DECREE

Regulation of certain provisions of the Labor Code, Vocational Law,

The Vietnam Labor Law goes to work abroad.

the contract for complaint, denounce

__________________________

Government Law Base December 25, 2001;

The Labor Code base on June 18, 2012;

Vocational Law School November 29, 2006;

The Vietnam Labor Law base went to work abroad under contract on November 29, 2006;

The Code of Law on November 11, 2011;

At the suggestion of the Minister of Labor-Trade and Social Affairs,

Government The decree issued a regulatory decree detailing some of the provisions of the Labor Code, the Law of Teaching, the Vietnam Employment Law, which went to work abroad under the contract for the complaint, denouncing.

Chapter I

COMMON RULES

What? 1. The adjustment range

1. This decree provides for the complaint and resolve of the complaint to the decision, the behavior of employers; the decision, the conduct of the institution of the organization, the individual engaged in vocational training; the decision, the conduct of the labour of the worker. Vietnam is working abroad under the contract of the organization, the individual participating in the operation to bring Vietnamese workers to work abroad under contract; denouncing and addressing the charges against the violation of the agency's law, organization, individual in the country. sector of labor, vocational training, activities bringing Vietnamese workers to work abroad under contract.

2. The settlement of the complaint through the operation of the inspection team is carried out under the rule of law on the inspection and regulation of the relevant law.

What? 2. Subject applies

1. This decree applies to the following object:

a) The labourers, the labourers, the workmen, the apprenties, the Vietnamese labourers, to work abroad according to the contract;

b) Users of labor;

c) The organization, the individual engaged in vocational training;

d) The organization, the individual who brought Vietnamese workers to work abroad under contract;

The organization, the individual involved in vocational training, operates Vietnamese workers working overseas under contract.

2. This decree does not apply to the following objects:

a) The state enterprise, the public career unit, the worker who went to work abroad under a personal contract under the provisions of the Vietnam Labor Law to work abroad under contract;

b) The administrative decision, administrative action of the state administrative body, of the competent persons in the state administration.

What? 3. Explain words

In this decree, the words below are understood as follows:

1. The complaint about labor is the employment of workers, the apprentiers, the trial procedure for the procedure at this decree requiring that the authority to resolve the complaint of labor review the decision, the behavior of employers ' labor. When it comes to decision-making, that behavior violates the laws of labor, infringes on the rights and interests of their own.

2. Occupational Complaints are apprentips, organizations, individuals with regard to vocational training in Vietnam under the regulatory procedure at this decree asking for the authority to resolve the complaint about teaching profession review, behavior on teaching and teaching. The organization of the organization, the individual engaged in vocational training when it comes to decision-making, that behavior violates the law of vocational education, infringes on its right and legitimate interests.

3. A complaint about the activity of bringing Vietnamese workers to work abroad under contract is the employment of workers working abroad under the regulatory procedure at the decree asking for the authority to resolve the complaint about the operation. Sending Vietnamese workers to work abroad under contract review decisions, behavior on bringing Vietnamese workers to work abroad under the contract of the organization, the individual bringing Vietnamese workers to work abroad in the country. And the contract is, when it comes to the grounds that the decision is made, that behavior violates the law of sending Vietnamese workers to work abroad, under contract, to invade. The rights and interests of our own.

4. The report of labor, vocational training, bringing Vietnamese workers to work overseas under contract is the citizenship, labourers, apprentiers, apprentiers, apprentiers, Vietnamese workers to work abroad under the contract by their prime minister. The law of the United States, organization, individual in the field of labor, employment, employment, activities of Vietnamese workers to work abroad, according to contract damages or threats. threatened to damage the interests of the State, the right, the legitimate interests of the citizens, the agency, the organization.

5. The person who lodged a complaint about labor is the worker, the appreneworker, who tries to exercise the right to complain.

6. The person who has complaints about vocational training is a profession, an organization, an individual who is involved in vocational training exercise.

7. The person who lodged a complaint about the activity of bringing Vietnamese workers to work abroad under contract is that Vietnamese workers go to work abroad under contract, organization, individuals who are involved in the operation to bring Vietnamese workers to work in the United States. It is foreign to contract with the right to complain.

8. The person with a complaint about labour is the person who uses the decision labour, the conduct of the labor being lodged with a complaint.

9. The person who is accused of vocational training is the organization, the individual involved in a decision-making practice, the conduct of the profession being accused.

10. The person who is accused of bringing Vietnamese workers to work abroad under contract is the organization, the individual bringing Vietnamese workers to work abroad under a decision-making contract, the conduct of bringing Vietnamese workers to work in the country. Out of the contract with the complaint.

11. The whistled whistled, teaching profession, bringing Vietnamese workers to work abroad under the contract is citizens, labourers, apprentiers, apprentiers, apprentiers, Vietnamese workers to work abroad under the real contract. The right to denounce.

12. The person accused of labour is the employer whose behavior is denouncing.

13. The person who is accused of vocational training is the organization, personally involved in vocational training with denouncing behavior.

14. The person who is accused of the operation of Vietnamese workers to work abroad under contract is the organization, the individual bringing Vietnamese workers to work abroad under contract with the alleged behavior.

15. The person addressing the complaint of labor, teaching profession, bringing Vietnamese workers to work abroad under the contract is the agency, the organization, the individual who has the authority to resolve the regulatory complaint at this Decree.

16. Resolve for employment, teaching profession, bringing Vietnamese workers to work abroad under the contract is the agency, the organization, the individual who has the authority to resolve the regulation stipulated at this decree.

17. Resolve the complaint of labor, vocational training, bringing Vietnamese workers to work abroad under contract is the rationing, verification, conclusion, and decision to resolve the complaint of the person who addressed the complaint.

18. Resolve for labor, vocational training, bringing Vietnamese workers to work abroad under contract is the receiving, verification, conclusion of the whistled content, and the handling of the whistled whistlout.

19. Withdrew the complaint as the person who lodged a complaint suggested the man to resolve the complaint to end the settlement of his complaint.

20. The decision on labour is the written decision of the employer applied to the worker, the apprentier, who tries to work in labor relations and relations directly related to the labor relationship.

21. The behavior of labour is the behavior of employers made in labor relations and relations directly related to labor relations.

22. The decision on vocational training is the written decision of the organization, the individual engaged in vocational training applied to the individual apprenties in vocational training and activities directly related to vocational training.

23. The practice of vocational training is the conduct of the organization, the individual engaged in vocational training performed in vocational training and activities directly related to vocational training.

24. The decision on bringing Vietnamese workers to work abroad under the contract is the written decision of the organization, the individual bringing the Vietnamese labourers to work abroad under contract applied to the worker in the operation, according to the report. bringing Vietnamese workers to work abroad under contract and activities is directly related to the activities of bringing Vietnamese workers to work abroad under contract.

25. The behavior of sending Vietnamese workers to work overseas under contract is the behavior of the organization, the individual bringing Vietnamese workers to work abroad under contract to carry Vietnamese workers to work in the country. besides the contract and activities directly related to the operation brought Vietnamese workers to work abroad under contract.

What? 4. The principle of resolving the complaint, denouncing labor, vocational training, activities bringing Vietnamese workers to work abroad under contract for the United States.

1. Timely, objective, public, democratic.

2. Secure the legal rights and interests of the accuser, who suffers from the complaint, the whistled, the accused, and the individual, the organization involved.

Chapter II

COMPLAINT AND RESOLVE

Section 1: COMPLAINT

What? 5. Complexation

1. When there is a base that determines the decision, the behavior of employers; organization, individual teaching profession; organization, personally bringing Vietnamese workers to work abroad under contract is illegal, trespassing directly to the right, the legitimate interests of the country. I have a complaint to make a complaint to the person who addressed the complaint at the discretion of 1 Article 15, paragraph 1 Article 16, paragraph 1 Article 17 of this decree.

2. The case of the complaint disagrees with the decision to resolve the complaint under the stipulation at Article 1 This Article or the statute of limitations stipulated at Article 19 of which the complaint was not resolved, the complaint lodged a second complaint. the following rules:

a) For the complaint of labor, the complaint is made to make a complaint to the person addressing the prescribed complaint at paragraph 2 Article 15 This decree;

b) For the complaint of vocational teaching, the complaint makes a complaint to the person addressing the prescribed complaint at paragraph 2 Article 16 This decree;

c) For a complaint about the operation of the Vietnamese worker to work abroad under contract, the complaint makes a complaint to the settlement of the specified complaint at the Article 2 Article 17 of this decree.

3. The case of the complaint disagrees with the decision to resolve the complaint under the stipulation at clause 2 This Article or the statute of limitations stipulated at Article 27 of this decree, the complaint has the right to complain under the provisions of the Claims Act and the relevant text. whether or not to sue the case in the Court by Regulation 2 Article 10 of this decree.

What? 6. Penal form

1. The complaint made by the form of a complaint lodged or a direct complaint, specified as follows:

a) A complaint with the form of a single letter, in the complaint stating the following content: day, month, year of complaint; name, address of the complaint; name, address of the agency, organization, individual lodged complaints; content, reason complaints, documents related to the complaint content (if any) and requests to resolve the complaint. A complaint filed by the complaint of the complaint or point;

b) Direct petition the recipient of the complaint instructs the complaint to write a complaint or the recipient of a complaint of the full record of the complaint according to the stipulation at this point and requires the complaint to sign or point pointing to the document. Copy.

2. The case for many people with a complaint about a content is done as follows:

a) A complaint with the form of a single letter, in the full record of the specified content at the Point of One Article, has the signatures of the complemers and the delegate to present when there is a request from the person to resolve the complaint;

b) Direct petition the agency has the authority to organize the next, and nominate a representative to present a complaint of the complaint; the recipient of the complaint records the full document of the complaint at the Point of One Article 1, and requires the agent to sign it. the name or point pointing to the text.

3. The case of a complaint is made through the representative, the agent must have the certificate of legitimacy of the representation and implementation of the complaint according to the decree of this decree.

What? 7. The complaint period

1. The first complaint period is 180 days, since the day the complaint receives or knows the decision, the behavior of the employer, of the organization, the organization ' s profession, the organization, the individual bringing the Vietnamese worker to work abroad according to the report. The contract is filed.

2. The second time of complaint is 30 days, since the expiration of the statute of limitations on Article 19 of this decree or since the date of the decision being decided to resolve the initial complaint that the complaint has not agreed to with the decision.

3. The case of a complaint that did not perform the right to complain in accordance with Article 1 and Clause 2 This is due to illness, disaster, enemy, traveling, learning at a distance, or because of other objective obstacles. Didn't count on the time of the complaint.

What? 8. Withdraw complaints

1. The complaint has the right to withdraw the complaint at any time during the complaint and resolve the complaint.

2. The withdrawal of the complaint must be made by the application with the signature or the point of the complaint; the application to withdraw the complaint must be sent to the person who addressed the complaint.

3. During the 3-day period of work, since the date received a complaint from the complaint of the complaint, the person addressing the decision making decisions about the suspension of the complaint and sent to the person who withdrew the complaint.

What? 9. The complaint is not resolved to resolve by this decree

1. The decision, the accused behavior is not directly related to the right, the legitimate interest of the complaint.

2. The complacer has no full civilian behavior capacity without a legitimate representative.

3. The agent is not legal.

4. The complaint has no signature or complaint points of the complaint.

5. The period of complaint by regulation at Clause 1, Clause 2 Article 7 of this decree has expired without the prescribed reason at Article 3 Article 7 of this decree.

6. Have the text of the authority to announce the suspension of the complaint that comes after 30 days, since the date with the text announcing the complaint does not continue the complaint.

7. The complaint has decided to address the legal effect.

8. The complaint has been either taken by the Court or has been resolved by the verdict, the Court 's decision, except for the decision to suspend the Court' s case.

Section 2: RIGHTS, THE COMPLAINT OF THE COMPLAINT, THE DEFENDANT

THE COMPLAINT, THE PERSON ADDRESSING THE COMPLAINT, THE LAWYER, THE LEGAL ASSISTANT

AND THE HELP OF THE LEGAL AID.

What? 10. Rights, complaint of the complaint

1. The complaint is entitled to the following:

a) to claim or authorize others to complain;

b) Join the dialogue or authorization for the legal representative to join the dialogue;

c) Known, read, copy, copy of the document, the evidence that the person addressing the complaint collects to resolve the complaint; except for information, documents belonging to the state secret or the secret of the person who was lodged by the law;

d) The personal, agency, organizational, relevant organization that holds, manage information, documents relating to the complaint content provides information content, that document; except for information, documents belonging to the state secret or the secret of the person to be lodged. the rule of law;

Ask the person to resolve the complaint to apply the emergency measure to prevent the possible consequences due to the enforcement of the decision, the conduct of the complaint;

e) to testify about the complaint and process of his opinion on the evidence;

g) Being restored to the right, the legitimate interest has been compromised by the enforcement of the decision, the conduct of the complaint;

h) damages in accordance with the rule of law;

i) Withdraw the complaint in accordance with Article 8 of this decree;

) The second time.

l) Initiate the case at the Court by stipulation at paragraph 2 This.

2. The right to sue the case in the Court:

a) The complaint has the right to sue the case in the Court under the provisions of the civil litigation law in the following case:

-When there is a base that determines the decision, the behavior of employers; organizations, individuals teaching professions; organizations, individuals bringing Vietnamese workers to work abroad under contract are illegal, directly violating the right, the legitimate interests of the country. I am

-Do not agree with the decision to resolve the complaint for the first time in accordance with Article 22 of this decree;

-The deadline has expired at Article 19 of this decree that the first complaint was not resolved.

b) The complaint has the right to sue the case in the Court under the rule of law proceedings in the following case:

When it is not agreed with the decision to resolve the second complaint by regulation at Article 30 of this decree;

The statute of limitations expires at Article 27 of which the second complaint is not resolved.

3. The complaint has the following obligation:

a) Perform the complaint in accordance with the procedure, the procedure stipulated at this decree;

b) The honest presentation of the matter, giving evidence of the complaint; provides information, relevant documents to the person addressing the complaint; being accountable to the law on the content of presentation and the provision of information, that document;

c) The strict approval of the decision to resolve the complaint has the legal effect.

4. The complacitor exercise authority and other obligations under the rule of law.

What? 11. Rights, the obligation of the complaint

1. The defendant has the following right:

a) Make evidence of the legitimacy of the decision, the act of complaint;

b) Known, read, copy, copy of the document, the evidence that the two-time complaint was collected to resolve the complaint, except for information, document belonging to the state secret or the secret of the person lodged by the law;

c) Personal requirements, agencies, organizations that are involved in keeping, managing information, documents related to the complaint content provide information content, that document for themselves during the 5-day period of work, since the date of the request and delivery of the settlement. a second complaint to resolve the complaint, except for information, document belonging to the state secret or the secret of the person who is accused by the rule of the law;

d) The decision to resolve the second complaint.

2. The defendant has the following obligation:

a) Make the first settlement under the jurisdiction of Article 15, paragraph 1 Article 16, paragraph 1 Article 17 of this decree;

b) Join the dialogue or authorization for the legal representative to join the dialogue;

c) Accusing the decision to verify the individual complaint content, the authority with the authority to resolve the second complaint;

d) Provide information, documents related to the complaint content during the 5-day period of work, since the person with the authority to resolve the complaint the second time required;

) The solution of the legitimacy, the right of the decision, the conduct of the complaint when the authority of the authority to resolve the complaint the second time required;

e) The strict approval of the decision to resolve the complaint has the legal effect.

3. The person who is charged with carrying out the rights and other obligations under the rule of law.

What? 12. Rights, the obligation of the first complaint settlement

1. The settlement of the first complaint has the following power:

a) Ask for the complaint, who is involved in the complaint to provide information, documents, evidence in the 5-day period of work, since the date of the request as a basis to resolve the complaint;

b) The decision to apply, the cancellation of the emergency measure by regulation at Article 25 of this decree.

2. The settlement of the first complaint had the following obligation:

a) Continue to submit a complaint and a written notice of the rationing of the complaint to the individual, the agency, the organization according to the regulation at Article 18 of this decree;

b) Resolve the complaint to the decision, your conduct is lodged complaints;

c) The organization of dialogue with the complaint and agency, organization, individual is relevant;

d) To the decision to resolve the complaint to the individual, the agency, the organization according to regulation at Article 23 This decree;

to the law of the settlement of his complaint;

e) To provide information, documents, evidence related to the complaint content when the complaint is required;

g) Provide a resolution of the complaint when the person is addressing a second complaint or the Court of requests.

3. The person who settled the complaint was first in charge, the other obligation under the rule of law.

What? 13. Rights, the obligation of the second complaint settlement

1. The settlement of the second complaint has the following power:

a) Ask the complaint, who is lodged with the complaint, the agency, the organization, the individual who is involved in providing information, documents, evidence during the 5-day period of work, since the date of the request as a basis for resolving the complaint;

b) The decision to apply, the cancellation of the emergency measure by regulation at Article 25 of this decree;

c) The bridge is determined to be a resolution of the complaint.

2. The second-time complaint man has the following obligation:

a) Take it, plead guilty, file a criminal complaint to the jurisdiction of the jurisdiction;

b) Check, verify the contents of the complaint;

c) The organization of dialogue between the complaint, who is subject to complaint and agency, organization, the individual is involved;

d) Ra decided and announced the decision to resolve the complaint;

) Providing information, documents related to the complaint content when the complaint persons, who suffers from the complaint required;

e) Providing information, documents related to the complaint content, the filing of the resolution of the complaint the second time when the Court is required.

3. The person who settled the complaint for the second time exercise rights, the other obligation under the rule of law.

What? 14. Rights, the duty of the lawyer, the legal assistant and the legal aid participant.

1. Lawyer, legal assistant and legal aid participant have the following right:

a) Participation in the process of resolving the complaint at the request of the complaint;

b) Practice the right, the obligation of the complacer upon receiving the authorization;

c) Verify, gather evidence relevant to the complaint content at the request of the complaint and provide evidence to the person addressing the complaint;

d) Study of the case file, the copy, the copy of the document, the evidence associated with the complaint content to protect the right, the legal benefit of the complaint; except for information, state secret documents, or the secret of the person with a prescribed complaint. of the law.

2. Lawyer, Legal Aid and Legal Aid participant have the following obligation:

a) A lawyer's card, a legal aid card, and a decision to distribute legal assistance, a request for help on the legal law or authorization of the complaint;

b) Do the right content, the scope that the complaint has authorized.

3. Lawyer, legal assistant and a participant in the legal aid exercise authority, other obligations under the rule of law.

Section 3: AUTHORITY TO RESOLVE THE COMPLAINT

What? 15. Authority to resolve the complaint of labor

1. The employer has the authority to resolve the initial complaint against the decision, his behavior is lodged with a complaint.

2. The Chief Inspector of the Labor Department-Trade and Social Affairs, where employers set the seat of government with the authority to resolve the second complaint against the complaint of labor when the complaint disagrees with the decision to resolve the first time under the rule. at this Article 1 This Article or the expiration of the statute of limitations in Article 19 of this decree that the complaint is not resolved.

What? 16. Authority to resolve the complaint about vocational training

1. The head of a vocational training facility has the authority to resolve the initial complaint against the decision, his behavior is lodged with a complaint.

2. The Director of the Department of Labor-Trade and Social Affairs, where the vocational base of office has jurisdiction to resolve the second complaint against the vocational complaint when the complaint disagrees with the decision to resolve the first time stipulated at Section 1. This or the expiration of the statute of limitations in Article 19 of this decree that the complaint is not resolved.

What? 17. The authority to address the complaint of activity bringing Vietnamese workers to work abroad under contract for the country.

1. The head of the organization bringing Vietnamese workers to work abroad under a competent contract to resolve the initial complaint against the decision, his conduct was lodged with a complaint.

2. Head of the Bureau of Foreign Affairs Administration has the authority to resolve the second complaint against the complaint of the operation that brought Vietnam workers to work abroad under contract when the complaint disagrees with the decision to settle for the first time. according to the Article 1 clause or the expiration date specified in Article 19 of this decree that the complaint is not resolved.

Section 4: SEQUENCE, PROCEDURE, DURATION OF COMPLAINT RESOLUTION FIRST TIME

What? 18. Reason for the first time.

1. The patient ' s handling of complaint about labor

a) In the period of the 7 working days, since the date received a complaint of the scope, the authority to resolve its resolve, the first person to resolve the complaint must first resolve and inform the document of the settlement of the complaint to the complaint. and Chief Inspector of the Department of Labor-Trade and Social Affairs, where employers are headquartered;

b) The case of a complaint filed by the agency, the organization, the other individual moved to, in addition to the prescribed notice at the point of this A, the person who addressed the complaint had to inform the first written notice of the settlement of the complaint to the agency, the organization, the fish You have transferred the complaint.

2. The rationing of the complaint about vocational training

a) In the period of the 7 working days, since the date received a complaint of the scope, the authority to resolve its resolve, the first person to resolve the complaint must first resolve and inform the document of the settlement of the complaint to the complaint. and the Director of the Department of Labor-Trade and Social Affairs, where the vocational facility is headquartered;

b) The case of a complaint filed by the agency, the organization, the other individual moved to, in addition to the prescribed notice at the point of this A, the person who addressed the complaint had to inform the first written notice of the settlement of the complaint to the agency, the organization, the fish You have transferred the complaint.

3. The rationing of the complaint about the operation brought Vietnamese workers to work abroad under contract.

a) In the period of the 7 working days, since the date received a complaint of the scope, the authority to resolve its resolve, the first person to resolve the complaint must first resolve and inform the document of the settlement of the complaint to the complaint. and the Director of the Bureau of Labor in the Foreign Service;

b) The case of a complaint filed by the agency, the organization, the other individual moved to, in addition to the prescribed notice at the point of this A, the person who addressed the complaint had to inform the first written notice of the settlement of the complaint to the agency, the organization, the fish You have transferred the complaint.

4. When the resolution of the complaint is resolved, the person with the authority to resolve the complaint must make a decision to plead the complaint.

What? 19. The deadline for the first time of complaint

1. The deadline to resolve the complaint for the first time is no more than 30 days, since the date of the concuration; for complex cases the duration of the settlement is no more than 45 days, since the date of the fertilization.

2. In the deep zone, the remote area is difficult, the duration of the resolution of the complaint is no more than 45 days, since the date of the concuration; for complex cases, the duration of the settlement is no more than 60 days, since the date of the fertilization.

What? 20. Check, verify the first complaint content

1. In the statute of limitations at Article 19 of this decree, the person who settled the complaint was first committed or assigned to the department of expertise to conduct an examination, verify the contents of the complaint.

2. The inspection, verification of the complaint content must secure the objective, correct, timely.

3. The person with the responsibility of testing, verify the content of the claim entitled, the following obligation:

a) Ask for the complaint, the agency, the organization, the individual who is involved with the provision of information, documents, and evidence of the complaint;

b) Requis the complaint, the agency, the organization, the individual with the written interpretation of the document of the complaint content;

c) Million volumes of complaints, agencies, organizations, individuals involved;

d) The bridge to be a base of the complaint;

In order to proceed with the laws of the law,

e) Report the results of the test, verify, and be responsible for the verification results.

4. Report results report, verify that the following main content:

a) The test subject, verification;

b) Time for examination, verification;

c) The person who conducts the test, verify;

d) Test content, verification;

Test results, verification;

e) The conclusion and petition to resolve the complaint;

g) Other content (if any).

What? 21. First Dialogue Organization

1. During the settlement of the first complaint, if the complaint of the complaint and the test results, verify the contents of the complaint, the person addressing the complaint must meet, dialogue with the complaint, the person with the right and obligation involved. Officials, agencies, organizations, individuals are involved to clarify the content of the complaint, the complaint of the complaint and the direction of the complaint; the dialogue must proceed publicly, democracy.

2. When the dialogue, the person addressing the complaint must specify a content that needs dialogue; the test results, verify the complaint content; the participant in the dialogue has the right to present the opinion, giving evidence regarding his complaint and request.

3. The dialogue must be established to be compiled; the text must be specified by the participants, the results of the dialogue, with the signature or the point of the participant's point; the dialogue is filed into the filing of the complaint.

4. The dialogue results are one of the bases to resolve the complaint.

What? 22. The decision to resolve the initial complaint

1. The person who settled the complaint first had to make a decision to resolve the complaint.

2. The decision to resolve the first complaint must have the following main content:

The day, the month, the year was determined;

b) Name, address the complaint, who is accused;

c) The contents of the complaint;

d) The results of the test, verify the complaint content;

The outcome of the dialogue (if any);

e) The base of law to resolve the complaint;

g) The conclusion of the complaint content; addressing the specific problem in the complaint content;

h) The compensation of the damage to the person with the damage (if any);

i) The right to a second complaint, the right to sue the case in court.

3. The case for many people with complaints about a content, the person who settled the first complaint based on the complaint of the complaint to make a decision to resolve the complaint to each person or decision to resolve the complaint with the list of others. A complaint.

What? 23. Send the decision to resolve the initial complaint

1. In a 3-day period of work, since the date of the decision to resolve the complaint, the person who addressed the complaint was responsible for sending the decision to resolve the complaint according to the following regulation:

a) For the decision to resolve the complaint of labor: To the complaint, the Chief Inspector of the Department of Labor-Trade and Social Affairs, where the employer is accused of placing the headquarters;

b) For the decision to resolve the complaint of vocational teaching: To the complaint, the Director of the Department of Labor-Trade and Social Affairs, where the vocational training facility is accused of placing the headquarters;

c) For the decision to resolve the complaint about the operation to bring Vietnam workers to work abroad under contract: Send a complaint, the Director of the Bureau of Labor Management out of the country.

2. The case of a complaint filed by the agency, the organization, the other individual moved in, in addition to sending the decision to resolve the complaint under Clause 1 Article, the person addressing the complaint must submit a decision to resolve the complaint to the agency, organization, personally transferred. All right.

What? 24. The filing of the first complaint was resolved

1. The settlement of the complaint must be established. The profile of the complaint includes:

a) A complaint or text that records the complaint;

b) The resolve to resolve the complaint;

c) The decision to resolve the complaint resolve;

d) Documents, evidence collected during the resolution of the complaint;

) Report the results of the test, verify the contents of the complaint;

e) The results of the specified (if any);

g) The organization of the dialogue organization (if any);

h) The decision to resolve the complaint;

i) Other documents are relevant.

2. The filing of the complaint must be numbered according to the time sequence and is kept under the rule of law.

3. The filing of a regulatory complaint at Clause 1 This is transferred to the person who has the authority to resolve the second complaint or the Court has the authority to address when required.

What? 25. Apply Emergency Measure

During the resolution of the complaint, if the enforcement of the decision was found, the alleged behavior would be difficult to overcome, the person who settled the complaint had to make a temporary decision to suspend the decision. The temporary deadline only does not exceed the rest of the time of the complaint settlement. The temporary decision must only be sent to the complaint, who has the right, the related obligations and the people who are in charge of the other execution. When you see the reason for the suspension, you must abort the suspension.

Section 5: SEQUENCE, PROCEDURE TO RESOLVE THE SECOND COMPLAINT

What? 26. Reason to resolve the second complaint

1. During the 7-day period, since the date of receiving a complaint by the authority of his resolve, the second-time complaint has to be resolved to resolve and inform the document of the resolution of the complaint to the complaint.

2. The case of a complaint filed by the agency, the organization, the other individual moved in, in addition to informing the complacer by the stipulation at Clause 1 This, the person addressing the second complaint must inform the document of the settlement of the complaint to the body. The official, the organization, the individual who transferred the complaint.

3. The case does not resolve the solution, you have to specify the reason.

What? 27. The deadline for the second time of complaint

1. The deadline for the second time of the complaint is not more than 45 days, since the date of the concuration; for the complex case the deadline for the resolution of the complaint is no more than 60 days, since the day of pastime.

2. In the deep zone, the region is difficult, and the deadline for the resolution is not more than 60 days, since the day of the inversion; for complex cases the deadline for the resolution of the complaint is no more than 90 days, since the date of the fertilization.

What? 28. Check, verify the second complaint content

1. In the statute of limitations at Article 27 This decree, the person who resolved the second complaint or assigned to the department of expertise to conduct an examination, verify the contents of the complaint. The examination, verify the contents of the complaint in accordance with Article 2, Clause 3 and Clause 4 Article 20 of this Protocol.

2. In addition to the rights and obligations of the person responsible for examination, verify the specified complaint content at paragraph 3 Article 20 This decree, who is responsible for the examination, verify the second-time complaint content, the obligation to ask for the complaint to provide. level of information, documentation and evidence of the complaint content; the written solution of the complaint content.

What? 29. Second Dialogue Organization

1. During the resolution of the second complaint, if the test is needed, the person addressing the complaint organizes the dialogue between the complaint, the person with the complaint, the person with the right and the related obligations, the agency, the organization, the individual is involved.

2. The organization of the second dialogue is provided by regulation at Article 21 of this decree.

What? 30. The decision to resolve the second complaint

1. The person who addressed the second complaint must make a decision to resolve the complaint.

2. In addition to the specified content at paragraph 2 Article 22 This decree, the decision to resolve the second complaint must be content:

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

b) Rights of complaint under the provisions of the Law of Claims and related text, the right to initiate administrative cases in the Court.

3. The case for many people with a complaint about a content, the one who settled the two-base complaint into the conclusion of the complaint content to make a decision to resolve the complaint to each person or decision to resolve the complaint with the list of others. A complaint.

What? 31. Send the decision to resolve the second complaint

In the 3-day period of work, since the date of the decision to resolve the complaint, the person who addressed the second complaint must submit a decision to resolve the complaint to the complaint, the defendant, who has the right, related obligations, agency, organization, fish. I mean, the patient's complaint comes

What? 32. Profile of the second complaint.

A second-time complaint is established as specified at Article 24 of this Decree, which includes a first-time complaint resolution (if any).

Section 6: DECISION TO RESOLVE THE COMPLAINT WITH EFFECT

LAW AND ENFORCEMENT

What? 33. The decision to resolve the complaint with law validity

1. The decision to resolve the first complaint with the law of law is prescribed as follows:

a) After 30 days, since the date of the decision that the accused is not lodged a second time or not to sue the case at the prescribed court at the Point 2 Article 10 This decree;

b) For the region of the deep, the remote area is difficult, after 45 days, since the decision date for which the complaint does not plead the second time or not to sue the case at the specified Court at the Point 2 Article 10 of this decree.

2. The decision to resolve the second complaint with the law of law is prescribed as follows:

a) After 30 days, since the date of the decision that the accused is not to sue the case at the prescribed court at B Point 2 Article 10 This decree;

b) For the deepwater, the remote area is difficult, after 45 days, since the decision date for which the accused is not to sue the case at the specified Court at Point 2 Article 10 of this decree.

3. The decision to resolve the complaint must be enforced shortly after the legal effect.

What? 34. The person with the obligation, the responsibility to implement the decision to resolve the complaint with law enforcement

1. The settlement of the complaint.

2. The complaint.

3. The person with the complaint.

4. The person with the right, the related obligation.

5. Agency, organization, individuals are involved.

What? 35. The enforcement of the decision to resolve the complaint with law enforcement

1. The person who addressed the complaint within the scope of the mission, its authority is responsible for directing the agency, the organization, the individual under the authority to enforce the decision to resolve the complaint had the legal effect; the necessary case, the agency requirement. The function of a measure to ensure the enforcement of the decision to resolve the complaint has the effect of law; the organization execs or presided over, in coordination with the organization, the right body to exercise the measure to restore the right, the legal benefit of the complaint. Agency petitions, other organizations addressing issues related to the implementation of the decision to resolve the complaint (if any).

2. Within the scope of the mission, its powers, the agency, the organization, the relevant individual responsible for the decision to accept the decision of the competent authorities to enforce the decision to resolve the complaint has been in effect of law; in coordination with the agency, organization, fish. The authorities in organizing the decision to address the decision to resolve the complaint have legal effect upon being asked.

Chapter III

REPORT AND REPORT

Section 1: RIGHTS, THE OBLIGATIONS OF THE WHISTLED, THE ACCUSED AND WHISTLED.

What? 36. The rights and obligations of the whistled

1. The whiston has the right to submit a single or denounce directly with the agency, the individual has jurisdiction under the regulation at Articles 39, 40, 41, and 42 This Protocol to the conduct of violation of law in the field of labor, vocational training, activities for Vietnamese workers. We're going to work overseas under contract.

2. The accuser and other obligations of the whistled are executed as prescribed in Article 9 of the Law of Prosecution and the provisions of the relevant law.

What? 37. The right and duty of the accused.

The rights and obligations of the accused are executed by regulation at Article 10 of the Law of Prosecution and the provisions of the relevant law.

What? 38. Rights and obligations of the whistled settlement

The rights and obligations of the whistled settlement are made in accordance with the regulation at Article 11 of the Law of Prosecution and the provisions of the relevant law.

Section 2: JURISDICTION RESOLUTION

What? 39. Authority of the Chief Inspector of the Department of Labor and Social Affairs

Chief Inspector of the Department of Labor-Trade and Social Affairs denounced the violation of labor laws, vocational training, activities that brought Vietnamese workers to work abroad under contract under the management of the Department of Labor and Social Services. Yeah.

What? 40. Authority of the Director of the Bureau of Foreign Affairs Management

The Bureau of Labor Administration of Foreign Affairs resolved to denounce violations of the law on the operation of Vietnamese workers to work abroad under contract to the state department of the Ministry of Labor-Trade and Social Affairs.

What? 41. The Attorney General of the General Staff

The Chief Directorate of the General Directorate of the General Directorate of the General Directorate of the Department of Infringement of the Law on Vocational Law of the State Department of the Ministry of Labor-Trade and Social Affairs.

What? 42. Authority of the Chief Inspector of the Ministry of Labour-Trade and Social Affairs

Chief Inspector of the Ministry of Labor-Trade and Social Affairs addressing violations of the violation of the law in the field of labor, vocational training, activities bringing Vietnamese workers to work abroad under contracts within the state department of the Department of Labor ' s state of Labor. -Trade and Social.

What? 43. Decline to resolve the report.

The report has a content relating to the state management function of many agencies; the report has the content of the jurisdiction of many agencies; the criminal behavior of the law, which has a criminal signature, is carried out in accordance with the provisions at Clause 2 and Clause 3 Articles. 31 of the Code.

Section 3: SEQUENCE, PROCEDURE RESOLUTION PROCEDURE

What? 44. sequence, procedure resolution procedure

1. The procedure, procedure of reception, classification, verification, conclusion of the denouncing content, determines the handling of the violation of law violations in the field of labor, vocational training, activities that bring Vietnam workers to work abroad under the real contract. currently regulations at Articles 18, 19, 20, 21, 22, 24, 25, 26, 27, 28, 29, 29, and 30 of the Proposition Act, minus the specified case at Clause 2 This.

2. Presentation, procedure, procedure of solving explicit content, specific evidence, has the basis for processing immediately following regulation at Article 33 of the Prosecution Law.

3. The case of concluding a person accused of committing acts of administrative violation in the field of labor, vocational training, activities bringing Vietnamese workers to work overseas under contract, the handling of that administrative violation must comply with the law of law. The administrative breach.

4. The report resolution is set to be established in accordance with Article 29 of the Prosecution Law.

Chapter IV

EXECUTION CLAUSE

What? 45.

1. This decree has been in effect since 1 February 2015.

2. Decree 04 /2005/ND-CP January 11, 2005, the government regulates and instructs certain provisions of the Labor Code of the complaint, denouncing the labor force running out of action since the date of the decree taking effect.

What? 46. Execs

The Ministers, the Prime Minister, the Head of the Government, the Chairman of the Government, the Chairman of the Provincial People's Committee, the Central Committee of the Central Committee, the relevant agencies, organizations and individuals responsible for the implementation of this decree.

Minister of Labor-Trade and Social Affairs within the functional range, its mandate is responsible for the implementation of this decree.