Procedures for complaints and denunciations in the field of labor and occupational education

On 27 February 2018, the Government promulgated Decree 24/2018/ND-CP deals with complaint and denunciatios settlements in the domain of labor, occupational education and activities of sending Vietnamese laborers to work abroad under contracts, jobs, labor safety and hygiene (“Decree 24”). Decree 24 took effect as from 15 April 2018.

Procedures for complaints

Under Decree 24, when finding the ground to conclude that the decisions or acts of employers, occupational education organizations or other organizations as stipulated in Article 3.8 of Decree 24 (the "Complained Party") are unlawful, directly infringe upon their legitimate rights and interests, the infringed person (the "Complainant") has the right to (i) make the first complaint to the person competent to resolve the first complaint; or (ii) initiate a civil lawsuit at the competent court.

If the Complainant disagrees with the decision on the settlement of the first complaint or the first complaint is not settled past the expiry of the time limit, the Complainant will be entitled to (i) make the second complaint to the competent person in accordance with Decree 24; or (ii) initiate a civil lawsuit at the competent court.

If the Complainant disagrees with the decision on settlement of the second complaint or the second complaint is not settled past the expiry of the time limit, the Complainant will be entitled to (i) initiate an administrative lawsuit at the competent court; or (ii) initiate a civil lawsuit at the competent court.

The competent person to settle complaints

The competent person to settle the first complaint is the head of the Complained Party. The competent person to settle the second complaint is specified for each domain according to Article 15.2, Article 16.2, Article 17.2, Article 18.2 of Decree 24.

Statute of limitations for making complaints, time limit for settling complaints

The statute of limitations for making the first complaint is one hundred eighty (180) days, the time limit for settling the first complaint must not exceed 30-45 days as from the date of the first complaint acceptance, depending on the complexity of the case.

The statute of limitations for making the second complaint is thirty (30) days as from the expiry of the time limit for the settlement of the first complaint, which is not resolved, or the Complainant disagrees with the decision on the settlement of the first-time complaint. The time limit for settling the second complaint must not exceed 45-60 days as from the date of the second complaint acceptance.

Other issues

Decree 24 provides that the Complainant has the right to withdraw the complaint at any time. The withdrawal of the complaint must be made in writing and signed or fingerprinted by the Complainant.

In cases where more than one person complains on one matter, the representative of the Complainants may file a complaint on behalf of the Complainants provided that the representative must have a document proving the legality of the representation and implementation of the complaint.

Decree 24 also regulates the procedures for denunciations and settlement of denunciations in the field of labor, occupational education and related fields as stated above.