Chương 6 Nghị định 81/2003/NĐ-CP: Giải quyết tranh chấp, khiếu nại, tố cáo, khen thưởng và xử lý vi phạm

Chapter VI

SETTLING DISPUTES, COMPLAINTS AND DENUNCIATIONS, COMMENDATION AND HANDLING OF VIOLATIONS

Article 30.- Principles for settling disputes

1. Conducting direct negotiations and arrangement among the disputing parties in an objective and timely manner.

2. Through conciliation and arbitration on the basis of respect for the rights and interests of the parties, respect of the common interests of the society, the observance of laws of Vietnam and of the host countries.

3. Enterprises have the responsibility to settle disputes arising from their labor export activities. In case of complicated disputes, affecting the labor relations between the two countries, they must report in time and fully thereon and submit the plans on settlement thereof to the enterprise-managing agencies and the Ministry of Labor, War Invalids and Social Affairs.

Article 31.- Law governing the dispute settlement

1. Disputes between Vietnamese laborers and enterprises sending laborers to work overseas shall be settled on the basis of the contracts on working overseas, which have been signed between the two parties and the provisions of Vietnamese laws.

2. Disputes between Vietnamese laborers and foreign employers shall be settled on the basis of the labor contracts signed between the two parties and the provisions of laws of the countries receiving laborers.

3. Disputes between Vietnamese enterprises and foreign partners which do not directly employ laborers shall be settled on the basis of the contracts signed between the two parties. In cases where contracts do not prescribe the applicable laws, the laws of the labor-receiving countries shall apply.

4. Disputes between Vietnamese enterprises and foreign employers shall be settled on the basis of the contracts signed between the two parties (if any), other relevant contracts. In cases where the contracts do not prescribe the applicable laws, the laws of the labor-receiving countries shall apply.

5. Disputes involving many parties shall be settled in compliance with the laws which the parties agree to select; if failing to reach agreement, the laws of the labor-receiving countries shall apply.

Article 32.- Competence to settle disputes

Disputes over labor export involving Vietnamese laws shall be settled under the joint guidance of the Justice Ministry, the Ministry of Labor, War Invalids and Social Affairs, the Supreme Peoples Procuracy and the Supreme Peoples Court.

Article 33.- Settling complaints, denunciations about labor export

1. Complaints of laborers, labor-exporting enterprises shall be considered and concluded by the director of the Overseas Labor Management Department under the Ministry of Labor, War Invalids and Social Affairs, who shall also propose to the Minister of Labor, War Invalids and Social Affairs handling measures; denunciations about labor export shall be considered and concluded by the head of the Inspectorate under the Ministry of Labor, War Invalids and Social Affairs, who shall also propose to the Minister of Labor, War Invalids and Social Affairs the handling measures.

2. If disagreeing with the decisions on settlement of complaints and/or denunciations, the laborers and/or the labor- exporting enterprises may lodge their complaints with the Minister of Labor, War Invalids and Social Affairs or initiate lawsuits at the administrative courts according to law provisions.

Article 34.- Commendation

Domestic and foreign agencies, organizations and individuals that record achievements in labor export activities shall be commended and/or rewarded according to law provisions.

Article 35.- Handling of violations

1. Agencies, organizations and/or individuals that violate provisions of this Decree shall, depending on the nature and seriousness of their violations, be handled according to the provisions of Vietnamese law.

2. Enterprises sending laborers to work overseas, which violate provisions of this Decree, shall be administratively sanctioned; in addition, depending on the nature and seriousness of their violation, they shall be subject to the application of additional sanctioning forms: damage (if any) compensation, temporary suspension of contract performance or suspension for definite periods of time of labor export activities according to the regulations of the Ministry of Labor, War Invalids and Social Affairs.

3. Laborers who violate terms of the contracts already signed with labor-exporting enterprises shall be handled as follows:

- Caution and notification to their families, residence localities and units where they previously worked;

- Compensation for damage they have caused according to the provisions of Vietnamese law.

Where laborers breach terms of the labor contracts already signed with employers, they shall be handled according to the provisions of law of the host countries.

4. While working overseas, if laborers arbitrarily abandon the contracts, they shall be handled as follows:

a) Paying compensation for damage caused to Vietnamese labor-exporting enterprises, covering:

- Expenses for recruitment, training (if any) in service of the overseas work;

- Service charge for remaining duration of the contracts;

- Amounts of pecuniary fine, compensations paid by Vietnamese enterprises to labor-receiving enterprises of the host countries;

- Other actual and reasonable damage caused to Vietnamese enterprises due to their arbitrary abandonment of contracts.

b) Being forced to return home and having to bear all costs of their returns; being not allowed to work overseas for 5 years as from the date of their return home.

c) Having their violations notified to their families, residence localities and units where they previously work.