Guidelines for businesses to carry out procedures for establishing a Collective Bargaining Council from March 17, 2021 in Vietnam

Guidelines for businesses to carry out procedures for establishing a Collective Bargaining Council from March 17, 2021 in Vietnam (Internet image)

The procedures for establishing the Collective Bargaining Council on March 17, 2021, are carried out as follows:

(1) Implementation sequence

Step 1: The representative appointed by the employer and the labor representative organizations at the premises of the enterprises participating in collective bargaining sends a written request to establish a Collective Bargaining Council to the People's Committee of the province or centrally run city (hereinafter referred to as the Provincial People's Committee) where the headquarters of the enterprise is located or the place selected by the parties in cases where businesses participating in negotiations have their headquarters in many provinces and centrally run cities.

Step 2: Within 20 working days from the date of receiving the written request from the representatives of the collective bargaining parties involving many enterprises, the Provincial People's Committee is responsible for issuing the decision to establish the Collective Bargaining Council. In the event of not deciding to establish a Collective Bargaining Council, there must be a written response clearly stating the reason.

The Department of Labor, War Invalids, and Social Affairs is responsible for presiding over and coordinating with the Provincial Labor Confederation, provincial employer representative organizations, and businesses to request the establishment of a Collective Bargaining Council and relevant organizations and businesses to advise and submit to the Provincial People's Committee a plan to establish a Collective Bargaining Council. In case the Department of Labor, War Invalids, and Social Affairs requests not to establish a Collective Bargaining Council, clearly state the reason.

(2) Submission methods

Procedures for establishing a Collective Bargaining Council are carried out in one of the following forms:

- Submit application through the online public service portal of the Provincial People's Committee.

- Submit application directly to the Provincial People's Committee.

- Submit application by post to the Provincial People's Committee.

(3) Composition and quantity of documents

* Document components include:

- Tentative list of enterprises participating in multi-enterprise collective bargaining, clearly stating the names of the enterprises; headquarters; Full name of the legal representative of the enterprise; Full name of the representative of the employee representative organization at the facility;

- Full name, position, or title of the person agreed by the parties to be appointed as Chairman of the Negotiation Council, accompanied by the written consent of the person proposed to be Chairman of the Collective Bargaining Council. In the event that the document does not propose a person to be the Chairman of the Collective Bargaining Council, the Chairman of the Provincial People's Committee shall decide;

- List of representative members of each party participating in negotiations in the Collective Bargaining Council;

- Expected content agreed by the parties on the content of negotiation, operating time of the Collective Bargaining Council, and collective bargaining plan; support from the Collective Bargaining Council (if any).

* Quantity: 01 written proposal.

(4) Processing time: 20 working days (from receipt of complete and valid documents).

(5) Subjects carrying out the procedure: Representatives appointed by employers and labor representative organizations at the premises of enterprises participating in collective bargaining

(6) Agency implementing procedures: Provincial People's Committee; Department of Labor, War Invalids and Social Affairs.

(7) Results of implementing procedures: Decision to establish a Collective Bargaining Council or official dispatch announcing the reason for not deciding to establish a Collective Bargaining Council (including clearly stating the reason for refusal).

Note: The procedure for establishing a Collective Bargaining Council is free of fees and charges. The implementation of this procedure must be based on the consensus of employers and employee representative organizations at the grassroots level of enterprises participating in multi-enterprise collective bargaining through the Collective Bargaining Council.

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