Process for consideration of petitions for declaration of a labor contract/collective bargaining agreement to be invalid in Vietnam

Process for consideration of petitions for declaration of a labor contract/collective bargaining agreement to be invalid in Vietnam (Internet image)

Regarding this issue, LawNet answers as follows:

1. Consideration of petitions for declaration of a labor contract/collective bargaining agreement to be invalid in Vietnam

Consideration of petitions for declaration of a labor contract/collective bargaining agreement to be invalid according to Article 402 of the Civil Procedure Code 2015 is as follows:

- The time limit for preparing for consideration of a petition for declaration of a labor contract to be invalid shall be 10 days, declaration of a collective bargaining agreement to be invalid, counting from the day on which the Court accepts such petition. Past this time limit, the Court shall issue a decision to open the meeting for considering the petition.

- After accepting the petition for declaration of a labor contract or a collective bargaining agreement to be invalid, the Court shall send the notification of acceptance to the petitioner, the employer, the employee collective’s representative organizations and the procuracy of the same level.

- Within the time limit for preparing for consideration of a petition or a written request, if the petitioner withdraws his/her petition, the Court shall issue a decision to terminate the consideration of such petition/request.

- Within 05 working days after issuing the decision to open a meeting, the Court shall open the meeting to consider the petition for declaration of a labor contract to be invalid.

Within 10 working days after issuing the decision to open a meeting, the Court shall open the meeting to consider the petition for declaration of a collective bargaining agreement to be invalid.

- When considering the petition, the Judge may accept or not accept the request for declaration of labor contract or collective bargaining agreement to be invalid.

If the request is accepted, the Judge shall issue a decision to declare the labor contract/collective bargaining agreement to be invalid. In this decision, the Judge shall settle the legal consequence of the declaration of the labor contract/collective bargaining agreement to be invalid.

- The decision to declare a labor contract/collective bargaining agreement to be invalid must be sent to the petitioner or requester, the employer, the employee collective’s representative organization and the labor affair authority of the area where the enterprise is headquartered and labor affair authorities of the same level, applicable to cases pertaining to enterprises do not have main headquarters in Vietnam.

2. Petitions for declaration of a labor contract/collective bargaining agreement to be invalid in Vietnam

Petitions for declaration of a labor contract/collective bargaining agreement to be invalid according to Article 401 of the Civil Procedure Code 2015 as follows:

- Employees, employers, representative organizations of employees’ collectives and competent agencies may request competent Court to declare a labor contract/collective bargaining agreement to be invalid when they have grounds provided for in the Labor Code.

- A petition of an employee/employer/representative organization of employees’ collective and a written request of competent agencies must contain the details specified in clause 2 Article 362 of the Civil Procedure Code 2015.

+ Date of making the petition;

+ Name of the Court that is competent to handle the petition;

+ Name, address; phone number, fax number, e-mail address (if any) of the petitioner;

+ Specific issues requested to be resolved by the court; reasons, purposes and bases of the request for Court resolution of such civil matters;

+ Names and addresses of persons who are related to the resolution of such civil matters (if any);

+ Other information that are deemed by the petitioner to be necessary for the resolution of his/her petition;

+ Signature or fingerprints, applicable to petitioners being individuals, or signature and seal of lawful representatives, applicable to applicants being agencies or organizations, in the end of the application. If the petitioner is an enterprise, the use of the seal shall comply with provisions of the Law on Enterprise.

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