Decree No. 04/2005/ND-CP On detailing and guiding the implementation of certain provisions of the Labor Code regarding complaints and reports on labor issues.

DECREE

Detailed regulations and guidance on implementation of certain provisions
of the Labour Code on complaints and denunciations regarding labour

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Based on the Labour Code dated June 23, 1994; Law Amending and Supplementing Certain Provisions of the Labour Code dated April 2, 2002;

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

DECREE:

PART I
GENERAL PROVISIONS

Article 1. Scope of application

This Decree stipulates on complaints, denunciations, and the resolution of complaints and denunciations regarding labour.

Article 2. Applicability

This Decree shall apply to workers, worker collectives, and employers including:

1. Workers and worker collectives working in the following organizations:

a) Enterprises established and operating under the Law on State-Owned Enterprises;

b) Enterprises established and operating under the Enterprise Law;

c) Enterprises established and operating under the Law on Foreign Investment in Vietnam;

d) Enterprises of political organizations, political-social organizations;

đ) Cooperatives established and operating under the Law on Cooperatives;

e) State agencies, public service units, political organizations, political-social organizations, political-professional organizations, social-professional organizations, other social organizations;

g) Units and economic organizations under the People's Army of Vietnam and the People's Public Security Force;

h) Agencies and organizations that have signed contracts with workers for training, internship, and skill enhancement abroad;

i) Farms, individuals, households employing workers;

k) Semi-public, private, and foreign-owned establishments in cultural, health, education, training, scientific, physical culture and sports sectors, and other sectors;

l) Foreign agencies, organizations, individuals, or international organizations stationed in Vietnam employing workers according to Vietnamese labour laws, except where international treaties to which the Socialist Republic of Vietnam is a party provide otherwise.

2. Employers include:

a) General Directors, Directors of state-owned enterprises, private enterprises, joint-stock companies, limited liability companies, partnerships;

b) Cooperative managers, individuals, household heads hiring workers;

c) Heads of state agencies, public service units, political organizations, political-social organizations, political-professional organizations, social-professional organizations, other social organizations employing workers under labour contracts;

d) Heads of units and economic organizations under the People's Army of Vietnam and the People's Public Security Force employing workers under labour contracts;

đ) General Directors, Directors of foreign-invested enterprises operating under the Law on Foreign Investment in Vietnam, foreign agencies, organizations, individuals, or international organizations stationed in Vietnam employing workers under labour contracts;

e) Directors of enterprises, Heads of agencies, organizations, and individuals of Vietnamese nationality stationed in Vietnam employing foreign workers.

3. In cases where international treaties to which the Socialist Republic of Vietnam is a party provide differently from the provisions of this Decree, the provisions of such international treaties shall be applied.

Article 3. Subjects not subject to application

1. This Decree does not apply to the following subjects:

a) Civil servants under the Civil Servants Ordinance;

b) Cooperative members under the Law on Cooperatives;

c) Officers, non-commissioned officers, soldiers, professional military personnel, and civil servants under the People's Army of Vietnam and the People's Public Security Force;

d) Workers going abroad under forms prescribed in Clause 30, Article 1 of the Law Amending and Supplementing Certain Provisions of the Labour Code.

2. This Decree does not apply to the following cases:

a) Complaints and denunciations concerning decisions and actions not falling within the scope of labour relations;

b) Cases initiated according to the Civil Procedure Code regarding procedures for resolving labour disputes.

Article 4. Definitions

In this Decree, the following terms shall be understood as follows:

1. "Complaint" means the act of workers or worker collectives requesting competent authorities to review decisions or actions of employers when there is evidence indicating that such decisions or actions violate labour laws, infringing upon their lawful rights and interests.

2. "Denunciation" means the act of workers or worker collectives informing competent authorities about decisions or actions violating labour laws by employers causing or threatening to cause damage to the interests of the State, lawful rights and interests of workers or worker collectives.

3. "Complainant" is a worker or worker collective exercising the right to complain.

4. "Respondent in complaint" is an employer whose decision or action is being complained about.

5. "Denouncer" is a worker or worker collective exercising the right to denounce.

6. "Respondent in denunciation" is an employer whose decision or action is being denounced.

7. "Authority resolving complaints" is the agency or individual with authority to resolve complaints.

8. "Authority resolving denunciations" is the agency or individual with authority to resolve denunciations.

9. "Resolution of complaints" is the verification, conclusion, and issuance of a decision to resolve complaints by the competent authority or individual authorized to resolve complaints.

10. "Resolution of denunciations" is the verification, conclusion of the content of denunciations, and the decision to handle them by the competent authority or individual authorized to resolve denunciations.

11. "Decision resolving complaints having legal effect" includes: initial decision resolving complaints or subsequent decision resolving complaints within the time limit prescribed by law, if the complainant does not file further complaints; final decision resolving complaints.

12. "Head of the Department Inspector" is the Head of the Inspectorate of the Department of Labour, Invalids and Social Affairs.

13. "Head of the Ministry Inspector" is the Head of the Inspectorate of the Ministry of Labour, Invalids and Social Affairs.

14. "Labour decision" is a written decision of the employer applicable to workers or worker collectives in labour relations and related social relations.

15. "Labour action" is the action of the employer carried out in labour relations and related social relations.

The day for calculating the limitation period for complaints and the deadline for resolving complaints and denunciations is the working day of administrative agencies or individuals authorized to receive complaints and denunciations.

Article 5. Principles for Resolving Complaints and Denunciations

1. Objectivity, honesty, and compliance with the law.

2. Timely, swift, and transparent.

3. Within the scope of authority, in accordance with the procedures, formalities, and deadlines prescribed by law.

PART II
SETTLEMENT OF COMPLAINTS

PART 1
RIGHTS AND OBLIGATIONS OF THE COMPLAINANT AND RESPONDENT IN COMPLAINTS

Article 6. Rights and obligations of the complainant

1. The petitioner has the following rights:

a) To exercise the right to complain themselves or through a legally authorized representative.

b) The complainant disagrees with the initial decision on the complaint made by the employer and the labor inspector when conducting an inspection, and has the right to file a complaint with the Director of the Department's Inspectorate; if the complainant and the respondent disagree with the decision of the Director of the Department's Inspectorate, they have the right to continue filing a complaint with the Director of the Ministry's Inspectorate;

c) Have their lawful rights and interests restored, and be compensated for damages according to the decision resolving the complaint;

d) Withdraw the complaint at any stage of the complaint resolution process.

2. The complainant has the following obligations:

a) Submit the complaint letter to the competent authority responsible for handling the complaint;

b) The complaint letter must clearly state the reasons and content of the complaint, truthfully describe the incident; provide necessary information, documents, and evidence (if available); bear legal responsibility for the content of the complaint and all provided information, documents, and evidence;

c) Strictly comply with the complaint resolution decision that has taken legal effect.

Article 7. Rights and obligations of the respondent

1. The respondent has the following rights:

a) Provide evidence regarding the legality of the labor decision or behavior complained about;

b) Receive the decision resolving the complaint from the subsequent complaint resolver for complaints that they have resolved but the complainant continues to file;

2. The employer being complained against has the following obligations:

a) Accept and resolve the initial labor complaint;

b) Be responsible for reviewing and reconsidering the labor decision or behavior complained about; if found to be contrary to the law, promptly correct it and restore the lawful rights and interests of the employee;

c) Explain the labor decision or behavior complained about, provide relevant information, documents, and evidence when requested by the competent authority;

d) Strictly comply with the decision resolving the labor complaint once it becomes legally effective;

đ) Compensate for losses and mitigate consequences caused by their unlawful labor decisions or behaviors according to the law;

PART 2
COMPETENCE TO HANDLE COMPLAINTS

Article 8. Competence to resolve complaints

1. The employer is responsible for resolving the initial labor complaints of employees or labor collectives;

2. When conducting inspections, the labor inspector has the right to accept and resolve labor complaints according to the law;

3. The Director of the Department's Inspectorate has the authority to resolve labor complaints that the employer or labor inspector has resolved but are still subject to further complaints;

4. The Director of the Ministry's Inspectorate has the authority to resolve labor complaints that the Director of the Department's Inspectorate has resolved but are still subject to further complaints. The decision of the Director of the Ministry's Inspectorate is the final decision.

Article 9. Time limit for filing complaints

The time limit for filing complaints is ninety days, counted from the date the complainant receives the labor decision or becomes aware of the labor behavior.

In cases where the complainant cannot exercise their right to file a complaint within the prescribed time limit due to illness, natural disasters, enemy attacks, business trips, distant studies, or other objective obstacles, the period of such obstacles shall not be included in the time limit for filing complaints.

Article 10. Right to choose the complaint resolver

Employees or labor collectives who do not initiate a labor lawsuit before the competent court may file a complaint as stipulated in this Decree.

PART 3
PROCEDURES FOR HANDLING COMPLAINTS

Article 11. Cases where complaints will not be accepted for resolution

1. The content of the decision or behavior of the respondent does not fall within the scope of regulation of labor laws and is not directly related to the lawful rights and interests of the complainant;

2. The complainant lacks full civil capacity and does not have a legitimate representative;

3. The representative of the complainant is not legitimate;

4. The time limit for filing complaints or the time limit for further complaints has expired;

5. There is already a final decision resolving the complaint;

6. The complaint has been or is currently being handled by the People's Court or there is a judgment or decision with legal effect issued by the Court.

Article 12. Complaint procedures

1. The complainant must submit a letter clearly stating the date, month, year of the complaint, name, address, reasons, and content of the complaint; the name and address of the organization or individual using labor that is being complained against; the demands of the complainant. The complaint letter must be signed by the complainant. The complaint letter must be sent to the competent authority, organization, or individual responsible for handling the complaint.

2. If the complainant directly presents the complaint, the person responsible must guide the complainant to write a letter or record the content according to Clause 1 of this Article, with the signature of the complainant.

3. If the complaint is made through a representative, the representative must provide proof of their legitimate representation rights and the complaint must be processed according to the procedures specified in Clauses 1 and 2 of this Article.

Article 13. Acceptance for resolution of complaints

1. The competent authority responsible for resolving complaints, upon receiving a complaint within its jurisdiction, must accept it for resolution. If the complaint is outside its jurisdiction, it must notify and guide the complainant to send the complaint to the competent authority and simultaneously send any related documents and materials (if available). This notification will only be carried out once for each complaint case.

2. For letters containing both complaint and accusation content, the competent authority responsible for resolving the complaint content will handle it, while the accusation content will be transferred to the competent authority responsible for resolving accusations according to Article 26 of this Decree.

3. During inspections, if employees or labor collectives complain about labor decisions or behaviors, the labor inspector will handle it as follows:

a) If it is a letter that has already been initially resolved by the employer, guide the employee or labor collective to submit a further complaint letter to the Director of the Department's Inspectorate;

b) If it is an initial complaint letter, accept and accept it for resolution.

Article 14. Time limit and procedure for resolving initial complaints

1. When employees or labor collectives file an initial complaint about a labor decision or behavior of the employer, the employer or labor inspector conducting the inspection (hereinafter referred to as the initial complaint resolver) must accept and resolve it according to the following procedure:

a) Within ten days from the date of receipt of the complaint, the first-level complaint resolver must accept and process the complaint and notify the complainant in writing thereof.

b) The time limit for resolving complaints shall not exceed thirty days from the date of acceptance for processing; for complex cases, the resolution period may be extended but shall not exceed forty-five days from the date of acceptance for processing.

c) The first-level complaint resolver must meet and have direct dialogue with the complainant; for labor collective complaints, the participation of the grassroots trade union representative is required; where there is no grassroots trade union organization, the representative of the workers (from the higher-level trade union) must participate along with a labor mediator or other mass organization. The resolution of complaints by the first-level complaint resolver must be made by a decision on complaint resolution.

2. The decision on complaint resolution at the first level must include the following contents:

a) Date of issuance of the decision;

b) Name and address of the worker, employer;

c) Whether the content of the complaint is correct, partially correct, or entirely incorrect;

d) Legal basis for resolving the complaint;

đ) Maintain, amend, or revoke partially or entirely the decision, terminate the complained act; resolve specific issues within the complaint content;

e) Compensation for the person suffering losses (if applicable);

g) The right of the complainant and the respondent to file further complaints.

The decision on complaint resolution by the first-level complaint resolver must be sent to the complainant, the respondent (if the first-level complaint resolver is a labor inspector conducting an inspection), the Chief Inspector of the Department, the Provincial or Municipal Federation of Labor under the Central Government, relevant units, organizations, and individuals.

Article 15. Time limit, procedure for resolving subsequent complaints

1. Within thirty days from the expiration date of the initial resolution period, if the complaint has not been resolved, the complainant has the right to submit a complaint to the Chief Inspector of the Department.

2. Within thirty days from the date of receiving the first-level complaint resolution decision, if the complainant disagrees, they have the right to submit a further complaint to the Chief Inspector of the Department.

3. Within ten days from the date of receipt of the subsequent complaint resolution decision, the subsequent complaint resolver must accept and process it and notify the complainant in writing.

4. The time limit for resolving subsequent complaints shall not exceed forty-five days from the date of acceptance, for complex cases, it shall not exceed sixty days.

5. Within thirty days from the date of receiving the complaint resolution decision of the Chief Inspector of the Department, if the complainant and the respondent disagree, they have the right to file a further complaint to the Chief Inspector of the Ministry.

Article 16. Request for temporary suspension of implementation of decisions, acts of employers

During the complaint resolution process, if it is found that the decision or act being complained about by the employer may cause damage to the life or health of the worker or serious damage to state interests, the Chief Inspector of the Department has the authority to request the employer to temporarily suspend the implementation of such decision or act until a decision is made by the competent authority.

Article 17. Rights of the Chief Inspector of the Department when resolving complaints

1. During the complaint resolution process, the Chief Inspector of the Department has the right:

a) To meet and have direct dialogue with the complainants and respondents to clarify the content of the complaint, the demands of the complainant, and the direction of resolution;

b) To request the complainant to provide information, documents, and evidence regarding the content of the complaint;

c) To request the respondent to explain in writing about the disputed content;

d) To summon the complainant and respondent to organize direct dialogue;

đ) Verify on-site;

e) Seek expert opinions, and take other measures as prescribed by law.

2. Individuals, agencies, and organizations upon receiving requests from the Chief Inspector of the Department as stipulated in Clause 1 of this Article must comply with those requests.

Article 18. Subsequent complaint resolution decision

1. The subsequent complaint resolution decision must be in writing and include the following contents:

a) Date of issuance of the decision;

b) Name and address of the complainant and the respondent;

c) Content of the complaint;

d) Results of verification and investigation;

đ) Legal basis for resolving the complaint;

e) Conclusion on the content of the complaint and previous complaint resolution;

g) Maintain, amend, revoke, or request amendment or revocation partially or entirely of the decision, terminate the complained act; resolve specific issues within the complaint content;

h) Compensation for damages (if any);

i) The right of the complainant and the respondent to file further complaints.

2. The complaint resolution decision of the Chief Inspector of the Department must be sent to the complainant, the respondent, the Provincial or Municipal Federation of Labor under the Central Government, the Chief Inspector of the Ministry of Labor, Invalids and Social Affairs, relevant units, organizations, and individuals.

Article 19. Complaint resolution dossier

1. The resolution of complaints must be recorded in a file. The complaint resolution file includes:

a) The complaint letter or record of the complaint;

b) Minutes of verification, investigation, conclusions, and results of examination;

c) Other related documents;

d) Decision on complaint resolution.

2. The complaint resolution dossier must be paginated according to the order of documents and stored in accordance with the provisions of the law. In case the complainant continues to file a complaint, the dossier must be transferred to the competent authority for further resolution upon request.

PART 4
REVIEW OF THE FINAL COMPLAINT RESOLUTION DECISION
IN VIOLATION OF THE LAW

Article 20. Grounds for reviewing the final complaint resolution decision

1. When one of the following grounds exists, the persons specified in Article 21 of this Decree have the authority to review the final complaint resolution decision:

a) Discovering new circumstances that fundamentally change the content of the final complaint resolution decision;

b) The content of the final complaint resolution decision does not match the objective circumstances of the complaint case;

c) There is a serious violation of the procedures and formalities in verifying, concluding, and issuing the final complaint resolution decision causing damage to state interests and the legitimate rights and interests of the parties in the labor relationship;

d) There is a serious error in applying the law.

2. The statute of limitations for reviewing the final complaint resolution decision is twenty-four months from the date the decision becomes legally effective.

Article 21. Authority to review the final complaint resolution decision

1. The Chief Inspector of the Ministry, upon discovering one of the grounds specified in Article 20 of this Decree, must take responsibility to review the final complaint resolution decision.

2. The Minister of Labor, War Invalids and Social Affairs, upon discovering any of the grounds prescribed in Article 20 of this Decree, shall request the Inspector General of the Ministry to review the final decision on complaint resolution.

3. When reviewing the final decision on complaint resolution, the authorized person retains, amends, or revokes that decision.

PART 5
IMPLEMENTATION OF THE DECISION ON COMPLAINT RESOLUTION
WITH LEGAL EFFECT

Article 22. Implementation of the decision on complaint resolution with legal effect

1. When the decision on complaint resolution has legal effect, the employer, employee, labor collective, agency, organization, or individual related thereto must strictly comply.

2. In cases where the complaint is correct, the person being complained against shall be responsible for organizing the implementation of the decision on complaint resolution, ceasing the complained-of conduct; amending or revoking the complained-of decision; publicly apologizing; restoring the reputation and all material rights of the employee.

3. In cases where the complaint is incorrect, the person resolving the complaint shall explain and require the complainant to comply with the decision on complaint resolution; if necessary, the person resolving the complaint may request the Labor Inspector to implement measures within their authority to ensure strict compliance with the decision on complaint resolution having legal effect.

Article 23. INSPECTION OF THE IMPLEMENTATION OF THE DECISION ON COMPLAINT RESOLUTION

The Inspector General of the Department and the Inspector General of the Ministry shall be responsible for inspecting the implementation of the decision on complaint resolution having legal effect.

CHAPTER III
COMPLAINT REPORTING

PART 1
RIGHTS AND OBLIGATIONS OF THE COMPLAINANT AND THE PERSON BEING COMPLAINED AGAINST

Article 24. Rights and obligations of the complainant

1. The complainant has the following rights:

a) To submit a complaint letter or directly report to the Inspector General of the Department or the Labor Inspector when conducting inspections regarding violations of labor laws by employers;

b) If the complainant disagrees with the conclusion of the Labor Inspector or the Inspector General of the Department, they have the right to report to the Inspector General of the Ministry;

c) To request confidentiality of their name, address, and signature;

d) To request notification of the outcome of the complaint resolution;

đ) To request the competent authority to protect them from threats, harassment, or retaliation.

2. The complainant has the following obligations:

a) To clearly state their name, address, or that of the representative of the labor collective;

b) To truthfully present and provide relevant documents and evidence related to the content of the complaint;

c) To bear responsibility under the law for making false complaints.

Article 25. Rights and obligations of the person being complained against

1. The person being complained against has the following rights:

a) To be informed about the content of the complaint;

b) To present evidence to prove that the content of the complaint is not true;

c) To have their rights and legitimate interests restored, their reputation restored, and compensation for damages caused by false complaints according to the law;

d) To request the competent authority to handle the person who made a false complaint.

2. The person being complained against has the following obligations:

a) To explain the content of the complaint; to provide information, documents, and evidence related to the content of the complaint when requested by the competent authority;

b) To strictly comply with the decision on handling issued by the competent authority;

c) To compensate for damages and rectify consequences caused by their violation of labor laws.

PART 2
AUTHORITY TO SETTLE PETITIONS

Article 26. Authority to Resolve Complaints

1. The Inspector General of the Department and the Labor Inspector have the authority to resolve complaints during inspections.

2. The Inspector General of the Ministry has the authority to conclude and make the final decision on the resolution of complaints resolved by the Inspector General of the Department or the Labor Inspector during inspections.

PART 3
PROCEDURE FOR HANDLING COMPLAINTS

Article 27. Complaint Reporting Procedures

The complainant must submit a letter to the Inspector General of the Department or the Labor Inspector when conducting inspections at enterprises. The complaint letter must clearly state the name, address of the complainant or the representative of the labor collective making the complaint; the content of the complaint. In cases where the complainant presents the complaint in person, the Labor Inspector or staff of the Department of Labor, War Invalids and Social Affairs shall record the content of the complaint, the name, and address of the complainant; the complainant's signature shall be included in the report to the Inspector General of the Department for consideration and resolution.

Article 28. Handling Complaint Letters

1. The state administrative agency receiving the complaint has the responsibility to classify and process as follows:

a) If the complaint falls within the authority to resolve, it must be accepted and resolved according to the procedures and regulations stipulated in this Decree;

b) If the complaint does not fall within the authority to resolve, it must be transferred to the Inspector General of the Department at the headquarters of the employer being complained against within the latest ten days from the date of receipt, along with the complaint letter and any related evidence (if available);

c) If the complaint involves criminal behavior, it must be transferred to the investigative agency or the Public Prosecutor for handling according to the law.

2. In cases where the decision or action of the employer being complained against may cause serious damage to national interests or the life and health of employees, the receiving agency must immediately inform the Inspector General of the Department where the decision or action occurred to take preventive measures.

3. If the Inspector General of the Department or the Labor Inspector receives information that the complainant is threatened, harassed, or retaliated against while conducting inspections, they must take responsibility to investigate or coordinate with relevant authorities to protect the complainant, prevent such actions, and recommend appropriate authorities to handle those who threaten, harass, or retaliate against the complainant.

Article 29. Time Limit for Resolving Complaints

The time limit for resolving labor complaints shall not exceed sixty days from the date of acceptance for resolution; for complex cases, the resolution period may be extended but shall not exceed ninety days from the date of acceptance for resolution.

Article 30. Receiving Information and Documents on Complaints

When directly receiving information and documents provided by the complainant, the person being complained against, agencies, organizations, or individuals, the person handling the complaint must issue a receipt, signed by both the recipient and the provider.

Article 31. Ensuring the Rights of the Person Being Complained Against

During the complaint resolution process, the person tasked with verification must create conditions for the person being complained against to explain and present evidence to prove the correctness or incorrectness of the complained content.

Article 32. Collection of evidence

The collection of documents and evidence during the verification and handling of labor complaints must be recorded in writing and kept in the complaint resolution file. After completing the verification process, the person assigned to verify must issue a written conclusion on the content of the complaint.

Article 33. Handling the content of complaints

Based on the results of verification and conclusions on the content of the complaint, the Head of the Department Inspectorate, Labor Inspectors shall handle as follows:

1. In cases where the accused does not violate labor laws, there must be a clear conclusion and a written notification sent to the complainant, the accused, and related agencies, organizations, or individuals.

2. In cases where the accused violates labor laws, a written request for the accused to comply with labor law regulations must be issued, and depending on the nature and severity of the violation, administrative penalties may be imposed or recommendations made to competent state authorities for handling according to the law.

3. In cases where the actions of the accused indicate criminal offenses, the case file must be transferred to the investigation agency or the People's Procuracy for resolution according to the law.

The conclusion on complaint resolution must be documented in writing and sent to the complainant, the accused, and related agencies, organizations, or individuals.

Article 34. Maintaining confidentiality and ensuring safety for the complainant

Agencies, organizations, or individuals receiving or handling complaints must maintain the confidentiality of the complainant, without disclosing their name, address, handwriting, or other harmful information about the complainant.

Article 35. Complaint resolution files

Complaint resolution must be documented in a file, which includes:

a) The complaint letter or record of the complaint;

b) Verification records, appraisal results, documents, and evidence collected during the resolution process;

c) Explanation from the accused;

d) Conclusion on the content of the complaint; recommendation document for handling measures;

đ) Other relevant documents;

e) Resolution decision.

PART IV
MANAGEMENT OF PETITION AND COMPLAINT RESOLUTION WORK

Article 36. Content of management of petition and complaint resolution work

a) Issuing legal normative documents on petition and complaint resolution;

b) Propaganda, guidance, and organization of the implementation of legal provisions on petitions and complaints;

c) Inspection and supervision of the implementation of legal provisions on petitions and complaints;

d) Training and capacity building for officials and civil servants engaged in petition and complaint resolution work;

đ) Compilation of petition and complaint situations and resolution outcomes;

e) Summarizing experiences in petition and complaint resolution work.

Article 37. Responsibilities of the Ministry of Labor - Invalids and Social Affairs

The Ministry of Labor - Invalids and Social Affairs is responsible before the Government for managing state affairs regarding petition and complaint resolution concerning labor within the scope of the Government's authority.

CHAPTER V
REWARD AND VIOLATION HANDLING

Article 38. Awards

Agencies, organizations, or individuals who have achievements in petition and complaint resolution, and complainants who contribute to preventing losses for the State and protecting the legitimate rights and interests of workers shall be rewarded according to the law.

Article 39. Handling Violations

Any person committing any of the following acts shall be subject to disciplinary action, administrative penalty, or criminal prosecution depending on the nature and severity of the violation; if causing damage, they must compensate for the loss according to the law:

1. Inciting, coercing, enticing, or bribing others to make false petitions or complaints.

2. Abusing petition or complaint procedures to defame, slander, disrupt public order, or cause damage to the interests of agencies, organizations, or individuals.

3. Making false complaints.

4. Threatening, retaliating against, or insulting petitioners or those responsible for resolving petitions or complaints.

5. Refusing to comply with decisions on petition resolution or complaint handling.

6. Violating other legal provisions on petition and complaint resolution concerning labor.

Article 40. Handling violations by persons responsible for resolving petitions and complaints

Persons responsible for resolving petitions and complaints who commit any of the following acts shall be subject to disciplinary action or criminal prosecution depending on the nature and severity of the violation; if causing damage, they must compensate according to the law:

1. Neglecting responsibilities in resolving petitions and complaints.

2. Causing inconvenience, harassment, or obstruction of the exercise of petition and complaint rights.

3. Intentionally delaying the resolution of petitions and complaints.

4. Altering case files during the resolution of petitions and complaints.

5. Issuing resolutions on petition and complaint resolution contrary to the law.

6. Failing to promptly apply necessary measures to stop illegal acts.

7. Threatening, persecuting, retaliating against petitioners; shielding the accused.

8. Violating other legal provisions on petitions and complaints.

Chapter VI
IMPLEMENTING PROVISIONS

Article 41. Effectiveness

1. This Decree takes effect 15 days after its publication in the Official Gazette. Previous regulations inconsistent with this Decree are abolished.

2. Petitions and complaints accepted, under review, or being resolved before the effective date of this Decree shall continue to be resolved according to this Decree.

Article 42. Responsibility for Implementation

The Minister of Labor - Invalids and Social Affairs is responsible for guiding the implementation of this Decree.

Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of provincial People's Committees directly under the Central Government, workers, worker collectives, and employers are responsible for implementing this Decree./.