Decree No. 24/2018/ND-CP dated February 27, 2018 of the Government on providing regulations on the settlement of complaints and denunciations in the field of labor, vocational education and sending Vietnamese workers to work abroad under contracts, employment, occupational safety and hygiene

DECREE

On providing regulations on the settlement of complaints and denunciations in the field of labor, vocational education and sending Vietnamese workers to work abroad under contracts, employment, occupational safety and hygiene

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

Pursuant to the Labor Code dated 18 June 2012;

Pursuant to the Law on Vocational Education dated 27 November 2014;

Pursuant to the Law on Vietnamese Guest Workers under contracts dated November 29, 2006;

Pursuant to the Law on Employments dated November 16, 2013;

Pursuant to the Law on Occupational Safety and Health dated June 25, 2015;

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

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

The Government hereby promulgates the Decree on providing regulations on the settlement of complaints and denunciations in the field of labor, vocational education and sending Vietnamese workers to work abroad under contracts, employment, occupational safety and hygiene.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Decree provides regulations on complaints and settlement of complaint about labor decisions and acts; vocational education; activities of sending Vietnamese laborers to work abroad under contracts; employment; occupational safety and hygiene. Regulations on denunciations and denunciation settlement regarding violations of law by agencies, organizations and individuals in the labor field; vocational education; sending Vietnamese workers to work abroad under contracts; employment; occupational safety and hygiene.

2. The settlement of complaints and denunciations through inspection activities shall comply with regulations of the law on inspection.

Article 2. Subjects of application

This Decree applies to the following subjects:

1. Workers, persons who are under apprenticeship, internship to work for the employer, probationers, learners in vocational education institutions or vocational education operation establishments, persons entitled to unemployment insurance policies and Vietnamese workers working abroad under contracts.

2. Employers.

3. Vocational education institutions and vocational education operation establishments.

4. Enterprises, State non-business organizations sending Vietnamese workers to work abroad under contracts.

5. Employment service organizations and organizations related to the activities of creating job for workers.

6. Organizations assessing and issuing Certificates of national vocational skills.

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

Article 3. Interpret of term

In this Decree, the terms below are construed as follows:

1. Complaint about labor is a request of the worker, person who is under apprenticeship, internship to work for the employer or probationer under the procedures in this Decree to the person competent to settle complaints about labor for re-considering the labor decision and act of the employers when there are grounds to believe that such decision or act has breached the labor law and infringed his/her legal rights and interests.

2. Complaint about vocational training is the request of the learner in vocational education institution or vocational education operation establishment located in Vietnam under the procedures as prescribed in this Decree to the person competent to settle vocational education complaints for re-considering the vocational education decision and act of the vocational education institution or vocational education operation establishment when there are grounds to believe that such decision and act has breached the law on vocational education and infringed his/her legal rights and interests.

3. Complaint about the activity of sending a Vietnamese worker to work abroad under contract is the request of a worker under the procedures as prescribed in this Decree to the person competent to settle complaints about sending the Vietnamese worker to work abroad under contract for re-considering the decision and act of sending the Vietnamese worker to work abroad under contract of the organization sending the Vietnamese worker to work abroad under contract when there are grounds to believe that such decision and act has breached the law on sending Vietnamese workers to work abroad under contracts and infringed his/her legal rights and interests.

Click Download to see the full text