Library

New laws on labor dispute mediators

ANT Lawyers employment practice offers counseling service in the Vietnam labour and employment compliance and dispute matters. Our Vietnam employment lawyers often keep track with changes in the Vietnam labour code, the Vietnam employment laws to provide the clients with the best advice. The recently issued Circular 08/2013/TT-BLDTBXH is guiding the selection, appointment, re-appointment for mediators for solving labour disputes and dismissal of labour conciliators as prescribed in Decree No. 46/2013/ND-CP of the Government which details the implementation of a number of articles of the Labor Code on labour disputes in Vietnam.

Each district, town and provincial city shall have labour mediators. Based on the number of firms and the level of labour disputes in the area, the Department of Labour, Invalids and Social Affairs shall determine the amount of the labour mediators;

Department of Labour, Invalids and Social Affairs is responsible for receiving requests for the mediation of labour disputes, disputes over contracts of labour. The party that is requesting mediation can suggest a labour mediator and the Department of Labour, Invalids and Social Affairs will appoint the mediator to involve in the labour dispute.

Dismissal of labour conciliators in one of the following cases:a) There is an application for resignation under the labour mediator model No. 05/HGV attached to this Circular. b) Having 2 years of continuous assessment tasks that are not completed in accordance with Article 8 of this Circular. c) In case there are violations of law, an abuse of their credibility or authority. His responsibility is detrimental to the interests of the parties or the interests of the state during the reconciliation process in one of the following cases: i) One of the provisions of Article 3 of the Law on Anti-Corruption; ii) Perform reconciliation duties not impartial or not objective The Chairman of the District’s People’s Committee, representing the Department of Labour, Invalids and Social Affairs in the district level, shall preside over the meeting to consider the level of illegal labor mediation in the presence of the labour mediator and the parties relating to the violations of labour mediation. Minutes of the meeting must be signed by the labour mediator and the representatives of the involved parties. This Circular takes effect from July 1, 2013. If Circular 22/2007/TT-BLDTBXH of October 23rd 2007 of the Ministry of Labour, Invalids and Social Affairs is guiding on the organization and operation of this department and the mediators and labour regulations in a contrary way to this Circular, this Circular shall be effective as from the date when it is effective.

How ANT Lawyers Could Help Your Business?

You could reach ANT Lawyers in Vietnam for advice via email ant@antlawyers.vn or call our office at (+84) 24 730 86 529

ANT Lawyers

Recent Posts

7 Bold Reasons Why Tokenization in Vietnam Could Transform Your Future

Change is coming. Quietly. Digitally. Rapidly. Let’s imagine the situation, which assets are no longer…

1 week ago

Vietnam P2P Lending: 5 Bold Reasons Why Decree 94/2025 Could Empower Millions or Backfire?

A New Financial Chapter Begins in Vietnam One person lends. Another borrows. It’s that simple.…

1 week ago

5 Essential Lessons from Risk Management in Digital Assets in Vietnam: Protecting Trust in a Digital World

Trust Is the Real Currency Money can be lost. Tokens can vanish. Platforms can crash.…

2 weeks ago

5 Powerful Reasons Why Vietnam Digital Asset Sandbox Is a Bold and Hopeful Move for Innovation

Change is fast. Rules are slow. But innovation can’t wait. As digital assets grow, so…

3 weeks ago

4 Critical Steps to Effectively Terminate The Employment Contracts with Confidence and Compassion

To terminate the employment contracts can be a complex and often sensitive process, especially when…

4 weeks ago

8 Insights from a Due Diligence Attorneys in Vietnam for Successful M&A Deals

Navigating the complex landscape of mergers and acquisitions (M&A) in Vietnam can be a daunting…

1 month ago