Vietnam: First-time complaints handling in the field of labor

The regulation on first-time complaints handling is a featured content of Decree No. 24/2018/NĐ-CP of Vietnam’s Government. To be specific:

Accepting complaints related to labor, and occupational safety and hygiene for resolution

Within a duration of 07 working days from the receipt of a complaint under his/her handling capacity, the first-time complaint handler must consider accepting the complaint and give a written notification of accepting the complaint for resolution to the complainant and the Chief Inspector of the Department of Labour, War Invalids and Social Affairs of province where the employer’s head office is located.

If a complaint is transferred from an authority, organization or individual, apart from the sending of notification as prescribed above, the first-time complaint handler must send a written notification of accepting the complaint for resolution to that transferring authority, organization or individual.

Complaints about occupational accident investigation shall be resolved according to provisions set forth in Article 17 of Decree No. 39/2016/NĐ-CP of Vietnam’s Government detailing the implementation of some articles of the Law on occupational safety and sanitation.

Accepting vocational education-related complaints for resolution

Within a duration of 07 working days from the receipt of a complaint under his/her handling capacity, the first-time complaint handler must consider accepting the complaint and give a written notification of accepting the complaint for resolution to the complainant and the Director of Provincial Department of Labour, War Invalids and Social Affairs if the complaint is filed against a vocational education institution to whom it issued the certificate of vocational education registration or the Director General of the Directorate of Vocational Education and Training if the complaint is filed against a vocational education institution to whom it issued the certificate of vocational education registration.

If a complaint is transferred from an authority, organization or individual, apart from the sending of notification as prescribed, the first-time complaint handler must send a written notification of accepting the complaint for resolution to that transferring authority, organization or individual.

Accepting Vietnamese guest worker-related complaints for resolution

Within a duration of 07 working days from the receipt of a complaint under his/her handling capacity, the first-time complaint handler must consider accepting the complaint and give a written notification of accepting the complaint for resolution to the complainant and the Director of the Department of Overseas Labour.

If a complaint is transferred from an authority, organization or individual, apart from the sending of notification as prescribed, the first-time complaint handler must send a written notification of accepting the complaint for resolution to that transferring authority, organization or individual.

Accepting employment-related complaints for resolution

Within a duration of 07 working days from the receipt of a complaint under his/her handling capacity, the first-time complaint handler must consider accepting the complaint and give a written notification of accepting the complaint for resolution to the complainant and the Director of the Department of Labour, War Invalids and Social Affairs of province where the employment service provider’s head office is located.

If a complaint is transferred from an authority, organization or individual, apart from the sending of notification as prescribed, the first-time complaint handler must send a written notification of accepting the complaint for resolution to that transferring authority, organization or individual.

Time limits for resolution of first-time complaints

Decree No. 24/2018/NĐ-CP stipulates that the time limit for first-time complaint handling is not exceeding 30 days after the complaint is accepted. The time limit for handling a complicated complaint may be extended but must not exceed 45 days after it is accepted for handling.

The time limit for first-time complaint handling in remote and isolated areas is not exceeding 45 days after the complaint is accepted. The time limit for handling a complicated complaint in such areas may be extended but must not exceed 60 days after it is accepted for handling.

Decree No. 24/2018/NĐ-CP of Vietnam’s Government takes effect from April 15, 2018.

-Thao Uyen-

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