Decree No. 119/2014/ND-CP detailing certain provisions of the Labor Code, the Vocational Training Law, and the Law on Vietnamese Workers Working Abroad under Contracts regarding complaints and denunciations.

DECREE

Regulations on certain provisions of the Labor Code, the Vocational Training Law, and the Law on Vietnamese Workers Going to Work Abroad under Contracts

The Government issues this Decree to provide detailed regulations on certain provisions of the Labor Code, the Vocational Training Law, and the Law on Vietnamese Workers Going to Work Abroad under Contracts regarding complaints and denunciations.

concerning complaints and denunciations

__________________________

 

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

Based on the Labor Code dated June 18, 2012;

Pursuant to the Vocational Training Law dated November 29, 2006;

Pursuant to the Law on Vietnamese Workers Going Abroad Under Contract dated November 29, 2006;

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

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

At the proposal of The Government issues this Decree to provide detailed regulations on certain provisions of the Labor Code, the Vocational Training Law, and the Law on Vietnamese Workers Going to Work Abroad under Contracts regarding complaints and denunciations.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree regulates complaints and their resolution against decisions and actions related to labor by employers; decisions and actions related to vocational training by organizations and individuals participating in vocational training activities; decisions and actions related to sending Vietnamese workers to work abroad under contracts by organizations and individuals participating in such activities; denunciations and their resolution against violations of laws by agencies, organizations, and individuals in the fields of labor, vocational training, and activities of sending Vietnamese workers to work abroad under contracts.

2. The resolution of complaints through inspection activities shall be carried out in accordance with the laws on inspection and relevant laws.

Article 2. Applicability

1. This Decree applies to the following subjects:

a) Workers, apprentices, probationers, trainees, Vietnamese workers going to work abroad under contracts;

b) Employers;

c) Organizations and individuals participating in vocational training activities;

d) Organizations and individuals sending Vietnamese workers to work abroad under contracts;

e) Organizations and individuals related to vocational training activities and activities of sending Vietnamese workers to work abroad under contracts.

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

a) State-owned enterprises, public service units, and individual Vietnamese workers going to work abroad under contracts as stipulated by the Law on Vietnamese Workers Going to Work Abroad under Contracts;

b) Administrative decisions and administrative acts of state administrative agencies and persons authorized within state administrative agencies.

Article 3. Explanation of Terms

In this Decree, the following terms are understood as follows:

1. A labor complaint is a request made by workers, apprentices, or probationers according to the procedures set forth in this Decree for the competent authority to review decisions and actions related to labor by employers when there is evidence that such decisions and actions violate labor laws and infringe upon their lawful rights and interests.

2. A vocational training complaint is a request made by trainees or organizations and individuals related to vocational training activities in Vietnam according to the procedures set forth in this Decree for the competent authority to review decisions and actions related to vocational training by organizations and individuals participating in vocational training activities when there is evidence that such decisions and actions violate vocational training laws and infringe upon their lawful rights and interests.

3. A complaint about the activity of sending Vietnamese workers to work abroad under contracts is a request made by Vietnamese workers going to work abroad under contracts according to the procedures set forth in this Decree for the competent authority to review decisions and actions related to sending Vietnamese workers to work abroad under contracts by organizations and individuals sending Vietnamese workers to work abroad under contracts when there is evidence that such decisions and actions violate laws on sending Vietnamese workers to work abroad under contracts and infringe upon their lawful rights and interests.

4. A labor, vocational training, or complaint about the activity of sending Vietnamese workers to work abroad under contracts is a report made by citizens, workers, apprentices, probationers, trainees, or Vietnamese workers going to work abroad under contracts according to the procedures set forth in this Decree to the competent authority about violations of laws by agencies, organizations, or individuals in the fields of labor, vocational training, and activities of sending Vietnamese workers to work abroad under contracts causing damage or threatening to cause damage to the interests of the State, the rights, and lawful interests of citizens and agencies.

5. The complainant in a labor complaint is the worker, apprentice, or probationer who exercises the right to file a complaint.

6. The complainant in a vocational training complaint is the trainee or organization or individual related to vocational training activities who exercises the right to file a complaint.

7. The complainant in a complaint about the activity of sending Vietnamese workers to work abroad under contracts is the Vietnamese worker going to work abroad under contracts or organization or individual related to the activity of sending Vietnamese workers to work abroad under contracts who exercises the right to file a complaint.

8. The respondent in a labor complaint is the employer whose decision or action related to labor is being complained about.

9. The respondent in a vocational training complaint is the organization or individual participating in vocational training activities whose decision or action related to vocational training is being complained about.

10. The respondent in a complaint about the activity of sending Vietnamese workers to work abroad under contracts is the organization or individual sending Vietnamese workers to work abroad under contracts whose decision or action related to sending Vietnamese workers to work abroad under contracts is being complained about.

11. The denouncer in a labor, vocational training, or complaint about the activity of sending Vietnamese workers to work abroad under contracts is the citizen, worker, apprentice, probationer, trainee, or Vietnamese worker going to work abroad under contracts who exercises the right to denounce.

12. The respondent in a labor denunciation is the employer whose conduct is being denounced.

13. The respondent in a vocational training denunciation is the organization or individual participating in vocational training activities whose conduct is being denounced.

14. The respondent in a denunciation about the activity of sending Vietnamese workers to work abroad under contracts is the organization or individual sending Vietnamese workers to work abroad under contracts whose conduct is being denounced.

15. The authority resolving labor, vocational training, or complaints about the activity of sending Vietnamese workers to work abroad under contracts is the agency, organization, or individual authorized to resolve complaints as stipulated in this Decree.

16. The person handling complaints regarding labor, vocational training, and sending Vietnamese workers to work abroad under contracts is the authority responsible for handling complaints as stipulated in this Decree.

17. Handling a labor, vocational training, or sending Vietnamese workers to work abroad under contract complaint involves accepting, investigating, concluding, and issuing a decision on the complaint.

18. Resolving a complaint regarding labor, vocational training, and sending Vietnamese workers to work abroad under contracts involves receiving, investigating, concluding on the content of the complaint, and processing the complaint by the complaint handler.

19. Withdrawing a complaint is the act of the complainant requesting the complaint handler to terminate the complaint resolution process.

20. A labor decision is a written decision made by the employer that applies to employees, trainees, and probationers in labor relations and directly related matters.

21. Labor conduct is the act of the employer carried out in labor relations and directly related matters.

22. A vocational training decision is a written decision made by organizations or individuals participating in vocational training activities that apply to individual trainees in vocational training activities and directly related matters.

23. Vocational training conduct is the act of organizations or individuals participating in vocational training activities carried out in vocational training activities and directly related matters.

24. A decision on sending Vietnamese workers to work abroad under contracts is a written decision made by organizations or individuals sending Vietnamese workers to work abroad under contracts that apply to workers in the activity of sending Vietnamese workers to work abroad under contracts and directly related activities.

25. Conduct in sending Vietnamese workers to work abroad under contracts is the act of organizations or individuals sending Vietnamese workers to work abroad under contracts carried out in the activity of sending Vietnamese workers to work abroad under contracts and directly related activities.

Article 4. Principles for handling complaints and reports regarding labor, vocational training, and activities of sending Vietnamese workers to work abroad under contracts.

1. Timely, objective, transparent, democratic.

2. Ensuring the rights and legitimate interests of the complainant, the person complained against, the reporter, the person reported, and related individuals and organizations.

Chapter II

COMPLAINTS AND COMPLAINT HANDLING

Section 1: COMPLAINTS

Article 5. Complaint Procedure

1. When there is evidence indicating that the decisions or actions of the employer; organizations or individuals providing vocational training; organizations or individuals sending Vietnamese workers to work abroad under contracts violate the law and directly infringe upon their legitimate rights and interests, the complainant shall submit a complaint to the first-level complaint handler as prescribed in Clause 1, Article 15, Clause 1, Article 16, and Clause 1, Article 17 of this Decree.

2. In cases where the complainant disagrees with the decision on handling the complaint as prescribed in Clause 1 of this Article or if the complaint is not resolved within the time limit specified in Article 19 of this Decree, the complainant may submit a second-level complaint as follows:

a) For complaints about labor, the complainant shall submit a complaint to the complaint handler as prescribed in Clause 2, Article 15 of this Decree.

b) For complaints about vocational training, the complainant shall submit a complaint to the complaint handler as prescribed in Clause 2, Article 16 of this Decree.

c) For complaints about activities of sending Vietnamese workers to work abroad under contracts, the complainant shall submit a complaint to the complaint handler as prescribed in Clause 2, Article 17 of this Decree.

3. In cases where the complainant disagrees with the decision on handling the complaint as prescribed in Clause 2 of this Article or if the time limit specified in Article 27 of this Decree has expired, the complainant has the right to file a complaint according to the Law on Complaints and related documents or initiate a lawsuit at the court as prescribed in Point b, Clause 2, Article 10 of this Decree.

Article 6. Forms of Complaints

1. Complaints are made in the form of submitting a complaint letter or making a direct complaint, as follows:

a) If the complaint is submitted in the form of a letter, the complaint letter must clearly state the following information: date of complaint; name and address of the complainant; name and address of the organization, entity, or individual being complained against; content, reasons for the complaint, relevant documents concerning the complaint (if any), and request for resolution of the complaint. The complaint letter must be signed or marked by the complainant.

b) If the complaint is submitted directly, the person receiving the complaint will guide the complainant to write a complaint letter or record the full content of the complaint as prescribed in Point a, Clause 1 of this Article and require the complainant to sign or mark the document.

2. In cases where multiple people file a complaint about the same content, it shall be carried out as follows:

a) If the complaint is submitted in the form of a letter, it must include all the contents prescribed in Point a, Clause 1 of this Article, with signatures of the complainants and designation of a representative to present the case when requested by the complaint handler.

b) If the complaint is submitted directly, the competent authority will organize the reception and request the designation of a representative to present the content of the complaint; the person receiving the complaint will record the full content of the complaint as prescribed in Point a, Clause 1 of this Article and require the representative to sign or mark the document.

3. In cases where the complaint is made through a representative, the representative must have proof of the legality of their representation and comply with the provisions of this Decree in filing the complaint.

Article 7. Statute of Limitations for Complaints

1. The initial complaint period is 180 days, starting from the day the complainant receives or becomes aware of the decision or action of the employer, organizations or individuals providing vocational training, or organizations or individuals sending Vietnamese workers to work abroad under contracts that are being complained about.

2. The second-level complaint period is 30 days, starting from the expiration of the time limit specified in Article 19 of this Decree or from the day the complainant receives the initial complaint resolution decision which they disagree with.

3. In cases where the complainant cannot exercise their right to appeal within the time limit prescribed in Clause 1 and Clause 2 of this Article due to illness, natural disasters, enemy activities, official duties, studying far away, or other objective obstacles, the period of such obstacles shall not be counted towards the time limit for appeal.

Article 8. Withdrawal of Complaints

1. The complainant has the right to withdraw a complaint at any point during the complaint process and its resolution.

2. The withdrawal of a complaint must be made in writing with the signature or fingerprint of the complainant; the request to withdraw the complaint must be sent to the authority handling the complaint.

3. Within three working days from the date of receipt of the complainant's request to withdraw the appeal, the person handling the appeal shall issue a decision to suspend the handling of the appeal and send it to the person withdrawing the appeal.

Article 9. Complaints Not Admitted for Resolution Pursuant to this Decree

1. The decision or act being complained about does not directly relate to the legitimate rights and interests of the complainant.

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

3. An unauthorized representative.

4. The complaint does not bear the signature or fingerprint of the complainant.

5. The time limit for appeal as prescribed in Clause 1 and Clause 2 of Article 7 of this Decree has expired without any reason as provided for in Clause 3 of Article 7 of this Decree.

6. There is a notification from an authorized agency suspending the resolution of the complaint, and after thirty days from the date of the notification, the complainant does not continue to file a complaint.

7. The complaint has been resolved with a decision having legal effect.

8. The complaint has been accepted by the Court or resolved through a judgment or decision of the Court, except for decisions suspending the trial of the case by the Court.

Section 2: RIGHTS AND OBLIGATIONS OF THE COMPLAINANT, THE PERSON BEING COMPLAINED AGAINST, THE APPEAL HANDLER, ATTORNEYS, LEGAL ASSISTANTS

AND PARTICIPATING LEGAL ASSISTANTS

AND PARTICIPATING LEGAL ASSISTANTS

Article 10. Rights and Obligations of the Complainant

1. The complainant has the following rights:

a) To file a complaint personally or authorize another person to file a complaint on their behalf;

b) To participate in dialogue or authorize a lawful representative to participate in dialogue;

c) To be informed of, read, copy, and reproduce documents and evidence collected by the appeal handler for the purpose of resolving the appeal, except for information and documents classified as state secrets or personal secrets of the person being complained against as stipulated by law;

d) To request individuals, agencies, or organizations that are holding or managing information or documents related to the content of the complaint to provide such information or documents; except for information and documents classified as state secrets or personal secrets of the person being complained against as stipulated by law;

đ) To request the complaint resolver to apply urgent measures to prevent potential consequences arising from the implementation of the complained against decision or act;

e) To present evidence regarding the complaint and explain their views on such evidence;

g) To restore their legitimate rights and interests that were violated due to the implementation of the complained against decision or act;

h) To receive compensation for damages according to the law;

i) To withdraw the complaint as stipulated in Article 8 of this Decree;

k) To file a second complaint;

l) To initiate a lawsuit at the court as provided for in Clause 2 of this Article.

2. Right to initiate a lawsuit at the court:

a) The complainant has the right to initiate a lawsuit before the Court according to civil procedural laws in the following circumstances:

- When there is evidence indicating that the decision or act of the employer; vocational training organization or individual; organization or individual sending Vietnamese workers abroad under a contract is contrary to the law, directly infringing upon their lawful rights and interests;

- Not agreeing with the first-level appeal resolution decision as prescribed in Article 22 of this Decree;

- Exceeding the time limit prescribed in Article 19 of this Decree while the first-level appeal has not been resolved;

b) The complainant has the right to initiate a lawsuit before the Court according to administrative procedural laws in the following circumstances:

When disagreeing with the second-level appeal resolution decision as prescribed in Article 30 of this Decree;

Exceeding the time limit prescribed in Article 27 of this Decree while the second-level appeal has not been resolved.

3. The complainant has the following obligations:

a) To file a complaint in accordance with the procedures and formalities prescribed in this Decree;

b) To truthfully present the matter, provide evidence regarding the appeal; provide relevant information and documents to the appeal handler; bear legal responsibility for the content presented and the provision of information and documents;

c) To strictly comply with the complaint resolution decision having legal effect.

4. The complainant shall perform other rights and obligations as prescribed by law.

Article 11. Rights and Obligations of the Person Against Whom a Complaint is Filed

1. The person against whom a complaint is filed has the following rights:

a) To present evidence regarding the legality of the decision or act being complained about;

b) To be informed of, read, copy, and reproduce documents and evidence collected by the second-level appeal handler for the purpose of resolving the appeal, except for information and documents classified as state secrets or personal secrets of the person being complained against as stipulated by law;

c) To request individuals, agencies, or organizations that are holding or managing information or documents related to the content of the appeal to provide such information or documents to themselves within five working days from the date of the request and hand them over to the second-level appeal handler for the purpose of resolving the appeal, except for information and documents classified as state secrets or personal secrets of the person being complained against as stipulated by law;

d) To receive the second-level appeal resolution decision.

2. The person against whom a complaint is filed has the following obligations:

a) To handle the first-level appeal according to the authority prescribed in Clause 1 of Article 15, Clause 1 of Article 16, and Clause 1 of Article 17 of this Decree;

b) To participate in dialogue or authorize a lawful representative to participate in dialogue;

c) To comply with the decision to verify the content of the complaint issued by individuals or agencies authorized to resolve the second-level complaint;

d) To provide information and documents related to the content of the complaint within five working days from the date the authorized second-level complaint resolution agency requests;

đ) To explain the legality and correctness of the decision or act being complained about when requested by the authorized second-level complaint resolution agency;

e) To strictly comply with the complaint resolution decision that has legal effect;

3. The person against whom a complaint is filed shall perform other rights and obligations as prescribed by law.

Article 12. Rights and Obligations of the Initial Complaint Resolution Authority

1. The initial complaint resolution authority has the following rights:

a) To request the complainant and those related to the complaint to provide information, documents, and evidence within five working days from the date of the request to serve as the basis for resolving the complaint;

b) To decide on the application or revocation of emergency measures as prescribed in Article 25 of this Decree.

2. The initial complaint resolution authority has the following obligations:

a) To accept appeals and notify in writing about the acceptance of the appeal for resolution to individuals, agencies, or organizations as prescribed in Article 18 of this Decree;

b) To resolve complaints against its own decisions or acts being complained about;

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

d) To send the appeal resolution decision to individuals, agencies, or organizations as prescribed in Article 23 of this Decree;

đ) To be responsible under the law for the resolution of complaints made against it;

e) To provide information, documents, and evidence related to the content of the complaint when requested by the complainant;

g) To provide the complaint resolution file when requested by the second-level complaint resolution authority or the court;

3. The initial complaint resolution authority shall perform other rights and obligations as prescribed by law.

Article 13. Rights and Obligations of the Second-Level Complaint Resolver

1. The second-level complaint resolver has the following rights:

a) To request the complainant, the person being complained against, and related agencies, organizations, or individuals to provide information, documents, and evidence within five working days from the date of the request as a basis for resolving the appeal;

b) To decide on the application or revocation of emergency measures as prescribed in Article 25 of this Decree;

c) Soliciting expert opinions as a basis for resolving complaints.

2. The second-level complaint resolver has the following obligations:

a) Accepting, registering, and establishing files for complaints within their jurisdiction;

b) Checking and verifying the content of the complaint;

c) Organizing dialogue between the complainant, the respondent, and related agencies, organizations, or individuals;

d) Issuing and publicizing the decision on resolving the complaint;

đ) Providing information and documents related to the content of the complaint when requested by the complainant or the respondent;

e) Providing information and documents related to the content of the complaint and the file on resolving the second-level complaint when requested by the Court.

3. The second-level complaint resolver shall perform other rights and obligations as prescribed by law.

Article 14. Rights and obligations of lawyers, legal assistants, and persons participating in legal assistance

1. Lawyers, legal aid assistants, and individuals participating in legal aid have the following rights:

a) Participating in the process of resolving complaints at the request of the complainant;

b) Exercising the rights and fulfilling the obligations of the complainant upon receiving authorization;

c) Verifying and collecting evidence related to the content of the complaint at the request of the complainant and providing such evidence to the complaint resolver;

d) Study case files, copy, reproduce documents and evidence related to the content of complaints to protect the legitimate rights and interests of the complainant; except for information and documents classified as state secrets or the secrets of the person being complained against as provided by law.

2. Lawyers, legal aid assistants, and individuals participating in legal aid have the following obligations:

a) Presenting their lawyer card, legal aid assistant card, assignment decision for legal aid, or legal assistance request letter or power of attorney from the complainant;

b) Fulfilling the content and scope of the authorization granted by the complainant.

3. Lawyers, legal aid assistants, and individuals participating in legal aid shall perform other rights and obligations as prescribed by law.

Section 3: COMPETENCE TO SETTLE COMPLAINTS

Article 15. Competence to settle labor complaints

1. The employer has the competence to settle the first-level complaint regarding their decisions or actions that have been complained about.

2. The Director of the Department of Labor, Invalids and Social Affairs where the employer's main office is located has the competence to settle the second-level labor complaint when the complainant disagrees with the first-level settlement decision as stipulated in Clause 1 of this Article or if the time limit specified in Article 19 of this Decree has expired without the complaint being resolved.

Article 16. Competence to settle vocational training complaints

1. The head of the vocational training institution has the competence to settle the first-level complaint regarding their decisions or actions that have been complained about.

2. The Director of the Department of Labor, Invalids and Social Affairs where the vocational training institution's main office is located has the competence to settle the second-level vocational training complaint when the complainant disagrees with the first-level settlement decision as stipulated in Clause 1 of this Article or if the time limit specified in Article 19 of this Decree has expired without the complaint being resolved.

Article 17. Competence to handle complaints regarding the dispatching of Vietnamese workers to work abroad under contracts

1. The head of an organization dispatching Vietnamese workers to work abroad under contracts shall have the competence to handle the first-level complaint against their own decisions or actions that are being complained about.

2. The Director of the Overseas Labor Management Department has the competence to settle the second-level complaint regarding the activities of sending Vietnamese workers to work abroad under contracts when the complainant disagrees with the first-level settlement decision as stipulated in Clause 1 of this Article or if the time limit specified in Article 19 of this Decree has expired without the complaint being resolved.

Section 4: PROCEDURES, FORMALITIES, AND TIME LIMITS FOR SETTLING COMPLAINTSFIRST TIME

Article 18. Acceptance of first-level complaint settlement

1. Acceptance of labor complaint settlement

a) Within seven working days from the date of receiving the complaint within the scope and competence to settle, the first-level complaint resolver must accept the complaint for settlement and notify the complainant and the Director of the Department of Labor, Invalids and Social Affairs where the employer's main office is located in writing about the acceptance of the complaint for settlement;

b) In cases where the complaint is transferred by another agency, organization, or individual, in addition to the notification as stipulated in Point a of this Clause, the first-level complaint resolver must also notify in writing the transferring agency, organization, or individual about the acceptance of the complaint for settlement.

2. Acceptance of vocational training complaint settlement

a) Within seven working days from the date of receiving the complaint within the scope and competence to settle, the first-level complaint resolver must accept the complaint for settlement and notify the complainant and the Director of the Department of Labor, Invalids and Social Affairs where the vocational training institution's main office is located in writing about the acceptance of the complaint for settlement;

b) In cases where the complaint is transferred by another agency, organization, or individual, in addition to the notification as stipulated in Point a of this Clause, the first-level complaint resolver must also notify in writing the transferring agency, organization, or individual about the acceptance of the complaint for settlement.

3. Acceptance of First-Level Complaints Regarding the Dispatching of Vietnamese Workers to Work Abroad Under Contracts

a) Within seven working days from the date of receiving the complaint within the scope and competence to settle, the first-level complaint resolver must accept the complaint for settlement and notify the complainant and the Director of the Overseas Labor Management Department in writing about the acceptance of the complaint for settlement;

b) In cases where the complaint is transferred by another agency, organization, or individual, in addition to the notification as stipulated in Point a of this Clause, the first-level complaint resolver must also notify in writing the transferring agency, organization, or individual about the acceptance of the complaint for settlement.

4. When accepting a complaint for settlement, the competent authority to settle the complaint must issue a decision to accept the complaint for settlement.

Article 19. Time limit for handling initial complaints

1. The time limit for resolving an initial complaint shall not exceed thirty days from the date of acceptance; for complex cases, the time limit for resolution shall not exceed forty-five days from the date of acceptance.

2. In remote areas with difficult access, the time limit for resolving complaints shall not exceed forty-five days from the date of acceptance; for complex cases, the time limit for resolution shall not exceed sixty days from the date of acceptance.

Article 20. Inspection and verification of initial complaint contents

1. Within the time limit prescribed in Article 19 of this Decree, the person handling the initial complaint shall conduct inspections and verifications of the complaint content themselves or delegate to specialized units.

2. The inspection and verification of complaint content must ensure objectivity, accuracy, and timeliness.

3. The person responsible for inspecting and verifying the complaint content has the following rights and obligations:

a) Requesting the complainant, relevant agencies, organizations, and individuals to provide information, documents, and evidence related to the complaint content;

b) Requesting the complainant, relevant agencies, organizations, and individuals to explain in writing about the complaint content;

c) Summoning the complainant, relevant agencies, organizations, and individuals;

d) Soliciting expert opinions as a basis for resolving the complaint;

đ) Implementing other inspection and verification measures as provided by law;

e) Reporting the results of inspection and verification and being responsible for the verification results.

4. The report on the results of inspection and verification shall include the following main contents:

a) The subject of inspection and verification;

b) The time of conducting inspection and verification;

c) The person conducting inspection and verification;

d) The content of inspection and verification;

đ) The results of inspection and verification;

e) Conclusions and recommendations for resolving the complaint;

g) Other contents (if any).

Article 21. Initial dialogue session organization

1. During the process of handling initial complaints, if the complainant's request and the results of inspecting and verifying the complaint content still differ, the complaint handler must meet with the complainant, those with rights and obligations related to the matter, relevant agencies, organizations, and individuals to clarify the complaint content, the complainant's request, and the direction for resolving the complaint; the dialogue must be conducted openly and democratically.

2. During the dialogue, the complaint handler must clearly state the content to be discussed; the results of inspecting and verifying the complaint content; participants in the dialogue have the right to present their opinions and provide evidence related to the complaint and their requests.

3. The dialogue must be recorded in a protocol; the protocol must clearly record the opinions of the participants, the results of the dialogue, and have the signatures or fingerprints of the participants; the dialogue protocol is kept in the complaint resolution file.

4. The results of the dialogue are one of the bases for resolving the complaint.

Article 22. Decision on initial complaint resolution

1. The person resolving the initial complaint must issue a decision on complaint resolution.

2. The decision on initial complaint resolution must include the following main contents:

a) Date of issuance of the decision;

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

c) Content of the complaint;

d) The results of inspecting and verifying the complaint content;

đ) Dialogue results (if any);

e) Legal basis for resolving the complaint;

g) Conclusions on the complaint content; specific issues resolved within the complaint content;

h) Compensation for damages to the aggrieved party (if applicable);

i) The right to appeal a second time, the right to initiate a lawsuit at the Court.

3. In cases where multiple people jointly complain about the same content, the initial complaint handler shall base the decision on the conclusion of the complaint content to issue a decision to resolve the complaint for each individual or issue a decision to resolve the complaint accompanied by a list of the complainants.

Article 23. Sending the initial complaint resolution decision

1. Within three working days from the date of issuance of the decision on complaint resolution, the initial complaint resolver shall be responsible for sending the decision on complaint resolution in accordance with the following provisions:

a) For decisions on resolving labor complaints: Send to the complainant, the Director of the Department of Labor - Invalids and Social Affairs, where the employer being complained against has its main office;

b) For decisions on resolving vocational training complaints: Send to the complainant, the Director of the Department of Labor - Invalids and Social Affairs, where the vocational training institution being complained against has its main office;

c) For decisions on resolving complaints about the activities of sending Vietnamese workers to work abroad under contracts: Send to the complainant, the Director of the Overseas Labor Management Bureau.

2. In cases where complaints are transferred by other agencies, organizations, or individuals, in addition to sending the complaint resolution decision according to Clause 1 of this Article, the complaint handler must also send the complaint resolution decision to the agency, organization, or individual that transferred the complaint.

Article 24. File for initial complaint resolution

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

a) The complaint letter or document recording the content of the complaint;

b) Notice of acceptance for complaint resolution;

c) Decision to accept the handling of the complaint;

d) Documents and evidence collected during the complaint resolution process;

đ) Report on the results of inspecting and verifying the complaint content;

e) Appraisal results (if any);

g) Protocol of the organized dialogue (if any);

h) Decision on complaint resolution;

i) Other related documents.

2. The record of complaint resolution must be numbered in chronological order and kept in accordance with the provisions of the law.

3. The file for initial complaint resolution specified in Clause 1 of this Article shall be transferred to the competent authority for second-level complaint resolution or the court with jurisdiction upon request.

Article 25. Application of urgent measures

During the complaint resolution process, if it is deemed that the implementation of the decision or the complained behavior will cause irreparable consequences, the complaint handler must issue a decision to temporarily suspend the implementation of that decision or behavior. The temporary suspension period shall not exceed the remaining time of the complaint resolution deadline. The temporary suspension decision must be sent to the complainant, those with rights and obligations related to the matter, and other responsible implementers. When it is determined that the reason for the temporary suspension no longer exists, the temporary suspension decision must be immediately revoked.

Section 5: PROCEDURE AND PROCEDURES FOR HANDLING SECONDARY PETITIONS

Article 26. Acceptance for Handling Secondary Petitions

1. Within seven days from the date of receipt of the petition within their jurisdiction, the authority handling secondary petitions must accept and process the petition and notify the petitioner in writing about the acceptance for processing the petition.

2. In cases where the petition is transferred from another agency, organization, or individual, in addition to notifying the petitioner as stipulated in Clause 1 of this Article, the authority handling secondary petitions must also notify in writing the agency, organization, or individual that transferred the petition about the acceptance for processing the petition.

3. If the petition is not accepted for processing, the reasons must be clearly stated.

Article 27. Time Limit for Handling Secondary Petitions

1. The time limit for resolving the second appeal shall not exceed forty-five days from the date of acceptance; for complex cases, the time limit for resolving the appeal shall not exceed sixty days from the date of acceptance.

2. In remote areas with difficult access, the time limit for handling secondary petitions shall not exceed sixty days from the date of acceptance; for complex cases, the time limit for handling secondary petitions shall not exceed ninety days from the date of acceptance.

Article 28. Inspection and Verification of Content of Secondary Petitions

1. Within the time limit prescribed in Article 27 of this Decree, the authority handling secondary petitions shall conduct inspection and verification of the petition's content themselves or through specialized departments. The inspection and verification of the petition's content shall be carried out in accordance with Clauses 2, 3, and 4 of Article 20 of this Decree.

2. In addition to the rights and obligations of the person responsible for inspecting and verifying the content of the petition as stipulated in Clause 3 of Article 20 of this Decree, the person responsible for inspecting and verifying the content of secondary petitions has the right and obligation to request the respondent to provide information, documents, and evidence related to the petition; to explain in writing about the content of the petition.

Article 29. Conducting Secondary Dialogue

1. During the process of handling secondary petitions, if deemed necessary, the authority handling secondary petitions shall organize dialogue between the petitioner, the respondent, those with rights and obligations related to the case, and relevant agencies, organizations, or individuals.

2. The conduct of secondary dialogue shall be carried out in accordance with Article 21 of this Decree.

Article 30. Decision on Handling Secondary Petitions

1. The authority resolving the second appeal must issue a decision on resolving the appeal.

2. In addition to the contents specified in Clause 2 of Article 22 of this Decree, the decision on handling secondary petitions must include:

a) The results of the resolution of the first appeal (if any);

b) The right to file a petition as provided for in the Law on Petitions and related documents, and the right to initiate administrative litigation at the Court.

3. In cases where multiple people file a petition on the same matter, the authority handling secondary petitions shall base their decision on the conclusion of the petition's content to issue a decision on handling the petition for each individual or issue a decision on handling the petition accompanied by a list of petitioners.

Article 31. Sending the Decision on Handling Secondary Petitions

Within three working days from the date of issuance of the decision on handling the petition, the authority handling secondary petitions must send the decision on handling the petition to the petitioner, the respondent, those with rights and obligations related to the case, and the agency, organization, or individual that transferred the petition.

Article 32. File for Handling Secondary Petitions

The file for handling secondary petitions shall be established in accordance with Article 24 of this Decree, including the file for handling primary petitions (if any).

Section 6: EFFECTIVENESS OF THE DECISION ON SETTLING COMPLAINTS

LEGAL EFFECT AND ENFORCEMENT

Article 33. The decision on settling complaints becomes legally effective

1. The decision on handling the first appeal with legal effect is defined as follows:

a) Thirty days after the date of issuance of the decision, if the complainant does not file a second complaint or does not initiate a lawsuit at the Court as provided for in Point a Clause 2 Article 10 of this Decree;

b) For remote areas with difficult access, forty-five days after the date of issuance of the decision, if the complainant does not file a second complaint or does not initiate a lawsuit at the Court as provided for in Point a Clause 2 Article 10 of this Decree.

2. The decision on handling the second appeal with legal effect is defined as follows:

a) Thirty days after the date of issuance of the decision, if the complainant does not initiate a lawsuit at the Court as provided for in Point b Clause 2 Article 10 of this Decree;

b) For remote areas with difficult access, forty-five days after the date of issuance of the decision, if the complainant does not initiate a lawsuit at the Court as provided for in Point b Clause 2 Article 10 of this Decree.

3. The decision on handling the appeal must be enforced immediately after it acquires legal effect.

Article 34. Obligations of persons responsible for implementing decisions on settling complaints that have become legally effective

1. The person handling the appeal.

2. The appellant.

3. The respondent.

4. Interested parties.

5. Agencies, organizations, and individuals related to the matter.

Article 35. Enforcement of decisions on settling complaints that have become legally effective

1. The authority responsible for handling complaints within their scope of duties and powers shall be responsible for directing agencies, organizations, and individuals under their management to implement decisions on settling complaints that have become legally effective; where necessary, requesting competent authorities to take measures to ensure enforcement of such decisions; organizing enforcement or taking the lead and coordinating with relevant organizations and authorities to implement measures aimed at restoring the legitimate rights and interests of the complainant; proposing other agencies and organizations to resolve issues related to the enforcement of decisions on settling complaints (if any).

2. Within their scope of duties and powers, agencies, organizations, and individuals involved shall be responsible for complying with the decisions of competent authorities to enforce decisions on settling complaints that have become legally effective; cooperating with competent agencies, organizations, and individuals in organizing the enforcement of such decisions when requested.

Chapter III

COMPLAINTS AND HANDLING OF COMPLAINTS

Section 1: RIGHTS AND OBLIGATIONS OF THE COMPLAINANT, THE ACCUSED, AND THE COMPLAINT HANDLER

Article 36. Rights and obligations of the complainant

1. The complainant has the right to submit a complaint letter or make a direct complaint to the competent agency or individual according to Articles 39, 40, 41, and 42 of this Decree regarding violations of laws in the field of labor, vocational training, and activities sending Vietnamese workers abroad under contracts.

2. Other rights and obligations of the complainant shall be implemented in accordance with Article 9 of the Law on Complaints and relevant laws.

Article 37. Rights and obligations of the accused

The rights and obligations of the accused shall be implemented in accordance with Article 10 of the Law on Complaints and relevant laws.

Article 38. Rights and obligations of the complaint handler

The rights and obligations of the complaint handler shall be implemented in accordance with Article 11 of the Law on Complaints and relevant laws.

Section 2: COMPETENCE TO HANDLE COMPLAINTS

Article 39. Competence of the Director of the Department of Labor Inspection

The Director of the Department of Labor, Invalids and Social Affairs shall handle complaints about violations of laws on labor, vocational training, and activities sending Vietnamese workers abroad under contracts within the scope of management of the Department of Labor, Invalids and Social Affairs.

Article 40. Competence of the Director of the Overseas Labor Management Bureau

The Director of the Overseas Labor Management Bureau shall handle complaints about violations of laws on activities sending Vietnamese workers abroad under contracts within the scope of state management of the Ministry of Labor, Invalids and Social Affairs.

Article 41. Competence of the Director of the Vocational Training General Department

The Director of the Vocational Training General Department shall handle complaints regarding violations of vocational training laws within the scope of management under the Ministry of Labor, Invalids and Social Affairs.

Article 42. Competence of the Inspector General of the Ministry of Labor, Invalids and Social Affairs

The Inspector General of the Ministry of Labor, Invalids and Social Affairs shall handle complaints regarding violations of laws in the fields of labor, vocational training, and activities of sending Vietnamese workers to work abroad under contracts within the scope of management under the Ministry of Labor, Invalids and Social Affairs.

Article 43. Delimitation of Competence for Handling Complaints

Complaints related to the administrative functions of multiple agencies; complaints within the jurisdiction of multiple agencies; complaints regarding violations of laws with signs of criminal offenses shall be handled according to the provisions of Clause 2 and Clause 3, Article 31 of the Law on Complaints and Accusations.

Section 3: PROCEDURES AND FORMALITIES FOR HANDLING COMPLAINTS

Article 44. Procedures and Formalities for Handling Complaints

1. Procedures and formalities for receiving, classifying, verifying, concluding on the content of complaints, and deciding on the handling of complaints regarding violations of laws in the fields of labor, vocational training, and activities of sending Vietnamese workers to work abroad under contracts shall be carried out according to the provisions of Articles 18, 19, 20, 21, 22, 24, 25, 26, 27, 28, 29, and 30 of the Law on Complaints and Accusations, except for the cases stipulated in Clause 2 of this Article.

2. In cases where the content of the complaint is clear, there is specific evidence, and it is possible to handle immediately, the procedures and formalities shall be carried out according to the provisions of Article 33 of the Law on Complaints and Accusations.

3. If the conclusion is that the person being complained against has committed administrative violations in the fields of labor, vocational training, and activities of sending Vietnamese workers to work abroad under contracts, the handling of such administrative violations must comply with the laws on handling administrative violations.

4. The dossier for handling complaints shall be established according to the provisions of Article 29 of the Law on Complaints and Accusations.

Chapter IV

IMPLEMENTING PROVISIONS

Article 45. Effective Date

1. This Decree takes effect from February 1, 2015.

2. Decree No. 04/2005/ND-CP dated January 11, 2005 of the Government detailing and guiding some articles of the Labor Code on complaints and accusations about labor ceases to be effective from the date this Decree takes effect.

Article 46. Responsibility for ImplementationThe Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairmen of provincial People's Committees directly under the Central Government, relevant agencies, organizations, and individuals shall be responsible for implementing this Decree.

The Minister of Labor, Invalids and Social Affairs, within the scope of his/her functions and duties, shall be responsible for guiding the implementation of this Decree./.

The Minister of Labor, War Invalids and Social Affairs shall be responsible for guiding the implementation of this Decree within the scope of their functions and duties./.