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THE
GOVERNMENT
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THE
SOCIALIST REPUBLIC OF VIETNAM
Independence– Freedom – Happiness
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No.:
04/2005/ND-CP
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Hanoi,
January 11, 2005
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DECREE
OF THE GOVERNMENT NO.04/2005/ND-CP OF JANUARY 11, 2005
DETAILING AND GUIDING THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE LABOR
CODE REGARDING COMPLAINTS, DENUNCIATIONS ON LABOR
THE GOVERNMENT
Pursuant to the Law on
Governmental Organization dated December 25, 2001;
Pursuant to the Labor Code dated
June 23, 1994, the Law amending and supplementing some Articles of the Labor
Code dated April 02, 2002;
At the request of the
Minister of Labour - Invalids and Social Affairs,
DECREE:
Chapter 1:
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Article 1.
Scope of governing
This Decree provides for
complaints, denunciations and the settlement of complaints and denunciations on
labor.
Article 2.
Subjects of application
This Decree shall apply to
employees, labor collectives and employers including:
1. Employees, labor collectives
working in the following organizations:
a) Enterprises established and
operating under the Law on State-owned Enterprises;
b) Enterprises established and
operating under the Enterprise Law;
c) Enterprises established and
operating under the Law on Foreign Investment in Vietnam;
d) Enterprises of political
organizations, social - political organizations;
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e) State agencies,
administrative units, political organizations, social - political organizations,
professional - social - political organizations, social-professional
organizations, other social organizations;
g) Units, the economic
organizations of the People's Army force, the People's Public Security;
h) Agencies and organizations
that have signed labor contracts with employees to send abroad for training,
professional development, skill improvement;
i) Farms, individuals and
households using employees;
k) Semi-public establishments or
people founded, private establishments of sectors of culture, health,
education, training, science, physical education, sports, and other sectors;
l) The foreign agencies,
organizations or individuals or international organizations based in Vietnam
using employees under the labor law of Vietnam, except for international
agreements which the Socialist Republic of Vietnam has signed or acceded to
otherwise provided for.
2. The employers shall include:
a) General Directors, Directors
of State-owned enterprises, private enterprises, joint stock companies, limited
liability companies, partnerships;
b) Chairmen of the cooperatives,
individuals, householders hiring employees;
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d) The heads of units, economic
organizations of the People's Army forces, the People's Public Security using the
employees under labor contracts;
đ) The General Directors,
Directors of enterprises with foreign-owned capital operating under the Law on
Foreign Investment in Vietnam, foreign agencies, organizations, individuals or
international organizations based in Vietnam using laborers under labor
contracts;
e) Directors of companies, heads
of Vietnamese agencies, organizations and individuals based in Vietnam using
foreign laborers.
3. In the case international
treaties which the Socialist Republic of Vietnam has signed or acceded to
otherwise provide for herein shall apply the provisions of such international
treaties.
Article 3.
Subjects of not applying
1. This Decree shall not apply
to the following subjects:
a) Officials and civil servants
under the Ordinance on Officials and Civil Servants;
b) The cooperative members of
cooperatives under the Cooperatives Law;
c) The officers, noncommissioned
officers, soldiers, professional soldiers and officers of the People's Army
forces and the People's Public Security forces;
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2. This Decree shall not apply
to the following cases:
a) Lodging complaints and
denunciations on the decisions, acts not of labor relations;
b) Lawsuits under the provisions
of the Code of Civil Procedure on the procedure for resolving labor disputes.
Article 4.
Interpretation of terms
In this Decree, the following
terms shall be construed as follows:
1. "Complaint" means
the employees, the labor collectives request the competent individuals,
authorities to reconsider the decision, the behavior of the employers when
having evidence that those decisions or acts commit violation of labor law, and
infringement of their legitimate rights and interests.
2 "Denounce" means the
workers, the labor collectives to inform the individuals, the competent
authorities on the decisions, violations of labor laws of employers who cause
damage or threat to cause damage to the interests of the State, legitimate
rights and interests of laborers and labor collectives.
3. "Complainants" mean
laborers, labor collectives to exercise the complaints.
4. "Complained
persons" mean the employers who make the decisions, the acts to be
complained.
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6. "Denounced persons"
mean the employers who make the decisions, the acts to be denounced.
7. "The complaint
settlers" mean the agencies or individuals who are competent to settle
complaints.
8. "The denunciation
settlers" mean agencies and individuals who are competent to settle
denunciations.
9. "Settlement of
complaints" means the verification, conclusions, and decision making of
settlement of agencies, the persons who are competent to settle complaints.
10. "Settlement of
denunciations" means the verification, conclusions on contents of the
denunciations and handling decisions of agencies and persons who are competent
to settle denunciations.
11. "The effective
decisions of complaints settlement" include: decisions on the first
settlement of complaint or decisions on the settlement of complaint for the
following time within the time limit prescribed by law, the complainants did
not continue to complain; decisions on the final settlement of complaint.
12. "Chief Inspector of the
Department" means the chief inspector of the Department of Labour -
Invalids and Social Affairs.
13. "Chief Inspector of the
Ministry" means the Chief Inspector of the Ministry of Labour - Invalids
and Social Affairs.
14. "The decision on
labor" means a written decision of the employers applied for laborers,
labor collectives in the labor relations and social relations that are directly
related to labor relations.
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16. Date that is calculated to
determine the prescription for lodging and settling complaints and
denunciations is the working day of state administrative agencies or
individuals who are entitled to receive complaints and denunciations.
Article 5. Principles
for settling complaints and denunciations
1. Objective, honest, and
lawful.
2. Promptly, quickly and
publicly.
3. Proper authority, order,
procedures, and time limits as prescribed by law.
Chapter 2:
COMPLAINTS SETTLEMENT
SECTION 1:
RIGHTS AND OBLIGATIONS OF THE COMPLAINANTS, THE COMPLAINED PERSONS
Article 6.
Rights and obligations of the complainants
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a) To take the right of
complaint by themselves or through their legal representatives;
b) The complainants do not agree
with the decisions on the first settlement of complaint of employers and labor
inspectors upon inspections, they may complaint to the chief inspector of the
Department; and if the complainants and the complained persons disagree with
the settlement decisions of the Chief Inspector of the Department, they may
continue to complaint to the Chief Inspector of the Ministry;
c) To be restored the rights and
legal interests that have been infringed, to be paid compensation for damages
under complaint settlement decisions;
d) To withdraw their complaints
at any stage of the settlement process.
2. The complainants have the
following obligations:
a) To send the written
complaints to the right persons who are competence;
b) The written complaints must
be clearly stated the reason, the contents of complaints, presented honestly on
the matter; to supply information, documents and evidence required (if any); to
take responsibility before law for the contents of the complaint and
information, documents and evidence provided;
c) To comply strictly with the
complaint settlement decisions that took effect.
Article 7.
Rights and obligations of the complained persons
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a) To provide evidence on the
legality of the decisions of labor, labor acts to be complained;
b) To be received the complaint
settlement decisions of the next complaint settlers for the complaints that
they have been settled but the complainants continue to complain.
2. The employers to be
complained have the following obligations:
a) To receive and resolve
complaints of labor for the first time;
b) To take responsibility for
inspecting and reviewing the decision of labor, labor acts to be complained; if
found that they are unlawful, promptly repair and restore the legitimate rights
and interests of laborers;
c) To explain on the decisions
of labor, the labor acts to be complained, to supply information, documents,
and concerned evidence at request of the competent agencies;
d) To strictly abide by the
complaints settlement decisions on labor took effect;
đ) To pay compensation for damage
and overcome the consequences caused by decisions, acts contrary to labor
legislation in accordance with the law provisions.
SECTION 2: COMPETENCE OF COMPLAINTS SETTLEMENT
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1. The employers are responsible
for settling the first complaint of laborers, the labor collectives.
2. When conducting the
inspections, labor inspectors have the right to receive and resolve complaints
in accordance with labor laws.
3. Chief Inspector of the
Department has jurisdiction over labor complaints that employers or labor
inspectors have settled but also be appealed.
4. Chief Inspector of the
Ministry has jurisdiction over labor complaints that Chief Inspector of the
Department has settled but also be appealed. Settlement decisions of the Chief
Inspector of Ministry are the final decisions on resolution.
Article 9.
Prescription for complaint
Prescription for complaint is 90
days from the date the complainant receives the decision on labor or knows the
labor act.
In case of sickness or natural
disasters, enemy-iflited devastation, working, studying in the far places or
because of other the objective obstacles which the complainants cannot make the
right to appeal in accordance with the prescription, the obstructed time is not
included in the time for complaint.
Article 10.
The right to choose the complaints settlers
If employees, labor collectives
do not lodge lawsuit at the competent court shall have the right to appeal
under the provisions of this Decree.
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Article 11.
The complaints to be refused to receive for settlement
1. Contents of decisions, acts
of the complained persons are not subject to the governing scope of labor law
and not directly related to the legitimate rights and interests of the
complainants.
2. The complainant does not have
adequate civil act capacity without legal representative.
3. The representative of the
complainant is illegal.
4. The prescription for
complaint, time limit for the next complaint has expired.
5. It has the decision on final
settlement of complaint.
6. The complaint has been or is
accepted for settlement by the People's Court or had effective judgment or
decision of the Court.
Article 12.
Complaint procedures
1. The complainant must send
written complaint specifying the date, month, year of complaint, full name,
address, reason, the content of the complaint; name and address of the
organization or individual employing laborers to be complained; the
complainant's request. The written complaint must be signed by the complainant.
The written complaints must be sent to agencies, organizations, and individuals
who have jurisdiction to settle.
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3. Where the complaints are made
through the representatives, the representatives must have papers to prove
their legal rights of representation and the complaints should comply with the
procedures specified in clause 1 and clause 2 of this Article.
Article 13.
Acceptance for complaints settlement
1. When those who are competent
to settle complaints receive the written complaints under the jurisdiction must
accept them for settlement. If the written complaints are not under their
jurisdiction, shall notify and guide the complainants to send to the competent
persons, at the same time, attach documents, documents related to the contents
of the complaints (if any). The notification is only made once for a complaint
case.
2. For the application that have
complaint content and also have content of denunciation, the competent persons
shall settle complaint content, and transfer the content of denunciation to
those who are competent to settle denunciations as prescribed in Article 26 of
this Decree.
3. When conducting inspections,
if the employees or labor collectives complaint on the decision of labor, labor
acts, labor inspectors shall settle as follows:
a) If the applications have been
firstly settled by employers, guide the employees, labor collectives to send
written complaints to the chief inspector of the Department;
b) If the written complaints are
first received, then process them for settlement.
Article 14.
Time limit, the order of the first complaint settlement
1. Laborers, labor collectives
complain for the first time on the decision of labor, labor act of the
employers, the employers, or labor inspectors upon conducting inspections
(hereinafter referred to as the first complaint settler) must receive and
settle according to the following order:
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b) Time limit for settling
complaints is not later than 30 days from the date of acceptance for
settlement; for the complicated cases, the time limit for settling complaints
may be extended but must not exceed 45 days from the date of acceptance for
settlement;
c) The first complaint settler
must meet and dialogue directly with the complainants; for the labor
collective’s complaints, it must have the participation of grassroots trade
union representative, for those where there is no grassroots trade union, there
must be the employees’ representative (high-level trade union) with the
participation of labor mediator or other mass organization. The settlement of
complaints of first complaint settler must be made by decisions to settle the
complaint.
2. Decision to settle the first
complaints must contain the following contents:
a) The date, month, year of
issuance;
b) Names and addresses of the
employee, the employer;
c) The complaint content is
true, partially true, or totally untrue;
d) Legal bases for settling
complaint;
đ) To retain, modify or cancel
all or part of the decision, to terminate the complained acts; solve specific
problems in the content of the complaint;
e) The compensation to aggrieved
persons (if any);
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Decisions on complaints
settlement of the first complaint settlers must be sent to the complainants,
complained persons (if the first complaint settlers are the labor inspectors
when conducting inspections), the chief inspector of the Department, the Labor
Federation of provinces, centrally-run cities, concerned units, organizations
and individuals.
Article 15.
Time limit, the order for settling subsequent complaints
1. Within 30 days after the
expiry date of the first settlement that the complaints have not been resolved,
the complainant may file a written complaint to the Chief Inspector of the
Department.
2. Within 30 days from the date
of receipt of the decision of the first complaint settlement that the
complainants do not agree, they may send written complaints to the Chief
Inspector of the Department.
3. Within 10 days from the date
of receipt of the written complaint for the first complaint settlement decision,
the complaint settlers for the subsequent time must accept and notify the
complainants in writing.
4. The time limit for settling
the subsequent complaints does not exceed 45 days from the date of acceptance,
for complicated cases, it shall also not exceed 60 days.
5. Within 30 days from the date
of receipt of the complaint settlement decision of the Chief Inspector of the
Department that the complainants, complained persons disagree, they may
continue to appeal to the Chief Inspector of the Ministry.
Article 16.
Requirements of temporary suspension of the execution of decisions and acts of
the employers
During the settlement of
complaints, if considering that the decisions, acts complained of employers
that can cause damage to life and health of employees or cause serious harm to
the state interests, Chief Inspector of the Department may request the
employers to temporarily suspend the execution of the decisions, acts until the
decision of the competent agencies.
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1. In the process of settling
complaints, Chief Inspector may:
a) Meet, directly dialogue with
the complainants and complained persons to clarify the contents of the
complaints, the complainants’ requests and settlement direction;
b) Require the complainants to
provide information, documents, and other evidence of contents of the
complaints;
c) Require the complained
persons to make written explanations of the contents complained;
d) To convene the complainants,
the complained persons to hold direct dialogue;
đ) Verify on the spot;
e) Request expertise, conduct
other measures as prescribed by law.
2. When individuals, agencies,
and organizations receive the requirement of the chief inspector of the
Department as prescribed in Clause 1 of this Article shall comply with the
requirement.
Article 18.
The decision of subsequent complaints settlement
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a) The date, month, year of
issuance;
b) Names and addresses of the
complainant, the complained person;
c) Contents of complaint;
d) Results of examination and
verification;
đ) Legal bases for settling
complaint;
e) Conclusion on the contents of
the complaint and the resolution of previous complaints;
g) To retain, modify, cancel or
request modification or cancellation of part or all of the decision and to
terminate complained act; solve specific problems in the content of the
complaint;
h) The damage compensation (if
any);
i) The right of subsequent
complaint of the complainant, the complained person.
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Article 19.
Dossiers of complaints settlement
1. The settlement of the
complaint must be made in the dossier. Dossier of complaint settlement
includes:
a) A written complaint or a
record of complaint;
b) Minutes of the examination,
verification and conclusion, the results of appraisal;
c) Other relevant documents;
d) The decision to settle
complaint.
2. Dossier of complaint
settlement must be numbered page in the order of documents and stored as
prescribed by law. Where the complaints continue to complain, the dossier must
be transferred to the competent authorities for subsequent settlement upon
request.
SECTION 4:
REVIEW OF DECISION OF FINAL SETTLEMENT OF COMPLAINTS OF VIOLATIONS OF LAW
Article 20.
Bases for review of the decision of final settlement of complaint
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a) The discovery of new facts
change the basic content of the decision of final settlement of complaint;
b) The contents of the decision
of final settlement of complaint are not consistent with the objective facts of
the complaint;
c) There are serious violations
of order and procedures as verification, conclusion and making the decision of
final settlement of complaint causing damage to the interests of the State,
legitimate rights and interests of the parties in the labor relations;
d) There are serious mistakes in
applying the law.
2. Prescription for reviewing
the decision of final settlement of complaint is 24 months from the effective date
of that decision.
Article 21.
Persons who are competent to review the decision of final settlement of
complaint
1. Chief Inspector of the
Ministry upon detection of one of the bases specified in Article 20 of this
Decree shall review the decision of final settlement of complaint.
2. Minister of Labour - Invalids
and Social Affairs, upon detection of one of the grounds specified in Article
20 of this Decree shall require the Chief Inspector of the Ministry to review
the decision of final settlement of complaint.
3. When reviewing the decision
of final settlement of complaint, the competent persons shall maintain, amend,
or cancel the decision of settlement.
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Article 22.
Enforcement of effective decision of complaint settlement
1. When the decision of
complaint settlement takes effect, employers, employees, labor collectives,
concerned agencies, and individuals must strictly observe.
2. Where the complaint is
correct, the complained person is responsible for organizing the execution of
the decision of complaint settlement; termination of complained acts; to modify
or cancel the decision to be complained, publicly apologize, restore honor and
all material benefits to employees.
3. Where the complaint is not
correct, the complaint settler explains, require the complainant to abide by
the decision of complaint settlement; in case of necessity, the complaint
settler may require labor inspector to take measures within their jurisdiction
to ensure the strict execution of the effective decision of complaint
settlement.
Article 23.
Inspection of the execution of the decision of complaint settlement
Chief Inspector of the
Department and Chief Inspector of the Ministry shall inspect the execution of
the effective decision of complaint settlement.
Chapter 3:
SETTLEMENT OF
DENUNCIATIONS
SECTION 1:
RIGHTS AND OBLIGATIONS OF DENOUNCERS, THE DENOUNCED PERSONS
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1. The denouncers have the
following rights:
a) To send written denunciation
or directly to denounce to the chief inspector of the Department or labor
inspectors when conducting inspections on the violations of labor legislation
of the employer;
b) The denouncers disagreeing
with the conclusion of settlement of labor inspectors, chief inspector of the
Department shall have the right to denounce to the Chief Inspector of the
Ministry;
c) To request to be kept
confidentiality, name, address, their autograph;
d) To request to be informed the
denunciation settlement results;
đ) To request the competent
agencies to protect when threatened, retaliated, revenged.
2. The denouncers have the
following obligations:
a) To clearly state their full
names, addresses or of representatives of the labor collectives;
b) To honestly present, provide
the documents and evidence related to the denunciation contents;
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Article 25.
Rights and obligations of denounced persons
1. The denounced persons have the
following rights:
a) To be informed of the
contents to be denounced;
b) To provide evidence to prove
that the denunciation contents are not true;
c) To be restored the legitimate
rights and interests that have been infringed, be restored honor, to be compensated
for damage caused by improper denunciation as prescribed by law;
d) To request the competent
authorities to handle the persons who made false denunciation.
2. The denounced persons have
the following obligations:
a) To explain of contents to be
denounced; to supply information, documents and evidence relevant to the
contents to be denounced upon request of the competent authorities;
b) To strictly abide by the
handling decisions of the competent agencies;
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SECTION 1:
COMPETENCE OF DENUNCIATION SETTLEMENT
Article 26.
Competent to settle denunciations
1. Chief inspector of the
Department, labor inspectors when conducting inspections are competent to
settle denunciations.
2. Chief Inspector of the
Ministry is competent to conclude, settle finally on the conclusion of the
denunciation settlement of the chief inspector of the Department or of Labor
inspectors when conducting inspections.
SECTION 2:
DENUNCIATIONS SETTLEMENT PROCEDURES
Article 27.
The procedures of denunciations
The denouncer must submit the
written denunciation to the chief inspector of the Department or labor
inspector when conducting inspections at the enterprises. In the written
denunciation must be clearly stated the full name and address of the denouncer
or representative of labor collective that sent the written denunciation;
content of denunciation. Where the denouncer presented directly, the labor
inspectors or officials of the Department of Labour - Invalids and Social
Affairs are responsible for recording the content of denunciation, the full
name, and address of the denouncer; with signature of the denouncer for
reporting to Chief Inspector of the Department for consideration and
settlement.
Article 28.
Handling of written denunciation
1. State agencies receiving
written denunciation are responsible for classifying and handling as follows:
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b) If the denunciation is not
under the settlement jurisdiction, at least within 10 days from the date of
receipt, it must transfer the written denunciation or record of denunciation words
and concerned documents, evidence (if any) to Chief Inspector of the
Department, where the head office of the employer who is accused locates;
c) If the acts to be denounced
have criminal signs, they shall be forwarded to the investigation agency, the
Procuracy for handling according to law provisions.
2. Where the denounced decisions
or acts of the employers can cause serious damage to state interests, life and
health of employees, the agencies receiving the written denunciation must
immediately notify the Chief Inspector of the Department where the decisions
were made, the acts of employers were denounced for taking the preventive
measures.
3. Where the chief inspector of
the Department or labor inspectors when conducting inspections receive information
that the denouncers are threatened, retaliated, revenged, they must take the
responsibility to direct, or coordinate with concerned function agencies to
clarify, take measures to protect the denouncers, prevent and request the
competent authorities to handle persons who commit acts of threatening,
retaliation, revenge to the denouncers.
Article 29.
The time limit for settlement of denunciations
Time limit for settlement of
labor denunciation shall not exceed 60 days from the date of acceptance for
settlement; for the complicated cases, the time limit for settlement may be
extended, but not exceeding 90 days from the date of acceptance for settlement.
Article 30.
Receipt of information and documents on denunciation
When directly receiving
information and documents supplied by the denouncers, the denounced persons,
agencies, organizations and individuals, the denunciation settlers must issue
receipts signed by the recipient and suppliers.
Article 31.
Assurance of the rights of denounced persons
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Article 32.
Evidence collection
The collection of documents and
evidence in the process of verification and denunciation settlement of labor
must be recorded in writing and saved into profile of denunciation settlement.
After the verification is completed, those who are assigned task of verification
must make written conclusions on the content of denunciations.
Article 33.
Handling of the denunciation content
Based on the results of
verification and conclusion on denunciation contents, chief inspector of the
Department, labor inspectors shall handle as follows:
1. Where the denounced person
does not violate labor laws, there must be clear conclusion and notified in
writing to the denouncer, the denounced person and concerned agencies,
organizations and individuals.
2. Where the denounced person
violate labor laws, it must send the written request to the denounced person
for complying with the provisions of labor law and depending on nature and
seriousness of the violation shall apply the forms of sanctions of
administrative violations or propose the competent agencies to handle in
accordance with the law provisions.
3. Where the behavior of the
denounced person has criminal signs, its dossier shall be transferred to the
investigation agency or the People's Procuracy to resolve under the provisions
of law.
4. Conclusion on denunciation
settlement shall be made in writing and be sent to the denouncer, the denounced
person, concerned agencies, organizations, and individuals.
Article 34.
Confidentiality and security assurance for the denounced person
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Article 35.
Dossier of denunciation settlement
The denunciation settlement must
be made into profile, including:
a) A written denunciation or
record of denunciation words;
b) Minutes of the verification,
appraisal results, documents, and evidence gathered during the settlement
process;
c) A written explanation of the
denouncer;
d) Conclusion on denunciation
contents; written proposal for handling measures;
đ) Other relevant documents;
e) The handling decision.
Chapter 4:
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Article 36.
Content of management of the settlement of complaints and denunciations
a) To promulgate legal documents
on the settlement of complaints and denunciations;
b) To educate, guide and
organize the implementation of the provisions of law on complaints and
denunciations;
c) To inspect and examine the
implementation of the provisions of law on complaints and denunciations;
d) To train and retrain cadres
and civil servants to be in charge of settling complaints and denunciations;
đ) To synthesize the situation
of complaints and denunciations and the settlement of complaints and
denunciations;
e) To sum up experience in the
settlement of complaints and denunciations.
Article 37.
Responsibilities of the Ministry of Labour - Invalids and Social Affairs
Ministry of Labour - Invalids
and Social Affairs is responsible before the Government for the implementation
of state management on the settlement of complaints and denunciations on labor
within the jurisdiction of the Government.
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REWARDS AND HANDLING OF
VIOLATIONS
Article 38.
Rewards
Agencies, organizations and
individuals that record achievements in resolving complaints and denunciations,
that have merit in the prevention of damage for the State, to protect the
lawful rights and benefits for employees shall be rewarded according to law
provisions.
Article 39.
Handling of violations
Those who have one of the
following acts shall, depending on the nature and seriousness of their
violations, be disciplined, administratively sanctioned or examined for penal
liability, if causing damage, must pay compensation for damage under the
provisions of law:
1. Agitating, forcing, seducing,
and bribing others for lodging false complaints and denunciation.
2. Taking advantage of the complaints
and denunciations to distort, slander, disturb public order, and cause damage
to the interests of agencies, organizations, and individuals.
3. Lodging false denunciations.
4. Intimidating, retaliating,
and hurting the complainants and denouncers, those who are responsible for
settling complaints and denunciations.
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6. Violating other provisions of
law on complaints and denunciations on labor.
Article 40.
Handling of violations of those who are responsible for settling complaints
and denunciations
If those who are responsible for
settling complaints and denunciations have one of the following acts shall,
depending on the nature and seriousness of their violations, be disciplined or
prosecuted for criminal liability, if causing damage, must pay compensation as
prescribed by law:
1. Being lack of responsibility
in the settlement of complaints and denunciations.
2. Causing troublesome,
harassment, obstruction for the implementation of the right to lodge complaints
and denunciations.
3. Deliberately delaying the
resolution of complaints and denunciations.
4. Falsifying records of the
cases during the settlement of complaints and denunciations.
5. Issuing decisions to settle
complaints and denunciations contrary to law.
6. Failing to promptly take the
necessary measures to stop the violations of law.
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8. Violating other provisions of
law on complaints and denunciations.
Chapter 6:
IMPLEMENTATION
PROVISIONS
Article 41.
Effect
1. This Decree takes effect 15
days after its publication in the Official Gazette. The previous regulations contrary
to this Decree are hereby annulled.
2. The complaints and
denunciations were accepted, are being considered and resolved before the
effective date of this Decree, shall continue to be settled in accordance with
the provisions of this Decree.
Article 42.
Responsibility for implementation
Minister of Labour - Invalids
and Social Affairs shall guide the implementation of this Decree.
The ministers, heads of
ministerial-level agencies, heads of governmental agencies, presidents of the
People’s Committees of provinces and cities directly under the Central
Government, employees, labor collectives and the employers shall implement this
Decree.
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Phan
Van Khai