Decree No. 24/2018/NĐ-CP on handling complaints and reports in the fields of labor, vocational education, sending Vietnamese workers to work abroad under contracts, employment, and occupational safety and health.

 

DECREE

Regulations on handling complaints and reports in the fields of labor, vocational education, activities of sending Vietnamese workers to work abroad under contracts, employment, occupational safety and health

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

Pursuant to the Labor Code dated June 18, 2012;

Based on Decree No. 15/2019/NĐ-CP dated February 1, 2019 of the Government detailing certain provisions and implementation measures of the Vocational Education Law;

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

Grounds: Employment Law dated November 16, 2013;

Pursuant to Decree No. 39/2016/NĐ-CP dated May 15, 2016 of the Government detailing the implementation of certain provisions of the Labor Safety Law;

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

Decree No. 07/2021/NĐ-CP

The Government promulgates this Decree stipulating regulations on handling complaints and reports in the fields of labor, vocational education, activities of sending Vietnamese workers to work abroad under contracts, employment, occupational safety and health.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree stipulates complaints and their resolution regarding decisions and actions concerning labor; vocational education; activities of sending Vietnamese workers to work abroad under contracts; employment; occupational safety and health. It also stipulates reports and their resolution concerning violations of laws by agencies, organizations, and individuals in the fields of labor; vocational education; sending Vietnamese workers to work abroad under contracts; employment; occupational safety and health.

2. Handling complaints and reports through inspection activities shall be carried out in accordance with the laws on inspection.

Article 2. Applicability

This Decree applies to the following subjects:

1. Workers, persons learning trades to work for employers, probationers, students in vocational education institutions or in vocational training establishments, persons receiving unemployment insurance benefits, Vietnamese workers going to work abroad under contracts.

2. Employers.

3. Vocational education institutions, vocational training establishments.

4. Enterprises and state-run organizations sending Vietnamese workers to work abroad under contracts.

5. Employment service organizations; organizations related to job creation for workers.

6. Organizations assessing and issuing national vocational skill certificates.

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

Article 3. Explanation of Terms

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

1. A complaint about labor is the act of workers, persons learning trades to work for employers, probationers requesting the competent authority to resolve labor complaints to review decisions and actions concerning labor of employers when there is evidence that such decisions and actions violate labor laws, infringe upon their lawful rights and interests.

2. A complaint about vocational education is the act of students in vocational education institutions, vocational training establishments in Vietnam requesting the competent authority to resolve vocational education complaints to review decisions and actions concerning vocational education of vocational education institutions, vocational training establishments when there is evidence that such decisions and actions violate laws on vocational education, infringe upon their lawful rights and interests.

3. A complaint about activities of sending Vietnamese workers to work abroad under contracts is the act of workers requesting the competent authority to resolve complaints about activities of sending Vietnamese workers to work abroad under contracts to review decisions and actions concerning sending Vietnamese workers to work abroad under contracts of organizations 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, infringe upon their lawful rights and interests.

4. A complaint about employment is the act of workers requesting the competent authority to resolve employment complaints to review decisions and actions concerning employment of relevant organizations when there is evidence that such decisions and actions violate laws on employment, infringe upon their lawful rights and interests.

5. A complaint about occupational safety and health is the act of workers requesting the competent authority to resolve occupational safety and health complaints to review decisions and actions concerning occupational safety and health of employers when there is evidence that such decisions and actions violate laws on occupational safety and health, infringe upon their lawful rights and interests.

6. A report about labor, vocational education, activities of sending Vietnamese workers to work abroad under contracts, employment, occupational safety and health is the act of citizens, workers, persons learning trades to work for employers, probationers, students in vocational education institutions, vocational training establishments, Vietnamese workers going to work abroad under contracts reporting to the competent authority about violations of laws by agencies, organizations, and individuals in the fields of labor, vocational education, sending Vietnamese workers to work abroad under contracts, employment, occupational safety and health causing damage or threatening to cause damage to the State's interests, the rights and lawful interests of citizens, agencies, and organizations.

7. A complainant about labor, vocational education, activities of sending Vietnamese workers to work abroad under contracts, employment, occupational safety and health is a worker, person learning trades to work for employers, probationer, student in a vocational education institution, vocational training establishment, Vietnamese worker going to work abroad under contracts, participant in national vocational skill assessment, person receiving unemployment insurance benefits exercising the right to file a complaint.

8. The person complained against regarding labor, vocational education, sending Vietnamese workers to work abroad under contracts, employment, occupational safety and health is the employer; the head of vocational education institutions, vocational training institutions; the business owner or the head of state-run organizations sending Vietnamese workers to work abroad under contracts; the business owner operating job placement services; the head of organizations related to employment with actions or decisions being complained about.

9. The complainant regarding labor, vocational education, sending Vietnamese workers to work abroad under contracts, employment, occupational safety and health is a citizen, worker, vocational learner, trainee working for employers, probationary worker, student in vocational education institutions, vocational training institutions, Vietnamese workers going to work abroad under contracts, national skill assessment participants, unemployment insurance beneficiaries exercising their right to file complaints.

10. The person complained against regarding labor, vocational education, sending Vietnamese workers to work abroad under contracts, employment, occupational safety and health is the employer; individuals within vocational education institutions, vocational training institutions; individuals within businesses or state-run organizations sending Vietnamese workers to work abroad under contracts; individuals within organizations related to employment with actions being complained about.

11. The person resolving complaints regarding labor, vocational education, sending Vietnamese workers to work abroad under contracts, employment, occupational safety and health is the agency, organization, or individual with authority to resolve complaints as stipulated in this Decree.

12. The person resolving accusations regarding labor, vocational education, sending Vietnamese workers to work abroad under contracts, employment, occupational safety and health is the agency, organization, or individual with authority to resolve accusations as stipulated in this Decree.

13. Resolving complaints regarding labor, vocational education, sending Vietnamese workers to work abroad under contracts, employment, occupational safety and health involves accepting, investigating, concluding, and issuing a decision to resolve the complaint by the complaint resolver.

14. Resolving accusations regarding labor, vocational education, sending Vietnamese workers to work abroad under contracts, employment, occupational safety and health involves receiving, investigating, concluding on the content of the accusation, and handling the accusation by the accusation resolver.

15. Withdrawing a complaint is the act of the complainant requesting the complaint resolver to terminate the resolution of their complaint.

16. A labor decision is a written decision of the employer applicable to employees, apprentices, probationers in labor relations.

17. Labor conduct is the act of the employer or employee carried out in social relations arising from hiring, using labor, and paying wages between the employee and the employer.

18. A vocational education decision is a written decision of the head of vocational education institutions, vocational training institutions applicable to individuals studying in vocational education institutions.

19. Vocational education conduct is the act of the head of vocational education institutions, vocational training institutions carried out in vocational education activities.

20. A decision on sending Vietnamese workers to work abroad under contracts is a written decision of the business or state-run organization sending Vietnamese workers to work abroad under contracts applicable to workers in the activity of sending Vietnamese workers to work abroad under contracts.

21. Conduct on sending Vietnamese workers to work abroad under contracts is the act of the business or state-run organization sending Vietnamese workers to work abroad under contracts carried out in the activity of sending Vietnamese workers to work abroad under contracts.

22. An employment decision is a written decision of the organization or individual related to job creation; national skill certification evaluation and issuance; unemployment insurance.

23. Employment conduct is the act of the organization or individual related to job creation; national skill certification evaluation and issuance; unemployment insurance.

24. An occupational safety and health decision is a written decision of the organization or individual related to occupational safety and health work.

25. Occupational safety and health conduct is the act of the organization or individual related to occupational safety and health work.

Article 4. Principles for handling complaints and reports regarding labor, vocational training, sending Vietnamese workers to work abroad under contracts, employment, occupational safety and health

1. In a timely manner, objectively, publicly, democratically, and in accordance with the provisions of the law.

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 that the decision or act of the employer; vocational education institution, vocational education activity institution; enterprise, public service organization sending Vietnamese workers to work abroad under contracts; employment service organization, organization related to job creation for workers; national skill certification evaluation and issuance organization is contrary to the law, directly infringing upon their own rights and legitimate interests, the aggrieved party shall file a complaint with the first-level complaint resolution authority as stipulated in Clause 1, Article 15, Clause 1, Article 16, Clause 1, Article 17, and Clause 1, Article 18 of this Decree, or initiate litigation at the court as provided for in Point a, Clause 2, Article 10 of this Decree.

2. In cases where the complainant disagrees with the decision on the first-level complaint resolution as stipulated in Article 23 or if the complaint is not resolved within the time limit specified in Article 20 of this Decree, the complainant has the right to initiate litigation at the court as provided for in Point a, Clause 2, Article 10 of this Decree, or file a second-level complaint as follows:

a) For complaints about labor, occupational safety and health, the complainant files a complaint with the complaint resolution authority as stipulated in Clause 2, Article 15 of this Decree;

b) For complaints about vocational training, the complainant files a complaint with the complaint resolution authority as stipulated in Clause 2, Article 16 of this Decree;

c) For complaints about activities sending Vietnamese workers to work abroad under contracts, the complainant files a complaint with the complaint resolution authority as stipulated in Clause 2, Article 17 of this Decree;

d) For complaints about employment, the complainant files a complaint with the complaint resolution authority as stipulated in Clause 2, Article 18 of this Decree.

3. In cases where the complainant disagrees with the decision on the second-level complaint resolution as stipulated in Article 31 or if the complaint is not resolved within the time limit specified in Article 28 of this Decree, the complainant has the right to initiate civil litigation at the court as provided for in Point b, Clause 2, Article 10 of this Decree.

4. In cases where the person complained against disagrees with the decision on the second-level complaint resolution as stipulated in Article 31, they have the right to initiate administrative litigation as provided for in Point d, Clause 1, Article 11 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 writing, the complaint letter must clearly state the following information: date, month, year of the complaint; name and address of the complainant; name and address of the agency, organization, or individual being complained against; content and reasons for the complaint, relevant documents pertaining to the complaint content (if any), and the request for resolution of the complaint. The complaint letter must be signed or marked by the complainant;

b) If the complaint is made directly, the person receiving the complaint shall guide the complainant in writing a complaint letter or record the full content of the complaint as stipulated in Point a of this clause 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 writing, the complaint letter must include all the information stipulated in Point a of Clause 1 of this Article, with signatures of the complainants and designation of a representative to present the case when requested by the complaint resolution authority;

b) If the complaint is made directly, the competent authority shall organize the reception and request the designation of a representative to present the content of the complaint; the person receiving the complaint shall record the full content of the complaint as stipulated in Point a of 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 statute of limitations for complaints is 180 days, starting from the date when the complainant receives or becomes aware of the decision or act of the employer, organization or individual involved in vocational training activities, business or public service organizations sending Vietnamese workers to work abroad under contracts, employment service organizations, or organizations related to job creation for workers, national skill certification organizations that are being complained against.

2. In cases where the complainant cannot exercise their right to file a complaint within the prescribed time limit under Clause 1 of this Article due to illness, natural disasters, enemy attacks, official duties, distant study, or other objective obstacles, the period of such obstacles shall not be counted towards the statute of limitations for complaints.

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 complaint, the authority handling the complaint shall issue a decision to suspend the complaint resolution process and send it to the person withdrawing the complaint, relevant individuals, and organizations.

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 unlawful representative files the complaint.

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

5. The statute of limitations for complaints as stipulated in Clause 1 of Article 7 has expired without any reasons as provided for in Clause 2 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 COMPLAINED AGAINST, THE COMPLAINT RESOLVER, LAWYERS, LEGAL ASSISTANTS, AND PARTICIPANTS IN LEGAL ASSISTANCE

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 access, read, copy, and reproduce documents and evidence collected by the complaint resolver for the purpose of resolving the complaint, except for information and documents classified as state secrets or personal secrets of the complained against according to the law;

d) To request individuals, agencies, or organizations holding or managing information and documents related to the content of the complaint to provide such information and documents to themselves within five working days from the date of the request and hand them over to the complaint resolver for the resolution of the complaint, except for information and documents classified as state secrets or personal secrets of the complained against according to the 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 before the Court as stipulated in Clause 2 of this Article.

2. Right to Initiate a Lawsuit Before the Court

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

- There is evidence indicating that the decision or act of the employer; organization or individual involved in vocational training activities; business or public service organizations sending Vietnamese workers to work abroad under contracts is contrary to the law, directly infringing upon their legitimate rights and interests;

- Disagreeing with the first-level complaint resolution decision as stipulated in Article 23 of this Decree;

- Exceeding the time limit specified in Article 20 of this Decree while the first-level complaint remains unresolved.

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

- Disagreeing with the second-level complaint resolution decision as stipulated in Article 31 of this Decree;

- Exceeding the time limit specified in Article 28 of this Decree while the second-level complaint remains unresolved.

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 facts, provide evidence regarding the complaint, and supply relevant information and documents to the complaint resolver; to bear legal responsibility for the content presented and the provision of such 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 complaint resolution authority for the purpose of resolving the complaint, except for information and documents classified as state secrets or personal secrets of the complainant as provided by law;

c) To request individuals, agencies, or organizations related to the complaint that are holding or managing relevant information and documents to provide such information and documents within five working days from the date of the request, and to hand them over to the second-level complaint resolution authority for complaint resolution, except for information and documents classified as state secrets or personal secrets of the complainant as provided by law;

d) To receive the decision on the second-level complaint resolution;

đ) To initiate a lawsuit before the court according to the administrative litigation law provisions in cases where they disagree with the content of the second-level complaint resolution decision as stipulated in Article 31 of this Decree;

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

a) To implement the initial complaint resolution according to the jurisdiction specified in Clause 1 of Article 15, Clause 1 of Article 16, Clause 1 of Article 17, and Clause 1 of Article 18 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 to apply or revoke emergency measures as stipulated in Article 26 of this Decree.

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

a) To accept complaints and notify in writing the acceptance of complaint resolution to individuals, agencies, or organizations as prescribed in Article 19 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 decision on complaint resolution to individuals, agencies, or organizations as prescribed in Article 24 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) Requesting the complainant, the respondent, and related agencies, organizations, or individuals to provide information, documents, and evidence within five working days from the date of the request, serving as the basis for resolving the complaint;

b) Deciding to apply or revoke emergency measures as stipulated in Article 26 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 Aid Assistants, and Individuals Participating in Legal Aid for Complainants

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) Studying the case file, photocopying, and copying documents and evidence related to the content of the complaint to protect the legitimate rights and interests of the complainant, except for information and documents classified as state secrets or confidential information of the respondent as prescribed 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 RESOLVE COMPLAINTS

Article 15. Competence to Resolve Complaints Regarding Labor, Safety, and Hygiene

1. The employer has the competence to resolve the first-level complaint regarding decisions and actions concerning labor, safety, and hygiene that are being 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 resolve the second-level complaint regarding labor, safety, and hygiene when the complainant disagrees with the first-level resolution decision as stipulated in Article 23 or when the time limit specified in Article 20 of this Decree has expired without the complaint being resolved.

3. The competence to resolve complaints regarding the investigation of workplace accidents as prescribed in Article 17 of Government Decree No. 39/2016/NĐ-CP dated May 15, 2016, detailing certain provisions of the Law on Occupational Safety and Health.

Article 16. Competence to handle complaints regarding vocational education

1. The head of a vocational education institution or a vocational education activity institution 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 Department of Labor, Invalids and Social Affairs shall have the competence to handle the second-level complaint against a vocational education institution or a vocational education activity institution which has been granted a registration certificate for vocational education activities by the Department of Labor, Invalids and Social Affairs; the General Director of the Vocational Education Administration shall have the competence to handle the second-level complaint against a vocational education institution or a vocational education activity institution which has been granted a registration certificate for vocational education activities by the Vocational Education Administration.

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 Bureau shall have the competence to handle the second-level complaint regarding the dispatching of Vietnamese workers to work abroad under contracts when the complainant does not agree with the decision made at the first level according to Article 23 or when the time limit specified in Article 20 of this Decree has expired without the complaint being resolved.

Article 18. Competence to handle complaints regarding employment

1. The head of an employment service organization (including employment service centers and enterprises engaged in employment services); organizations assessing and issuing national skill certificates 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 Department of Labor, Invalids and Social Affairs where the employment service organization or the organization assessing and issuing national skill certificates is headquartered shall have the competence to handle the second-level complaint regarding employment when the complainant does not agree with the decision made at the first level according to Article 23 or when the time limit specified in Article 20 of this Decree has expired without the complaint being resolved.

Section 4. PROCEDURES, FORMALITIES, AND TIME LIMITS FOR HANDLING FIRST-LEVEL COMPLAINTS

Article 19. Acceptance of First-Level Complaints for Handling

1. Acceptance of First-Level Complaints Regarding Labor, Occupational Safety, and Health

a) Within seven working days from the date of receiving a complaint within their scope and competence to resolve, the first-level complaint handler must accept the complaint for handling and notify the complainant and the Inspector General of the Department of Labor, Invalids and Social Affairs where the employer is headquartered in writing about the acceptance of the complaint for handling;

b) In cases where the complaint is transferred by another agency, organization, or individual, in addition to notifying according to point a of Clause 1 of this Article, the first-level complaint handler must also notify in writing the agency, organization, or individual that transferred the complaint about the acceptance of the complaint for handling;

c) In cases of complaints regarding the investigation of labor accidents, they shall be handled according to the provisions of Article 17 of Government Decree No. 39/2016/NĐ-CP dated May 15, 2016, detailing the implementation of certain articles of the Law on Occupational Safety and Health.

2. Acceptance of First-Level Complaints Regarding Vocational Education

a) Within seven working days from the date of receiving a complaint within their scope and competence to resolve, the first-level complaint handler must accept the complaint for handling and notify the complainant and the Director of the Department of Labor, Invalids and Social Affairs for vocational education institutions or vocational education activity institutions registered by the Department of Labor, Invalids and Social Affairs; the General Director of the Vocational Education Administration for vocational education institutions or vocational education activity institutions registered by the Vocational Education Administration in writing about the acceptance of the complaint for handling;

b) In cases where the complaint is transferred by another agency, organization, or individual, in addition to notifying according to point a of Clause 2 of this Article, the first-level complaint handler must also notify in writing the agency, organization, or individual that transferred the complaint about the acceptance of the complaint for handling.

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 a complaint within their scope and competence to resolve, the first-level complaint handler must accept the complaint for handling and notify the complainant and the Director of the Overseas Labor Management Bureau in writing about the acceptance of the complaint for handling;

b) In cases where the complaint is transferred by another agency, organization, or individual, in addition to notifying according to point a of Clause 3 of this Article, the first-level complaint handler must also notify in writing the agency, organization, or individual that transferred the complaint about the acceptance of the complaint for handling.

4. Acceptance of First-Level Complaints Regarding Employment

a) Within seven working days from the date of receiving a complaint within their scope and competence to resolve, the first-level complaint handler must accept the complaint for handling and notify the complainant and the Director of the Department of Labor, Invalids and Social Affairs where the employment service organization is headquartered in writing about the acceptance of the complaint for handling;

b) In cases where the complaint is transferred by another agency, organization, or individual, in addition to notifying according to point a of Clause 4 of this Article, the first-level complaint handler must also notify in writing the agency, organization, or individual that transferred the complaint about the acceptance of the complaint for handling.

Article 20. Time limit for initial complaint resolution

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 21. Inspection and Verification of Initial Complaint Content

1. Within the time limit prescribed in Article 20 of this Decree, the person resolving the initial complaint shall conduct inspection and verification of the complaint content themselves or delegate it to a specialized department.

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 22. First Dialogue Session Organization

1. During the process of resolving the initial complaint, if deemed necessary, the person resolving the complaint must meet and dialogue with the complainant, persons with rights and obligations, relevant agencies, organizations, and individuals to clarify the complaint content, the complainant's requests, and the direction for resolving the complaint; the dialogue must be conducted openly and democratically.

2. During the dialogue, the person resolving the complaint 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, provide evidence related to the complaint, and make their requests.

3. The dialogue must be recorded in a minutes document; the minutes must clearly record the opinions of the participants, the results of the dialogue, and be signed or marked by the participants; the dialogue minutes are kept in the complaint resolution file.

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

Article 23. 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 file a complaint about the same content, the person resolving the initial complaint shall base their decision on the conclusions of the complaint content to issue a decision on complaint resolution for each individual or issue a decision on complaint resolution accompanied by a list of the complainants.

Article 24. Sending the Decision on Initial Complaint Resolution

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 complaints regarding labor, safety, and hygiene at work: Send to the complainant, the Director of the Department of Labor, Invalids and Social Affairs, the place where the employer being complained against has its main office, and related agencies, organizations, and individuals;

b) For decisions on resolving complaints regarding vocational education: Send to the complainant, the Director of the Department of Labor, Invalids and Social Affairs for vocational education institutions and vocational education activity institutions licensed by the Department of Labor, Invalids and Social Affairs; the Director-General of the General Department of Vocational Education for vocational education institutions and vocational education activity institutions licensed by the General Department of Vocational Education, and related agencies, organizations, and individuals;

c) For decisions on resolving complaints regarding the dispatching of Vietnamese workers to work abroad under contracts: Send to the complainant, the Director of the Overseas Labor Management Department, and related agencies, organizations, and individuals;

d) For decisions on resolving complaints regarding employment: Send to the complainant, the Director of the Department of Labor, Invalids and Social Affairs, the place where the employment service organization has its main office, and related agencies, organizations, and individuals.

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

Article 25. Records of 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) Documents and evidence collected during the complaint resolution process;

d) Report on the results of checking and verifying the content of the complaint;

đ) Appraisal results (if any);

e) Minutes of dialogue sessions (if any);

g) Decision on complaint resolution;

h) Other relevant 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 record of complaint resolution specified in Clause 1 of this Article shall be transferred to the authority with jurisdiction over the second-level complaint resolution or the court with jurisdiction when requested.

Article 26. Application of Emergency Measures

During the complaint resolution process, if it is deemed that the implementation of the decision or the complained act will cause irreparable consequences, the complaint resolver must issue a decision to temporarily suspend the implementation of such decision or act. 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 persons responsible for enforcement. When it is determined that the reason for the temporary suspension no longer exists, the temporary suspension decision must be immediately revoked.

Mục 5. PROCEDURE FOR THE SECOND APPEAL CONSIDERATION AND SETTLEMENT

Article 27. Acceptance for Consideration and Settlement of the Second Appeal

1. Within thirty days from the expiration date of the appeal resolution period stipulated in Article 20 of this Law, if the first appeal is not resolved or from the date of receiving the decision on the first appeal resolution which the appellant does not agree with, the appellant has the right to appeal to the authority competent to resolve the second appeal; for remote areas with difficult access, the deadline may be extended but shall not exceed forty-five days.

2. Within seven working days from the date of receipt of the appeal complaint within their jurisdiction, the authority resolving the second appeal must accept for consideration and settlement and notify the appellant in writing about the acceptance for consideration and settlement of the appeal.

3. In cases where the appeal is transferred by another agency, organization, or individual, in addition to notifying the appellant as prescribed in Clause 2 of this Article, the authority resolving the second appeal must also notify in writing about the acceptance for consideration and settlement of the appeal to the agency, organization, or individual that transferred the appeal.

4. If it does not accept for consideration and settlement, the reasons must be clearly stated.

Article 28. Time Limit for Resolving the Second Appeal

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. For remote areas with difficult access, the time limit for resolving the appeal shall not exceed sixty days from the date of acceptance; for complex cases, the time limit for resolving the appeal shall not exceed ninety days from the date of acceptance.

Article 29. Inspection and Verification of the Content of the Second Appeal

1. Within the time limit prescribed in Article 28 of this Decree, the authority resolving the second appeal conducts inspection and verification of the appeal content themselves or assigns a specialized department to conduct such activities. The inspection and verification of the appeal content shall be carried out in accordance with the provisions of Clauses 2, 3, and 4 of Article 21 of this Decree.

2. In addition to the rights and obligations of the person responsible for inspecting and verifying the appeal content as stipulated in Clause 3 of Article 21 of this Decree, the person responsible for inspecting and verifying the second appeal content has the right and obligation to request the person being appealed against to provide information, documents, and evidence related to the appeal content; to explain in writing about the appeal content.

Article 30. Conducting the Second Dialogue Session

1. During the process of resolving the second appeal, the authority resolving the appeal organizes dialogue sessions between the appellant, the person being appealed against, persons with rights and obligations related to the case, and relevant agencies, organizations, or individuals.

2. The organization of the second dialogue session shall be conducted in accordance with the provisions of Clauses 2 and 3 of Article 22 of this Decree.

Article 31. Decision on Resolving the Second Appeal

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

2. In addition to the contents prescribed in Clause 2 of Article 23 of this Decree, the decision on resolving the second appeal must include:

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

b) The right to initiate a lawsuit at the Court.

3. In cases where multiple people appeal on the same content, the authority resolving the second appeal bases its decision on the conclusion of the appeal content to issue a decision on resolving the appeal for each individual or issue a decision on resolving the appeal accompanied by a list of appellants.

Article 32. Sending the Decision on Handling the Second Appeal

Within three working days from the date of issuing the decision on handling the appeal, the person handling the second appeal must send the decision on handling the appeal to the appellant, the respondent, the interested parties, the agencies, organizations, and individuals who transferred the appeal.

Article 33. File for Handling the Second Appeal

The file for handling the second appeal shall be established according to the provisions of Article 25 of this Decree, including the file for handling the first appeal (if any).

Chapter 6. THE DECISION ON HANDLING THE APPEAL WITH LEGAL EFFECT AND ENFORCEMENT

Article 34. The Decision on Handling the Appeal with Legal Effect

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

a) Thirty days after the issuance of the decision, if the appellant does not file a second appeal or does not initiate a lawsuit at the court as stipulated in point a, Clause 2, Article 10 of this Decree;

b) For remote areas where travel is difficult, forty-five days after the issuance of the decision, if the appellant does not file a second appeal or does not initiate a lawsuit at the court as stipulated 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 issuance of the decision, if the appellant does not initiate a lawsuit at the court as stipulated in point b, Clause 2, Article 10 of this Decree or the respondent does not initiate a lawsuit at the court as stipulated in point d, Clause 1, Article 11 of this Decree;

b) For remote areas where travel is difficult, forty-five days after the issuance of the decision, if the appellant does not initiate a lawsuit at the court as stipulated 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 35. Persons with Obligations and Responsibilities to Implement the Decision on Handling the Appeal with Legal Effect

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 36. Enforcement of the Decision on Handling the Appeal with Legal Effect

1. Within their scope of duties and authority, the person handling the appeal has the responsibility to direct agencies, organizations, and individuals under their management to enforce the decision on handling the appeal that has acquired legal effect; when necessary, request competent authorities to take measures to ensure enforcement of the decision on handling the appeal with legal effect; organize enforcement or take the lead and coordinate with relevant organizations and agencies to implement measures to restore the legitimate rights and interests of the appellant; propose other agencies and organizations to resolve issues related to the enforcement of the decision on handling the appeal (if any).

2. Within their scope of duties and authority, agencies, organizations, and individuals related to the matter have the responsibility to comply with the decision of the competent authority to enforce the decision on handling the appeal that has acquired legal effect; cooperate with competent agencies, organizations, and individuals in organizing the enforcement of the decision on handling the appeal with legal effect when requested.

Chapter III

COMPLAINTS AND HANDLING OF COMPLAINTS

Section 1. RIGHTS AND OBLIGATIONS OF THE COMPLAINANT, THE ACCUSED, AND THE COMPLAINT RESOLVER

Article 37. 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 authority or individual in accordance with Articles 39, 40, 41, and 42 of this Decree regarding violations of laws in the fields of labor; vocational education; activities of sending Vietnamese workers to work abroad under contracts; employment; occupational safety and health.

2. Other rights and obligations of the complainant shall be implemented in accordance with the provisions of the law on complaints and relevant laws.

Article 38. Rights and obligations of the accused and the complaint resolver

The rights and obligations of the accused and the complaint resolver shall be implemented in accordance with the provisions of the law on complaints and relevant laws.

Section 2. COMPETENCE TO RESOLVE COMPLAINTS

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

The Director of the Department of Labor Inspection resolves complaints about violations of laws on labor; occupational safety and health within the scope of management of the Department of Labor.

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

The Director of the Overseas Labor Management Bureau resolves complaints about violations of laws on activities of sending Vietnamese workers to work abroad under contracts within the scope of state management of the Ministry of Labor.

Article 41. Competence of the Director of the Ministry of Labor Inspection

The Director of the Ministry of Labor Inspection reviews and handles complaints that have been resolved by the Director of the Department of Labor Inspection but still have subsequent complaints or complaints not resolved within the prescribed time limit; handles complaints assigned by the Minister of Labor.

Article 42. Competence of the Minister of Labor to resolve complaints

The Minister of Labor reviews and handles complaints that have been resolved by the Director of the Overseas Labor Management Bureau but still have subsequent complaints or complaints not resolved within the prescribed time limit.

Article 43. Competence to resolve complaints about vocational education and employment

Complaints about vocational education and employment shall be resolved in accordance with the provisions of the law on complaints.

Article 44. Determination of competence to resolve complaints

Complaints related to the functions of state administration of multiple agencies; complaints within the jurisdiction of multiple agencies for resolution; complaints about violations of laws with signs of criminal offenses shall be handled in accordance with the provisions of the law on complaints.

Section 3. PROCEDURES FOR RESOLVING COMPLAINTS

Article 45. Procedures for resolving complaints

1. Procedures for receiving, classifying, verifying, concluding on the content of complaints, deciding on the handling of violations of laws in the fields of labor; vocational education; sending Vietnamese workers to work abroad under contracts; employment; occupational safety and health shall be carried out in accordance with the provisions of the law on complaints.

2. In cases where it is concluded that the accused has committed administrative violations in the fields of labor; vocational education; sending Vietnamese workers to work abroad under contracts; employment; occupational safety and health, the handling of such administrative violations must comply with the law on administrative violation handling.

3. The file for resolving complaints shall be established in accordance with the provisions of the law on complaints.

Chapter IV

IMPLEMENTING PROVISIONS

Article 46. Effective Date

This Decree takes effect from April 15, 2018.

Decree No. 119/2014/NĐ-CP dated December 17, 2014 of the Government detailing some articles of the Labor Code, the Vocational Education Law, and the Law on Vietnamese Workers Going to Work Abroad Under Contracts concerning appeals and complaints ceases to be effective from the date this Decree takes effect.

Provisions related to appeals and complaints of workers stipulated in Decree No. 75/2012/NĐ-CP dated October 3, 2012 of the Government detailing some articles of the Law on Appeals, and Decree No. 76/2012/NĐ-CP dated October 3, 2012 of the Government detailing some articles of the Law on Complaints cease to be effective from the date this Decree takes effect.

Article 47. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairmen of provincial and centrally-administered city People's Committees, relevant agencies, organizations, and individuals are responsible for implementing this Decree.

The Minister of Labor within the scope of his/her functions and duties is responsible for guiding the implementation of this Decree./