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The disciplinary process in Vietnam is a series of steps that the employer must follow when addressing an employee’s violation to ensure fairness, reasonableness, and compliance with Vietnamese law.
Disciplinary Process in Vietnam
According to the 2019 Labor Code and its guiding documents, the disciplinary process includes the following key steps:
1. Recording Violations and Collecting Evidence
When the employer discovers that the employee has committed a disciplinary violation at the time it occurs, the first step is to document the violation. This record must be created immediately and should include detailed information about the violation, time, location, and any witnesses, if available. The violation report is an important document in the disciplinary dossier, serving as the basis for the next steps in the process. It must be clear, accurate, and complete to avoid unnecessary disputes later on.
If the employer discovers the violation after it has occurred, the next step is to collect evidence to prove the employee’s misconduct. This can include gathering documents, videos, images, or obtaining testimonies from relevant witnesses.
Evidence collection is essential to ensure that the disciplinary decision is made on a solid and fair basis. The evidence must be gathered legally, without violating the employee’s privacy rights, and in compliance with relevant legal regulations.
2. Notification to the Employee Representative Organization and Legal Representative of Employees Under 15 Years Old
After documenting the violation, the employer must notify the employee’s representative organization at the workplace if the employee is a member (if applicable). This step is essential to ensure transparency and protect the employee’s rights.
For employees under 15 years old, the notification must also be sent to their legal representative. This is particularly important to protect the rights of minors, ensuring they receive support and representation during the disciplinary process.
3. Notice of the Disciplinary Meeting
At least 5 working days before the disciplinary meeting, the employer must send a notice to the required participants. The notice should include key details such as the time, location, name of the employee being disciplined, the violation in question, and other relevant information about the meeting.
Upon receiving the notice, the participants must confirm their attendance with the employer. If any participant cannot attend the meeting at the specified time or location, the employer and employee must agree on a new time or location. If an agreement cannot be reached, the employer has the right to decide the time and location of the meeting.
4. Conducting the Disciplinary Meeting
The employer conducts the disciplinary meeting at the scheduled time and location as previously notified. If one of the required participants does not confirm their attendance or is absent, the employer may still proceed with the meeting as planned. However, this absence must be clearly recorded in the meeting minutes and does not affect the validity of the disciplinary decision as long as all the prior notification steps were followed.
The content of the disciplinary meeting must be recorded in detail in the meeting minutes. This document is crucial, as it captures the entire process of the meeting, the opinions and explanations of the participants, and the final decisions regarding the disciplinary action against the employee. The minutes must be finalized before the meeting ends and must include the signatures of all participants.
5. Issuance of the Disciplinary Decision
The disciplinary decision must be issued within the statute of limitations for disciplinary action. This means that if the disciplinary decision is not issued within the legal timeframe, the disciplinary action will be considered unlawful and may be declared void.
Only the person authorized to handle labor discipline has the right to issue the disciplinary decision. This individual is typically the legal representative of the employer or a legally authorized delegate.
6. Sending the Disciplinary Decision
Once issued, the disciplinary decision must be sent to all participants of the meeting. This ensures that all relevant parties are fully informed of the decision that has been made.
Participants in the Disciplinary Meeting
During the disciplinary process, the participants in the disciplinary meeting play an important role in ensuring transparency, fairness, and compliance with the law.
1. Employer or Legal Representative of the Employer
This person organizes the disciplinary meeting and represents the interests of the company. They are responsible for conducting the meeting, presenting the employee’s violations, and ultimately making the disciplinary decision based on the meeting’s outcome.
2. Employee Subject to Disciplinary Action
The employee is required to attend the meeting to hear the accusations, explain their actions, and defend their rights. They have the right to defend themselves or seek legal representation.
3. Employee Representative Organization at the Workplace (if applicable)
This organization plays a role in protecting the employee’s rights during the disciplinary process. Its participation is mandatory in the disciplinary meeting to ensure fairness and transparency.
4. Legal Representative of the Employee (for employees under 15 years old)
If the employee facing disciplinary action is under 15 years old, their legal representative (typically a parent or guardian) must attend the meeting to protect the employee’s rights.
5. Witnesses or Related Parties (if applicable)
In some cases, witnesses or individuals involved in the incident may be invited to the meeting to provide information or evidence to clarify the employee’s violation.
6. Lawyer (if requested by the employee)
The employee has the right to request a lawyer to attend the meeting for legal advice and to protect their rights. The lawyer can provide legal arguments to defend the employee against the disciplinary accusations.
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Address: 38B Tran Nhat Duat, Phuoc Hoa ward, Nha Trang city, Khanh Hoa province, Vietnam.
Phone: (+84) 343320223 – 974278893
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