Nghị định 24/2018/NĐ-CP giải quyết khiếu nại trong lĩnh vực lao động

DECREE

On providing regulations on the settlement of complaints and denunciations in the field of labor, vocational education and sending Vietnamese workers to work abroad under contracts, employment, occupational safety and hygiene

Pursuant to the Law on Organization of the Government of June 19, 2015;

Pursuant to the Labor Code dated 18 June 2012;

Pursuant to the Law on Vocational Education dated 27 November 2014;

Pursuant to the Law on Vietnamese Guest Workers under contracts dated November 29, 2006;

Pursuant to the Law on Employments dated November 16, 2013;

Pursuant to the Law on Occupational Safety and Health dated June 25, 2015;

Pursuant to the Law on Denunciation dated November 11, 2011;

At the proposal of the Minister of Labor, War Invalids and Social Affairs;

The Government hereby promulgates the Decree on providing regulations on the settlement of complaints and denunciations in the field of labor, vocational education and sending Vietnamese workers to work abroad under contracts, employment, occupational safety and hygiene.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Decree provides regulations on complaints and settlement of complaint about labor decisions and acts; vocational education; activities of sending Vietnamese laborers to work abroad under contracts; employment; occupational safety and hygiene. Regulations on denunciations and denunciation settlement regarding violations of law by agencies, organizations and individuals in the labor field; vocational education; sending Vietnamese workers to work abroad under contracts; employment; occupational safety and hygiene.

2. The settlement of complaints and denunciations through inspection activities shall comply with regulations of the law on inspection.

Article 2. Subjects of application

This Decree applies to the following subjects:

1. Workers, persons who are under apprenticeship, internship to work for the employer, probationers, learners in vocational education institutions or vocational education operation establishments, persons entitled to unemployment insurance policies and Vietnamese workers working abroad under contracts.

2. Employers.

3. Vocational education institutions and vocational education operation establishments.

4. Enterprises, State non-business organizations sending Vietnamese workers to work abroad under contracts.

5. Employment service organizations and organizations related to the activities of creating job for workers.

6. Organizations assessing and issuing Certificates of national vocational skills.

7. Other agencies, organizations and individuals related to the contents as prescribed in Article 1 of this Decree.

Article 3. Interpret of term

In this Decree, the terms below are construed as follows:

1. Complaint about labor is a request of the worker, person who is under apprenticeship, internship to work for the employer or probationer under the procedures in this Decree to the person competent to settle complaints about labor for re-considering the labor decision and act of the employers when there are grounds to believe that such decision or act has breached the labor law and infringed his/her legal rights and interests.

2. Complaint about vocational training is the request of the learner in vocational education institution or vocational education operation establishment located in Vietnam under the procedures as prescribed in this Decree to the person competent to settle vocational education complaints for re-considering the vocational education decision and act of the vocational education institution or vocational education operation establishment when there are grounds to believe that such decision and act has breached the law on vocational education and infringed his/her legal rights and interests.

3. Complaint about the activity of sending a Vietnamese worker to work abroad under contract is the request of a worker under the procedures as prescribed in this Decree to the person competent to settle complaints about sending the Vietnamese worker to work abroad under contract for re-considering the decision and act of sending the Vietnamese worker to work abroad under contract of the organization sending the Vietnamese worker to work abroad under contract when there are grounds to believe that such decision and act has breached the law on sending Vietnamese workers to work abroad under contracts and infringed his/her legal rights and interests.

4. Complaint about employment is the request of the worker under procedures as prescribed in this Decree to the person competent to settle complaints about employment for re-considering employment decision and act of organizations regarding employment when there are grounds to believe that such decision and act has breached the law on employment and infringed his/her legal rights and interests.

5. Complaint about occupational safety and hygiene is the request of a worker under the procedures as prescribed in this Decree to the person competent to settle occupational safety and hygiene complaints for re-considering occupational safety and hygiene decision and act of the employer when there are grounds to believe that such decision and act has breached the law on occupational safety and hygiene and infringed his/her legal rights and interests.

6. Denunciation on labor, vocational education and activity of sending Vietnamese workers to work abroad under contracts means the citizens, workers, persons who are under apprenticeship, internship to work for the employer, probationers, learner in the vocational education institutions or vocational education operation establishments and Vietnamese workers working abroad under contracts carrying out the procedures specified in this Decree to notify the competent persons of the violation of law of the organizations, agencies and individuals in the field of labor, vocational education and sending Vietnamese workers to work abroad under contracts, employment and occupational safety and hygiene causing damage or menacing to cause damage to the state interests and legal rights and interest of citizens, agencies and organizations.

7. The complainant about labor, vocational education, sending Vietnamese workers to work abroad under contracts, employment, occupational safety and hygiene is a worker, person who is under apprenticeship, internship to work for the employer, probationer, person studying at a vocational education institution or vocational education operation establishment, a Vietnamese worker working abroad under contract, person participating in evaluating the national vocational skills or a person entitled to the unemployment insurance policies who carries his/her right of complaint.

8. A person complained about labor, vocational education, sending Vietnamese worker to work abroad under contracts, employment and occupational safety and hygiene is the employer, head of the vocational education institution or vocational education operation establishment; business owner or head of a State non-business organization sending Vietnamese workers to work abroad under contracts; owner of an enterprise proving employment services or head or a organization related to employment who has a decision or act being complained.

9. The denouncer about labor, vocational education, sending Vietnamese worker to work abroad under contracts, employment and occupational safety and hygiene is the a citizen, worker, person under apprenticeship, internship to work for the employer, probationer, person studying at a vocational education institution or vocational education operation establishment, a Vietnamese worker working abroad under contract, person participating in evaluating the national vocational skills or a person entitled to the unemployment insurance policies who carries his/her right of denunciation.

10. A person denounced about labor, vocational education, sending Vietnamese workers to work abroad under contracts, employment, occupational safety and hygiene is a employer; person in a vocational education institution or vocational education operation establishment; a member of a State-owned enterprise or non-business organization that sends Vietnamese to work abroad under a contract or a person belonging to employment-related organization with denounced act.

11. Settler of complaints about labor, vocational education and activity of sending Vietnamese workers to work abroad under contracts is agency, organization or individual competent to settle complaints specified in this Decree.

12. Settler of denunciations about labor, vocational education and activity of sending Vietnamese workers to work abroad under contracts is agency, organization or individual competent to settle denunciations specified in this Decree.

13. Settlement of complaints about labor, vocational education and activity of sending Vietnamese workers to work abroad under contracts is the handling, verification, conclusion and issue of decision on settlement of complaint of the complaint settler.

14. Settlement of denunciation about labor, vocational education and activity of sending Vietnamese workers to work abroad under contracts is the handling, verification, conclusion and issue of decision on settlement of denunciation of the denunciation settler.

15. Withdrawal of a complaint means the complainant requests the complaint settler to stop his/her complaint.

16. A decision on labor is the employer’s written decision applied to the worker, apprentice, intern or the probationer in labor relationship.

17. Labor acts are those carried out by the employers and workers in labor relationship, arising in the employ and use of workers; salary payment between the employer and workers.

18. A decision on vocational education is the written decision of the head of vocational education institution or vocational education operation establishment, applied to persons who is studying in such vocational education institution.

19. Vocational education acts are those carried out by the heads of the vocational education institutions and vocational education operation establishments in the vocational education operation.

20. A decision on sending Vietnamese worker to work abroad under contract is a written decision of an enterprise or State non-business organization sending Vietnamese workers to work abroad under contracts, applied to the worker in the activity of sending Vietnamese workers to work abroad under contract.

21. Acts of sending a Vietnamese worker to work abroad under contract mean those carried out by enterprises and State non-business organizations sending Vietnamese workers to work abroad under contract in the activity of sending Vietnamese workers to work abroad under contract.

22. A decision on employment is a written decision of an organization or individual related to the activities of job creation; evaluation and grant of national vocational skill certificates; unemployment insurance.

23. Acts of employment mean those carried out by organizations and individuals related to the job creation; evaluation and grant of national vocational skill certificates; unemployment insurance.

24. A decision on occupational safety and hygiene is a written decision of an organization or individual related to the occupational safety and hygiene works.

25. Occupational safety and hygiene acts mean those carried out by organizations and individuals related to the occupational safety and hygiene work.

Article 4. Principles of settlement of complaints and denunciations of labor, vocational education and activity of sending Vietnamese workers to work abroad under contract, employment, occupational safety and hygiene

1. Being timely, objective, publicity, democratic and in accordance with law provisions.

2. Ensuring the legal rights and interests of the complainants, complained persons, denouncers, denounced persons and relevant organizations and individuals.

Chapter II

COMPLAINT AND COMPLAINT SETTLEMENT

Section 1. COMPLAINT

Article 5. Complaint order

1. When there is any ground to believe that a decision or act of the employer; vocational education institution or vocational education operation establishments; enterprise or non-business organization sending Vietnamese workers to work abroad under contract; employment service organization or organization related to the job creation for the employee or organization assessing and issuing national vocational skill certificates is illegal and directly infringes to the legal rights and interests, the aggrieved person may send his/her complaints to the first-time complaint settler in accordance with Clause 1 Article 15, Clause 1 Article 16, Clause 1 Article 17 and Clause 1 Article 18 of this Decree or initiate a lawsuit at a court according to Point a Clause 2 Article 10 of this Decree.

2. In case the complainant does not agree with the first-time complaint settlement decision as prescribed in Article 23 or if exceeding the time limit specified in Article 20 of this Decree but the complaints have not been settled yet, such complainant may have the right to initiate a lawsuit at a competent court in accordance with Point a Clause 2 Article 10 of this Decree or make the second-time complaint under the following provisions:

a) For complaint about labor, occupational safety and hygiene, the complainant shall send his/her complaint to the complaint settler as prescribed in Clause 2 Article 15 of this Decree;

b) For complaint about vocational education, the complainant shall send his/her complaint to the complaint settler as prescribed in Clause 2 Article 16 of this Decree;

c) For complaint about the activity of sending Vietnamese workers to work abroad under contract, the complainant shall send his/her complaint to the complaint settler as prescribed in Clause 2 Article 17 of this Decree;

d) For complaint about employment, the complainant shall send his/her complaint to the complaint settler as prescribed in Clause 2 Article 18 of this Decree.

3. In case the complainant does not agree with the second-time complaint settlement decision as prescribed in Article 31 or exceeding the time limit specified in Article 28 of this Decree but the complaints have not been settled yet, the complainant shall have the right to initiate a lawsuit at a competent court in accordance with Point b Clause 2 Article 10 of this Decree.

4. In case the complained person does not agree with the second-time complaint settlement decision as prescribed in Article 31, he/she shall have the right to initiate a lawsuit at a competent court in accordance with Point dd Clause 1 Article 11 of this Decree.

Article 6. Forms of complaint

1. The complaint is made in the form of sending a written complaint or making a direct complaint as follows:

a) For form of sending a written complaint, such a written complaint must clearly states the following contents: date, month, year of complaint; name, address of the complainant; name and address of the agency, organization or individual to be complained; content, reason for complaint, documents related to the content of complaint (if any) and request for the complaint settlement. The written complaint must be signed by the complainant or must press his/her finger-print;

b) For form of direct complaint, the person receiving the complainant shall instruct the complainant to write the written complaint or shall write all contents of complaint as prescribed in Point a of this Clause and request the complainant for signing or pressing his/her finger-print in the document.

2.  In case many persons complain about the same matter:

a) For form of sending a written complaint, such the written complaint must clearly state contents as prescribed in Point a Clause 1 of this Article, with signatures of the complainants and one representative shall be authorized to present upon requirement of the complaint settler;

b) For form of direct complaint, the competent authority shall organize to meet and require them to authorize the representative to present the content of complaint; the complaint receiver shall record all complaint contents as prescribed in Point a Clause 1 of this Article and request the representative for signing or pressing his/her finger-print in the document.

3. In case the complaint is made through the representative, such representative must have paper proving the legality of representation and make a complaint in accordance with this Decree.

Article 7. Statute of limitations for filling a complaint

1. The statute of limitations for filing a complaint is 180 days from the date on which the complainant receives or know about the complained decision or act of the employer, organization or individual participating in vocational education operations, enterprise or non-business organization sending the Vietnamese workers to work abroad under contract, employment service organization or organization related to the job creation for the employee or organization assessing and issuing national vocational skill certificates.

2. In case the complainant is unable to exercise the right to complaint in accordance with the statute of limitations for filing a complaint as prescribed in Clause 1 of this Article due to illness, natural disaster, sabotage, business traveling, study in remote area or other objective impediments, the duration of such impediment shall not be included in the statute of limitations.

Article 8. Withdrawal of complaints

1. A complainant has the right to withdraw his/her complaint at any time in the course of complaint filing and settlement.

2.  A written request for withdrawal must be made, signed or fingerprinted by the complainant and filed with a person with complaint-settling competence.

3. Within 03 working days from the date on which the written request for withdrawal of the complainant is received, a person with complaint-settling competence shall issue a decision on terminating the complaint settlement and notify such in writing to the complainant and relevant organizations and individuals.

Article 9. Complaints ineligible for acceptance and settlement under this Decree

1. It is about a decision or act not directly related to the rights and legitimate interests of the complainant.

2. The complainant has no capacity for civil acts and without legal representative.

3. It is made by an unlawful representative of the complainant.

4. The written complaint bears no signature or fingerprint of the complainant.

5. It is filed after the statute of limitations as prescribed in Clause 1 Article 7 and the complainant produces no plausible reason in accordance with Clause 2 Article 7 of this Decree.

6. There is a written notice of termination of the complaint settlement from the competent authority and the complainant does not file another complaint after 30 days from the date of issuance of such notice.

7. The complaint has a decision of settlement with legal effect.

8. It has been accepted by a court for settlement or has been settled under a court judgment or ruling other than a ruling on termination of the settlement of an administrative case.

Section 2. RIGHTS AND OBLIGATIONS OF COMPLAINANTS, THE COMPLAINED PERSONS, COMPLAINT SETTLERS, LAWYERS AND LEGAL AID OFFICERS AND PEOPLE PARTICIPATING IN LEGAL AID

Article 10. Rights and obligations of the complainant

1. The complainant has the following rights:

a) To make a complaint by him/herself or authorize another person to make a complaint;

b) To participate in dialogs or authorize a lawful representative to do so;

c) To know, read, photocopy or copy documents and evidences collected by the complaint settler for settling his/her complaint; except information and documents involving state secrets or secret of the complained person as prescribed by law;

d) To request related persons, agencies and organizations that are preserving or managing information and documents relevant to his/her complaint contents to provide such information and documents within 05 working days after being requested for submission to the complaint settler; except information and documents involving state secrets or secret of the complained person as prescribed by law;

dd) To request the complaint settler to apply urgent measures to prevent possible consequences of the execution of the complained decision or act;

e) To show evidences of the complaint and explain his/her opinions on these evidences;

g) To have his/her rights and legitimate interests that have been infringed due to the execution of the complained decision or act restored;

h) To receive damage compensations in accordance with law;

i) To withdraw his/her complaint under Article 8 of this Decree;

k) To make a second-time complaint;

l) To institute a lawsuit at court in accordance with Clause 2 of this Decree.

2. The right to initiate a lawsuit at a court

a) The complainant has the right to initiate a lawsuit at the court in accordance with the civil procedure law in the following cases:

- When there are the grounds to believe that the decision or act of the employer, organization or individual involved in vocational education operations; enterprise or non-business sending the Vietnamese worker to work abroad under contract is illegal and directly infringes to the his/her legal rights and interests;

- The complainant does not agree with the first-time decision on complaint settlement as prescribed in Article 23 of this Decree;

- The time limit specified in Article 20 of this Decree is over but the first-time complaint has not been settled yet.

b) The complainant has the right to initiate a lawsuit at the court under the provisions of the administrative procedure law in the following cases:

- The complainant does not agree with the second-time decision on complaint settlement as prescribed in Article 31 of this Decree;

The time limit specified in Article 28 of this Decree is over but the second-time complaint has not been settled yet.

3. A complainant has the following obligations:

a) To make a complaint according to the order and procedures specified in this Decree;

b) TTo honestly present the matter and show evidences of the complaint; to provide relevant information and documents to the complaint settler; to take responsibility before law for the presented contents and provided information and documents;

c) To strictly abide by the legally effective complaint settlement decision.

4. The complainant shall exercise other rights and obligations in accordance with law provisions.

Article 11. Rights and obligations of the complained person

1. The complained person has the following rights:

a) To show evidences of the lawfulness of the complained decision or act;

b) To know, read, photocopy or copy documents and evidences collected by the complaint settler for settling the complaint, except information and documents involving state secrets or secret of the complained person as prescribed by law;

c) To request related persons, agencies and organizations that are preserving or managing information and documents relevant to the complaint contents to provide such information and documents within 05 working days after being requested for submission to the complaint settler, except information and documents involving state secrets or secret of the complained person as prescribed by law;

d) To receive the second-time complaint settlement decision;

dd) To initiate a lawsuit at court in accordance with the law on administrative procedures if he/she does not agree with the second-time complaint settlement contents as prescribed in Article 31 of this Decree.

2. The complained person has the following obligations:

a) To carry out the second-time complaint settlement in accordance with the competence as prescribed in Clause 1, Article 15, Clause 1, Article 16, Clause 1, Article 17 and Clause 1 Article 18 of this Decree;

b) To participate in dialogs or authorize a lawful representative to do so;

c) To abide by the decision on verification of complaint contents issued by the agency or person competent to settle the second-time complaint;

d) To provide information and documents relevant to the complaint contents within 05 working days after being requested by the person competent to settle the second-time complaint;

dd) To explain about the legality and properness of decision or act upon requirement of the person competent to settle the complaint for the second time;

e) To strictly abide by the legally effective complaint settlement decision;.

3. The complained person shall exercise other rights and obligations as prescribed by law.

Article 12. Rights and obligations of the first-time complaint settler

1. The first-time complaint settler has the following rights:

a) To request the complainant and related persons to provide information, documents and evidences within 05 working days after they are so requested, for use as a basis for settling the complaint;

b) To decide on application or cancellation of urgent measures specified in Article 26 of this Decree.

2. The first-time complaint settler has the following obligations:

a) To receive the complaint and notify about acceptance of the complaint for settlement in writing to individual, agency or organization in accordance with Article 19 of this Decree;

b) To settle the complaint about a decision or act when the complainant so requests;

c) To organize dialogs with the complainant and related agencies, organizations and individuals;

d) To send the complaint settlement decision to the individual, agency or organization as prescribed in Article 24 of this Decree;

dd) To take responsibility before law for his/her complaint settlement;

e) To provide information, documents and evidences relevant to the complaint contents at the request of the complainant;

g) To provide the complaint settlement dossier at the request of the second-time complaint settler or court.

3. The first-time complaint settler shall exercise other rights and obligations as prescribed by law.

Article 13. Rights and obligations of the second-time complaint settler

1. The second-time complaint settler has the following rights:

a) To request the complainant, the complained person and related agencies, organizations and persons to provide information, documents and evidences within 05 working days after they are so requested, for use as a basis for settling the complaint;

b) To decide on application or cancellation of urgent measures specified in Article 26 of this Decree;

c) To solicit expert assessment, for use as a basis for settling the complaint;

2. The second-time complaint settler has the following obligations:

a) To receive and accept the complaint for settlement and make a dossier of the complaint case falling under his/her/its settling competence;

b) To check and verify the complaint contents;

c) To organize dialogs with the complainant, the complained person and related agencies, organizations and persons;

d) To issue and publicly notify the complaint settlement decision;

dd) To provide information and documents relevant to the complaint contents at the request of the complainant or the complained person;

e) To provide information and documents relevant to the complaint contents and dossier of the second-time complaint settlement at the request of the court.

3. The Second-time complaint settler shall exercise other rights and perform other obligations provided by law.

Article 14. Rights and obligation of lawyer, legal assistance and participants for complainant

1. The lawyer, legal assistance and participants for complainant shall have the following rights:

a) Take part in the process of complain settlement according to the request of the complainant;

b) Implement rights and obligation of the complainant up on receipt of authorization;

c) To verify and collect evidence related to content of the complain according to requirement of the complainant and provide the evidents to the person who settle the complain;

d) To study the dossier of the case, scan and copy documents and evidences related to content of the complain to protect legit rights and interest of the complainant; except for information and documents related to State secret or secret of the complained person in accordance with law provisions.

2. The lawyer, legal assistance and participants for complainant shall have the following obligations:

a) to present the lawyer card, the legal assistance card and the decision on legal assistance assignment, written requirement on legal assistance or the Power of Attorney of the complainant;

b) To implement accurately according to content and scope as authorized by the complainant.

3. The lawyer, legal assistance and participants for complainant shall implement other rights and obligation in accordance with law provisions.

Section 3 AHTHORITY TO SETTLE THE COMPLAIN

Article 15. Authority to settle complain in labor, labor safety and hygiene

1. The employer shall have the competent to settle for the complain on itself decision, activity on labor, labor safety and hygiene for the first time.

2. The Chief Inspector of the Department of Labor, War Invalid and Social Affairs, where the employer located the headquarter shall have the competent to settle the complain on decision, activity on labor, labor safety and hygiene for the second time in case the complainant disagree to the decision on the first time settlement as prescribed in Article 20 of this Decree or the duration for settlement of complainant is due but the the complain is not yet settled.

3.Competent to settle the complain on occupational accident investigation shall be implemented as prescribed in Article 17 of the Decree No. 39/2016/ND-CP dated May 15, 2016 of the Government on detailing the implementation of a number of articles of the Law on Occupational Safety and Hygiene.

Article 16. Competence to settle complaint about vocational education

1. The head of vocational education institutions and vocational training institutions are competent to settle the first- time complaint about their complained decision and act.

2. Directors of provincial-level Labor, War Invalids and Social Affairs Departments are competent to settle the second- time complaint about vocational training institutions and vocational training establishments granted the registration of vocational education activities by provincial-level Labor, War Invalids and Social Affairs Department; the Director of the General Department of Vocational Training is competent to settle the second time complaint about vocational training institutions and vocational training institutions that are granted the operation registration certificates by the General Department of Vocational Training.

Article 17. Competence to settle complaint about activities of sending Vietnamese laborer to work abroad under contract

1. The head of organizations that send Vietnamese laborers to work abroad under contract shall be competent to settle the first- time complaint about their complained decision and act.

2. The Director of the Department of Abroad Labor Management shall be competent to settle the second time complaint about activities of sending Vietnamese workers to work abroad under the contract when the complainant disagrees with the first time settlement decision as prescribed in Article 23 or after the time limit as prescribed in Article 20 of this Decree but the complaint is not yet resolved.

Article 18. Competence to settle complaint about employment

1. The head of the employment service organization (including an employment service center and an employment service enterprise); organization of evaluation and grant of national vocational skill certificates shall be competent to settle the first time complaint about their complained decision and act.

2. The director of the Department of Labor, War Invalids and Social Affairs where the employment service organization, the organization of evaluation and grant of the national vocational skill certificate is headquartered shall be competent to settle the second time complaint about employment when the complainant disagrees with the first time complaint settlement decision as prescribed in Article 23 or the time limit as prescribed in Article 20 of this Decree has expired and the complaint is not yet settled.

Section 4 ORDER, PROCEDURES AND TIME LIMITS FOR SETTLING  THE FIRST TIME COMPLAINT

Article 19. Acceptance of the first time complaint settlement

1. Acceptance and settlement of labor complaint and of labor safety and hygiene

a) Within 07 working days from the day on which the complaint is received within its scope and competence, the first time complaint settler must accept the complaint and notify in writing the acceptance on complain settlement  for complainant and the Chief Inspector of the Department of Labor - Invalids and Social Affairs where the employer is headquartered;

b) In case a complaint is delivered by another agency, organization or individual, apart from the notice specified at Point a, Clause 1 of this Article, the first time complaint settler must notify in writing on the acceptance of complaint for agencies, organizations and individuals that have delivered complaint to.

c) In case of complaint about investigation of occupational accident, the settlement shall comply with Article 17 of the Government’s Decree No. 39/2016/ND-CP dated May 15, 2016 detailing the implementation of a number of articles of the Law on occupational safety and hygiene.

2. Acceptance and settlement of complaint about vocational education

a) Within 07 working days from the day on which the complaint is received within its scope and competence, the first time complaint settler must accept the complaint and notify in writing on the acceptance of settle complaint for complainants and the Director of provincial-level Labor, War Invalids and Social Affairs Department, for vocational education establishments and vocational education and training establishments, which are granted certificates by provincial/municipal Labor, War Invalids and Social Affairs Services receive registration of vocational education activities; the General Director of the General Department of Vocational Training for vocational training institutions and establishment of vocational training activities granted the vocational education activity registration certificate by the General Department of Vocational Training;

b) In case a complaint is delivered by another agency, organization or individual, apart from the notice specified at Point a, Clause 2 of this Article, the first time complaint settler must notify in writing on the acceptance of complaint for agencies, organizations and individuals that have delivered complaint to.

3. Acceptance and settlement of complaint about activities of sending Vietnamese laborers to work abroad under contract

a) Within 07 working days from the day on which the complaint is received within the scope and competence of the first time complaint settler, such person must accept the complaint and notify in writing on complaint acceptance for complainant and the Director of the Department of Overseas Labor Management;

b) In case a complaint is delivered by another agency, organization or individual, apart from the notice specified at Point a, Clause 3 of this Article, the first time complaint settler must notify in writing on the acceptance of complaint for agencies, organizations and individuals that have delivered complaint to.

4. Acceptance and settlement of employment complaint

a) Within 07 working days from the day on which the complaint is received within its scope and competence, the first time complaint settler must accept the complaint and notify in writing on the acceptance of complaint for the complainant and the Director of the Department of Labor - Invalids and Social Affairs, where the employment service organization is headquartered;

b) In case a complaint is delivered by another agency, organization or individual, apart from the notice specified at Point a, Clause 4 of this Article, the first time complaint settler must notify in writing on the acceptance of complaint for agencies, organizations and individuals that have delivered complaint to.

Article 20. Time limit for settling the first time complaint

1. The time limit for settling the first time complaint must not exceed 30 days after the date of acceptance; For complicated cases, the time limit for handling is 45 days, counting from the date of acceptance.

2. For remote areas which is difficult to access, the time limit for settling a complaint shall not exceed 45 days, counting from the date of acceptance; For complicated cases, the time limit for handling is 60 days from the date of acceptance.

Article 21. Examining and verifying the contents of the first time complaint

1. Within the time limit prescribed in Article 20 of this Decree, the first time complaint settlers may, by themselves or assign a specialized section to inspect and verify complaint contents.

2. The inspection and verification of complaint contents must be objective, accurate and timely.

3. Persons responsible for examining and verifying complaint contents have the following rights and obligations:

a) To request complainants, related agencies, organizations and individuals to provide information, documents and evidence on the contents of the complaint;

b) To request complainants, related agencies, organizations and individuals to explain in writing the contents of the complaint;

c) Convene the complainant, related agencies, organizations and individuals;

d) Soliciting expertise as a basis for complaint settlement;

dd) Carry out other examination and verification measures according to the provisions of law;

e) Report the verification results and take responsibility for the verification results.

4. Report on inspection and verification results includes the following main contents:

a) Subjects of inspection and verification;

b) Time for checking and verifying;

c) Persons conducting examination and verification;

d) Content of inspection and verification;

dd) Results of inspection and verification;

e) Conclusions and recommendations on the content of complaint settlement;

g) Other contents (if any).

Article 22. Organization of the first time dialogue

1. In the process of settling the first complaint, if necessary, the complaint settlement must meet and dialogue with the complainant, whose rights and obligations related, c Matt , organizations and individuals relevant persons to clarify the content of the complaint, the complainant’s request and the way to resolve the complaint; The dialogue must be conducted publicly and democratically.

2. When having the dialogue, the person who settles the complaint must clearly state the content to be discussed; results of inspection and verification of complaint contents; Dialogue participants have the right to present their opinions and give evidence related to their complaint and requests.

3. The dialogue must be recorded in writing; the minutes must clearly state the opinions of the participants, the results of the dialogue, with the signatures or fingerprints of the participants; The minutes of the dialogue are saved in the complaint settlement dossier.

4. Dialogue results are one of the bases for settling complaint.

Article 23. The first time complaint settlement decision

1. The first time complaint settlers must issue complaint settlement decision.

2. The first time complaint settlement decision must contain the following main contents:

a) Date of issuing the decision;

b) Name and address of the complainant and complained person;

c) Content of the complaint;

d) Results of inspection and verification of complaint contents;

dd) Dialogue results (if any);

e) Legal basis for settling complaint;

g) Conclusion of the complaint content; solve specific issues in the complaint content;

h) Compensation for damages to victims (if any);

i) Right to appeal a second time, the right to file a lawsuit at the Court.

3. In case many people complain about the same content, the first time complaint settler shall base on the conclusion of the complaint content to make a complaint settlement decision for each person or issue a complaint settlement decision together with the list of complainants.

Article 24. Deliver of the first time complaint settlement decision

1. Within 03 working days after issuing a complaint settlement decision, the first time complaint settler shall send a complaint settlement decision according to the following provisions:

a) For settlement decision of complain in labor, labor safety and hygiene: Send to the complainant, the Chef Inspector of the Department of Labor - Invalids and Social Affairs, where the complained employer is headquartered, and the relevant agency, organization or individual.

b) For settlement decision of complaint about vocational education: send to the complainant, the Directors of provincial-level Labor, War Invalids and Social Affairs Department in case the vocational training institutions and vocational education-training establishment had the certificate of vocational education registration granted  by the Department of Labor - Invalids and Social Affairs; The General Director of the General Department of Vocational Training for vocational training institutions and vocational training institutions had the certificate of registration of vocational education activities granted by the General Department of Vocational Training and other agencies, organizations and individuals involved;

c) For decision on settling complaint about activities of sending Vietnamese laborers to work abroad under contract: To send complainants, the director of the Department of Abroad Labor Management and relevant agencies, organizations, individuals;

d) For decision on settling employment complaint: send to the complainant, the Director of the Department of Labor - Invalids and Social Affairs, where the employment service organization is headquartered, and the relevant agency, organization or individual.

2. In case a complaint is delivered by another agency, organization or individual, apart from sending the complaint settlement decision under Clause 1 of this Article, the complaint settler must send the complaint settlement decision to the agency, organizations, individuals have delivered the complaint to.

Article 25. Dossier for the first time complaint settlement

1. The settlement of complaint must be compiled into a dossier. Dossier for settling complaint includes:

a) The complaint or a written record of the content of the complaint;

b) Notice of acceptance to resolve complaint;

c) Documents and evidence collected during the process of settling complaint;

d) Report the results of inspection and verification of complaint contents;

dd) Assessment results (if any);

e) Minutes of the dialogue organization (if any);

g) Decision on complaint settlement;

h) Other relevant documents.

2. Complaint settlement dossiers must be numbered in chronological order and archived according to law provisions.

3. Dossiers for settling complaint prescribed in Clause 1 of this Article shall be forwarded to persons competent to settle the second time complaint or competent courts for settlement upon request.

Article 26. Application of emergency measures

In the course of settling complaint, if deeming that the execution of such complained decision and act may cause consequences difficult to resolve, the complaint settlers must issue decision to temporarily suspend the execution of such decision and act. The duration of temporary suspension does not exceed the remaining time of the time limit for settling complaint. The suspension decision must be sent to the complainant, persons with related rights and obligations and other persons responsible for execution. When deeming that the reason for the suspension no longer exists, such suspension decision must be canceled immediately.

Section 5 ORDER AND PROCEDURES FOR SECOND COMPLAINT SETTLEMENT

Article 27. Acceptance of the second time complaint settlement

1. Within 30 days from the expiry date of complaint settlement provisions as prescribed in Article 20 of this Law that the first time complain is unresolved or from the date of receipt of the decision to settle complaint for the first times that the complainant disagrees with the first time decision, he/she has the right to appeal to the second time competent person; for remote areas with difficult traffic condition, the deadline may be extended but shall no longer than 45 days.

2. Within 07 working days from the date of receiving e Matt n appeal of their settling competence, the second complaint resolved to accept and handle and a written notification of acceptance settle complaint for complainants.

3. In case a complaint is forwarded by another agency, organization or individual, apart from notifying the complainant as prescribed in Clause 2 of this Article, the second time complaint settler must notify in writing. a copy of the complaint handling process for the agency, organization or individual that forwarded the complaint to.

4. In case of non-acceptance, the reason must be clearly stated.

Article 28. Time limit for settling the second time complaint

1. The time limit for settling the second time complaint must not exceed 45 days after the date of acceptance; For complicated cases, the time limit for handling shall be 60 days, counting from the date of acceptance.

2. For remote areas which is difficult to access, the time limit for settling a complaint shall not exceed 60 days, counting from the date of acceptance; For complicated cases, the time limit for handling is 90 days from the date of acceptance.

Article 29. Examining and verifying the contents of the second time complaint

1. Within the time limit prescribed in Article 28 of this Decree, the first time complaint settlers may, by themselves or assign a specialized section to inspect and verify complaint contents. Examining and verifying the contents of the complaint shall be implemented in comply with regulation prescribed in Clause 2 and Clause 3 and Clause 4 Article 21 of this Decree.

2. In addition to the rights and obligations of persons responsible for examining and verifying complaint contents as specified in Clause 3, Article 21 of this Decree, persons who are responsible for examining and verifying complaint contents for the second time have the right, the obligation to request the complainant to provide information, documents and evidence on the content of the complaint; written explanation of the content of the complaint.

Article 30. Organization of the second time dialogue

1. In the course of the second time complaint settlement, complaint settlers shall organize dialogue between complainants, complained persons, persons with related rights and obligations, concerned agencies, organizations and individuals.

2. Organization of second time dialogue shall be implemented in comply with regulation prescribed in Clause 2 and Clause 3 and Article 22 of this Decree.

Article 31. Second-time complaint settlement decisions

1. The second time complaint settlers must issue complaint settlement decision.

2. Apart from the contents specified in Clause 2, Article 23 of this Decree, a the second time complaint settlement decision must contain:

a) Results of the first time complaint settlement (if any);

b) Right to sue the case in Court.

3. In case many people complain about the same content, the first time complaint settler shall base on the conclusion of the complaint content to make a complaint settlement decision for each person or issue a complaint settlement decision together with the list of complainants.

Article 32. Deliver of the second time complaint settlement decision

Within 03 working days from the day on which the decision on complaint settlement is issued, the second time complaint settler must send the complaint settlement decision to the complainant, complained person, person with related rights and obligations, agencies, organizations and individuals forwards complaint.

Article 33. Dossier for the second time complaint settlement

The second time complaint settlement dossier is made in accordance with Article 25 of this Decree, including the first time complaint settlement dossier (if any).

Section 6 LEGALLY EFFECTIVENESS OF COMPLAINT SETTLEMENT DECISION AND EXECUTION

Article 34. Legally effective of complaint settlement decision

1. The first time complaint settlement decision takes effect as follow:

a) After 30 days from the date of issuance of the decision, the complainant does not appeal the second time complain or does not initiate a lawsuit at court as prescribed in point a, Clause 2, Article 10 of this Decree;

For remote area with difficult traffic condition, after 45 days from the date of issuance of the decision, the complainant does not appeal the second time complain or does not initiate a lawsuit at court as prescribed in point a, Clause 2, Article 10 of this Decree;

2. The second time time complaint settlement decision takes effect as follow:

b) After 30 days from the date of issuance of the decision, the complainant does no initiate a lawsuit at court as prescribed in point b, Clause 2, Article 10 of this Decree or the complained person  does no initiate a lawsuit at court as prescribed in point dd, Clause 1, Article 11 of this Decree

For remote area with difficult traffic condition, after 45 days from the date of issuance of the decision, the complainant does not initiate a lawsuit at court as prescribed in point b, Clause 2, Article 10 of this Decree;

3. Complaint settlement decision must be executed immediately after came into effect.

Article 35. Person who bears obligation and responsibility on execution of complaint settlement decision in force

1. Complaint settler.

2. Complainant.

3. Complained person.

4. Person with relevant right and obligation.

5. Related agency, organization and individual.

Article 36. Execution of effective complaint settlement decision

1. Complaint settlers shall, within the scope of their tasks and powers, direct agencies, organizations and individuals under their management to organize the implementation of legally effective complaint settlement decision; in necessary cases, to request competent authorities to take measures to ensure the execution of the legally effective complaint settlement decision; organize the implementation or assume the prime responsibility for, and coordinate with concerned organizations and agencies in, taking measures to restore the lawful rights and interests of complainants; propose other agencies and organizations to solve problems related to the implementation of complaint settlement decision (if any).

2. Within the ambit of their tasks and powers, concerned agencies, organizations and individuals shall have to abide by competent agencies’ decision to execute effective complaint settlement decision; coordinate with competent agencies, organizations and individuals in organizing the implementation of legally effective complaint settlement decision up on requested.

Chapter III

DENUNCIATION AND SETTLEMENT OF DENUNCIATION

Section 1 RIGHTS AND OBLIGATIONS OF DENOUNCER,  DENOUNCED PARTY AND DENUNCIATION HANDLER

Article 37. Rights and obligations of denouncer

1. Denouncers may file or file denunciations directly with competent agencies or individuals according to the provisions of Articles 39, 40, 41 and 42 of this Decree for act of law violation in the field of labor; vocational education; activities of sending Vietnamese workers to work abroad under contract; employment; occupational safety and hygiene.

2. Other denunciations’ rights and obligations shall comply with the law on denunciations and relevant law provisions.

Article 38. Rights and obligations of denounced party and denunciation handler

Rights and obligations of denounced party and denunciation handler shall comply with the law on denunciations and relevant law provisions.

Section 2 COMPETENT TO HANDLE THE DENUNCIATION

Article 39. Competent of the Chief Inspectors of Department of Labor, War Invalids and Social Affairs

The Chief Inspectors of Department of Labor, War Invalids and Social Affairs shall have the competent to handle the denunciation of law violations on labor, occupational safety and hygiene under the management of the Department of Labor - War Invalids and Social Affairs.

Article 40. The competent of the Director of the Department of Overseas Labor Management

The Director of the Department of Overseas Labor Management shall have the competent to handle the denunciation of law violations on sending Vietnamese workers to work abroad under contract under the state management of the Ministry of Labor, War Invalid and Social Affairs.

Article 41. Competent of the Chief Inspectors of the Ministry of Labor, War Invalid and Social Affairs

The Chief Inspectors of the Ministry of Labor, War Invalid and Social Affairs shall carry out consideration and handling the denunciation which the Chief Inspector of the Department of Labor - War Invalids and Social Affairs has been settled, but still has denounced to or the stipulated time limit is expired but the denunciation is still not resolved; handle denunciations assigned by the Minister of Labor, War Invalids and Social Affairs.

Article 42. Competent of the Minister of Labor, War Invalids and Social Affairs;

The Minister of Labor, War Invalids and Social Affairs shall shall carry out consideration and handling the denunciation which the Director of the Department of Overseas Labor Management settled but still has denounced to or the stipulated time limit is expired but the denunciation is still not resolved.

Article 43. Competence to settle denunciation on vocational education and employment

Denunciation on vocational education and employment shall be settled in accordance with law provisions on denunciation.

Article 44. Determination of competent to handle the denunciation

Denunciations with contents related to the state management function of many agencies; denunciations with the jurisdiction of many agencies; denunciations on act of law violation which showing criminal signs shall be implemented in comply with the provisions of law on denunciations.

Section 3 ORDER AND PROCEDURES FOR SETTLEMENT OF DENUNCIATION

Article 45. Order and procedures for settlement of denunciation

1. The order and procedures for receiving, sorting, verifying and making conclusion on denunciations contents and decide on the handling of denunciations of law violations in the field of labor; vocational education; sending Vietnamese workers to work abroad under contract; employment; occupational safety and hygiene shall comply with the law on denunciations.

2. In case the denounced party be concluded with administrative violations in the field of labor; vocational education; sending Vietnamese workers to work abroad under contract; employment; for occupational safety and hygiene, the handling of such administrative violations must comply with the law on handling of administrative violations.

3. Dossier of settlement of denunciations shall be made in accordance with the law on denunciations.

Chapter IV

IMPLEMENTATION

Article 46. Effect

This Decree takes effect on April 15, 2020.

Decree No. 119/2014/ND-CP dated December 17, 2014 of the Government detailing a number of articles of the Labor Code, the Law on Vocational Training, Law Vietnam guest workers under contract on complaint and denunciations shall be null and void on the effective date of this Decree.

The contents related to workers’ complaint and denunciations as stipulated in the Government’s Decree No. 75/2012/ND-CP dated October 03, 2012 of the Government on detailing a number of articles of the Law on Complaint, the Government’s Decree No. 76/2012/ND-CP of October 3, 2012, detailing a number of articles of the Law on Denunciations shall be null and void on the effective date of this Decree.

Article 47. Implementation responsibility

Ministers, Heads of ministerial agencies, Heads of Governmental agencies, Presidents of the People’s Committees of central-affiliated cities and provinces, related agencies, organizations and individuals shall responsible for the implementation of this Decree.

The Minister of Labor, War Invalid and Social Affairs within the scope of function and tasks shall take responsibility for instruction of the implementation of this Decree./.

For the Government

The Prime Minister

Nguyen Xuan Phuc