Sample of collective bargaining agreements in Vietnam (updated in 2023)

Sample of collective bargaining agreements in Vietnam (updated in 2023) (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. What are collective bargaining agreements?

According to Article 75 of the Labor Code 2019, a collective bargaining agreement means an agreement that is reached through a collective bargaining and concluded in writing by the parties.

Collective bargaining agreements include enterprise-level collective bargaining agreements, sectoral collective bargaining agreements, multi-enterprise collective bargaining agreements and other types of collective bargaining agreements.

- The contents of a collective bargaining agreement must not be contrary to the law, and should provide for the terms and conditions that are more favorable to the employees than those provided by law.

2. Latest sample of collective bargaining agreements in Vietnam

Currently, Vietnamese law does not specify the form of collective bargaining agreements. However, you can refer to the following sample collective bargaining agreement:

Sample of collective bargaining agreements

3. Time limit for Sending the collective bargaining agreement in Vietnam

Article 77 of the Labor Code 2019, within 10 days from the day on which a collective bargaining agreement is concluded, the employer shall send 01 copy to the provincial labor authority in the same province where the enterprise is headquartered.

4. Effective date and effective period of collective bargaining agreements in Vietnam

Effective date and effective period of collective bargaining agreements are specified in Article 78 of the Labor Code 2019, specifically:

- The effective date of a collective bargaining agreement shall be agreed upon by the parties and specified in the agreement itself. In case the parties do not agree upon an effective date, the collective bargaining agreement shall be effective on its conclusion date.

An effective collective bargaining agreement shall be upheld by the parties.

- An enterprise-level effective collective bargaining agreement shall be binding on the employer and all employees of the enterprise. An effective sectoral or multi-level collective bargaining agreement shall be binding on all employers and employees of the participating enterprises.

- The effective period of a collective bargaining agreement shall 01 – 03 years. The specific effective period shall be agreed upon by the parties and specified in the collective bargaining agreement.

The parties may agree upon various effective periods for different parts of a collective bargaining agreement.

5. Regulations on revisions of collective bargaining agreements in Vietnam

According to Article 82 of the Labor Code 2019, a collective bargaining agreement may only be amended by the parties through collective bargaining on a voluntary basis.

The process of revising a collective bargaining agreement shall be the same as that of the negotiation and conclusion of a collective bargaining agreement.

In case a change in law results in the collective bargaining agreement being unsuitable with the new law, the parties must revise the collective bargaining agreement accordingly within 15 days from the date on which the new legal provisions come into effect.

During the process of revising the collective bargaining agreement, the rights and interests of the employees will be ensured in accordance with the law.

6. Expiry of collective bargaining agreements in Vietnam

Within 90 days prior to the expiry date of a collective bargaining agreement, the parties may negotiate extension of the collective bargaining agreement or conclusion of a new collective bargaining agreement. In case the parties agree on an extension, a survey shall be carried out in accordance with Article 76 of the Labor Code 2019.

Where the collective bargaining agreement expires while the negotiation process is still on-going, it shall continue to be effective for a maximum duration of 90 days from the expiry date, unless otherwise agreed by the parties.

(Based on Article 83 of the Labor Code 2019)

Nguyen Nhu Mai

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