What is the the template of the Collective Labor Agreement in 2025 in Vietnam?
What is the the template of the Collective Labor Agreement in 2025 in Vietnam?
According to Clause 1, Article 75 of the Labor Code 2019, a collective labor agreement is defined as an agreement reached through collective bargaining and signed by the parties in writing.
Below is the legal Collective Labor Agreement Form for 2025:
Download the legal Collective Labor Agreement Form for 2025
What is the the template of the Collective Labor Agreement in 2025 in Vietnam? (Image from the Internet)
When is the entire collective labor agreement in Vietnam invalid?
Pursuant to Article 86 of the Labor Code 2019, a collective labor agreement is declared invalid in following cases:
Article 86. Invalidity of a collective labor agreement
- A collective labor agreement is partially invalid when one or several contents of the agreement violate the law.
- A collective labor agreement is entirely invalid under one of the following cases:
a) The entire content of the collective labor agreement violates the law;
b) The signatory is not the authorized person;
c) The collective bargaining and signing process was not followed correctly.
A collective labor agreement is rendered invalid in the following cases:
- The entire content of the collective labor agreement violates the law
- The signatory is not the authorized person
- The collective bargaining and signing process was not followed correctly
What are the fines for implementing the invalid content of a collective labor agreement in Vietnam?
Based on Article 16 of Decree 12/2022/ND-CP regulating violations concerning collective bargaining, collective labor agreements:
Article 16. Violations concerning collective bargaining, collective labor agreements
- A fine ranging from 1,000,000 VND to 3,000,000 VND for the employer who commits one of the following acts:
a) Failing to send the collective labor agreement to the specialized labor agency under the Provincial People's Committee where the headquarters is located, as prescribed;
b) Failing to bear the costs of bargaining; signing; amending, supplementing; sending; publishing the collective labor agreement;
c) Providing information not within the prescribed period or providing misleading information about: the business production situation; other content directly related to the content being bargained when employee representatives request for collective bargaining;
d) Not publishing the collective labor agreement that has been signed to inform employees.
- A fine ranging from 3,000,000 VND to 5,000,000 VND for the employer who commits one of the following acts:
a) Failing to provide information about: the business production situation; other content directly related to the content being bargained when employee representatives request for collective bargaining;
b) Failing to arrange time, venue, or necessary conditions to organize collective bargaining sessions.
- A fine ranging from 10,000,000 VND to 15,000,000 VND for the employer who engages in one of the following acts:
a) Refusing to negotiate collectively upon receiving a negotiation request from the requesting party;
b) Implementing the content of a collective labor agreement that has been declared invalid;
c) Causing difficulties, interrupting, or interfering with the process whereby employee representatives discuss and collect opinions from employees.
Pursuant to Article 6 of Decree 12/2022/ND-CP on the monetary penalty levels, authority for penalization, and application principle for frequent administrative violations:
Article 6. Monetary penalties, authority for penalization, and application principle for frequent administrative violations
- The monetary penalty specified for violations noted in Chapters II, III, and IV of this Decree applies to individuals, except as provided under Clause 1, 2, 3, 5 of Article 7; Clause 3, 4, 6 of Article 13; Clause 2 of Article 25; Clause 1 of Article 26; Clause 1, 5, 6, 7 of Article 27; Clause 8 of Article 39; Clause 5 of Article 41; Clause 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 of Article 42; Clause 1, 2, 3, 4, 5, 6, 7, 8 of Article 43; Clause 1, 2, 3, 4, 5, 6 of Article 45; Clause 3 of Article 46 of this Decree. The monetary penalty for organizations is double the monetary penalty for individuals.
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According to the above regulations, executing the contents of a collective labor agreement declared invalid can be fined between 10,000,000 VND and 15,000,000 VND.
Note: The above penalty applies to individuals. When an organization commits the same violation, the penalty fine for the organization is double that for individuals.
