Some things to note when choosing a method of resolving labor disputes with foreign elements through Vietnamese Courts

1. Mediation before court settlement

The first, in principle, labor dispute must be resolved through the conciliation procedure of the labor conciliator before requesting the Court to resolve, except for the following: labor dispute The following is not required to go through the conciliation procedure:

• Regarding labor discipline in the form of dismissal or cases of unilateral termination of labor contracts;
• Regarding compensation and benefits when terminating the labor contract;
• Between domestic workers and employers;
• About social insurance according to the provisions of the law on social insurance, about health insurance according to the provisions of the law on health insurance, about unemployment insurance according to the provisions of the law on employment, about Insurance for labor accidents and occupational diseases according to the provisions of law on occupational safety and hygiene;
• Regarding compensation for damages between workers and businesses and organizations sending workers to work abroad under contracts; and
• Between the sub-hired employee and the sub-hiring employer.

Monday,  In case the conciliation time limit as prescribed by law expires and the labor conciliator does not conduct conciliation or conciliation fails or one of the parties does not implement the dispute resolution decision of the Labor Arbitration Board, the disputing parties have the right to request the Court to resolve the dispute..

2. Processing order and procedures Labor disputes involving foreign elements at Court

        According to the provisions of the 2015 Civil Procedure Code, the order and procedures for settlement Labor disputes involving foreign elements in Court include:

       Step 1: Submit a lawsuit to the competent Court

The plaintiff sends the lawsuit petition along with the documents and evidence he currently has to the competent Court to resolve the case.

Note: These labor dispute but have litigants or assets abroad or need to make judicial entrustment to representative agencies of the Socialist Republic of Vietnam abroad, to foreign courts or competent agencies that are not under their jurisdiction. jurisdiction of the District People's Court.

Step 2: The court receives and accepts the petition

Within 03 working days from the date of receiving the petition, the Chief Justice of the Court assigns a Judge to consider the petition..

Within 05 working days from the date of assignment, the Judge reviews the petition and carries out procedures for accepting the case according to the provisions of law..

Note: The judge accepts the case when the plaintiff submits to the Court a receipt for the advance payment of court fees. In case the plaintiff is exempted or does not have to pay court fee advances, the Judge will accept the case upon receipt of the lawsuit petition and accompanying documents and evidence..

Step 3: Mediation procedures and trial preparation

The judge opened a meeting to check the handover, access, disclosure of evidence and mediation between litigants.

For civil cases that are not conciliated or conciliation is not conducted as prescribed in Articles 206 and 207 of the 2015 Civil Procedure Code, the Judge will conduct a meeting to check the handover, access, and justice. Declare evidence without conducting mediation.

Step 4: First instance trial

Within 01 month from the date of the decision to bring the case to trial, the Court must open a trial; In case there is a legitimate reason, this time limit is 02 months.