IR Project

Workshop in Southern Viet Nam on international experience in establishing labour dispute settlement mechanism and consulting on labour court proceedings provisions in the draft bill of Civil Proceedings Code (Revised), Ho Chi Minh city – 10 Sept 2015

Background

The ILO (through ILO-Vietnam Industrial Relations Project) provided support for Legal Department, MoLISA to conduct an Orientation Workshop on Labour Court Proceedings in the to-be-revised Civil Proceedings Code in February 2015. Based on comments collected from this workshop, MoLISA has sent its official statements to Editing Unit (Supreme People’s Court), suggesting that a separate chapter on labour court proceedings should be developed in the Revised Code. According to MoLISA, the chapter should include specific provisions such as:
  • Provision on competence of Court in resolving labour disputes;
  • Provision on providing evidences and the burden of proof;
  • Provision on members of Jury in resolving labour cases;
  • Provision on trade union’s role in the procedures;
  • Provision on mediation and conciliation in labour court proceedings;
  • Application of abridged procedures for labour disputes.
Viet Nam General Confederation of Labour (VGCL) shared the view that there should be a separate chapter on labour code proceedings. Thus, a draft chapter was prepared by VGCL and discussed at a workshop organized in June with participation from the Supreme People’s Court, Justice Committee and Social Affairs Committee of National Assembly (NA). It is planned that the revised Civil Proceedings Code will be discussed at the NA hearings in May-June and August-September 2015 sessions before finalization and adoption in October 2015.

In July 2015, the ILO organized technical meetings for MoLISA, VGCL, Supreme People’s Court and Social Affairs Committee, NA to address concerns and comments of various related stakeholders in Viet Nam on labour proceedings issues. To follow up the discussion, Social Affairs Committee, NA requested the ILO’s support for one workshop on international experience in establishing labour dispute settlement mechanism and consulting on labour court proceedings provisions in the draft bill of Civil Proceedings Code (Revised).

Within this context, the ILO will continue to provide support for Social Affairs Committee to organize the workshop to learn about international experiences on labour dispute settlement including labour court proceedings.

Objective of the workshop

Overall objective of the workshop is to reconcile different views among drafting team, agencies in charge of appraising the draft law and other stakeholders and discuss specific features of labour dispute cases.

Key issues to be discussed at the workshop:
  • Incorporating and revising labour court proceedings in the draft bill of Civil Proceedings Code (revised) after NA’s 9th Hearing Session;
  • Australian model of labour dispute settlement and labour proceedings; suggestions for drafting the labour court proceedings provisions in Civil Proceedings Code of Vietnam Difficulties in revising Civil Proceedings Code on contents related to particular procedures for labour disputes settlement;
  • Position on finalizing the labour dispute settlement system from the perspective of international conventions of ILO (focusing on Convention 87, 98 and 144) and international integration (and suggestions for developing labour proceedings in Vietnam Civil Proceedings Code);
  • Comments and inputs for labour proceedings contents in Civil Proceedings Code (revised) and role of trade union in protecting workers’ rights and interests in labour disputes at enterprises;
  • Comments and inputs for labour proceedings contents in Civil Proceedings Code (revised) and role of employers’ organizations in protecting employers’ rights and interests in labour dispute cases;

Expected results of the workshop

  • Drafting team, agencies in charge of appraising the draft law, technical committees of NA and other stakeholders have more information and understanding about specific features of labour dispute cases and requirements for more effective labour court proceedings;
  • National Assembly will be able to finalize provisions regulating labour court proceedings in the civil proceeding code.