Regulations on the implementation of collective labor agreements at enterprises in Vietnam

Regulations on the implementation of collective labor agreements at enterprises in Vietnam​ (Image from Internet)

1. Regulations on soliciting opinions and signing collective labor agreements in Vietnam

According to Article 76 of the Labor Code 2019, regulations on soliciting opinions and signing collective labor agreements are as follows:

- For enterprise-level collective labor agreements, before signing, the draft collective labor agreement negotiated by the parties must be subjected to a vote by all the employees in the enterprise. The enterprise-level collective labor agreement can only be signed if more than 50% of the employees in the enterprise vote in favor.

- For sectoral collective labor agreements, opinions must be solicited from all members of the leadership boards of labor representatives at the enterprises involved in the negotiation. A sectoral collective labor agreement may only be signed when more than 50% of the total number of those consulted vote in favor.

In the case of multi-enterprise collective labor agreements, the parties consulted include all employees at the enterprises involved in the negotiation or all members of the leadership boards of the labor representatives at such enterprises. Only enterprises where more than 50% of the consulted individuals vote in favor may participate in signing the multi-enterprise collective labor agreement.

- The time, place, and method of soliciting votes on the draft collective labor agreement are decided by the labor representative organization but must not disrupt the normal production and business activities of the enterprises involved in the negotiation. Employers are prohibited from creating difficulties, obstructing, or interfering in the process by which the labor representative organization solicits votes on the draft agreement.

- The collective labor agreement is signed by the lawful representatives of the negotiating parties.

In the case of multi-enterprise collective labor agreements conducted through the Collective Bargaining Council, it is signed by the Chairman of the Collective Bargaining Council and the lawful representatives of the negotiating parties.

- The collective labor agreement must be sent to each signatory party and to the provincial labor authorities as stipulated in Article 77 of the Labor Code 2019.

For sectoral or multi-enterprise collective labor agreements, each employer and each labor representative organization at the enterprises participating in the agreement must receive one copy.

- After the collective labor agreement is signed, the employer must announce it to their employees.

2. Regulations on the implementation of collective labor agreements at enterprises in Vietnam

According to Article 79 of the Labor Code 2019, regulations on implementing collective labor agreements at enterprises are as follows:

- Employers and employees, including employees hired after the effective date of the collective labor agreement, are obligated to fully implement the currently effective collective labor agreement.

- If the rights, obligations, and benefits of the parties in labor contracts concluded before the effective date of the collective labor agreement are lower than the corresponding provisions of the collective labor agreement, they must comply with the collective labor agreement. The employer's regulations that do not conform to the collective labor agreement must be revised to conform; until they are revised, the corresponding provisions of the collective labor agreement apply.

- When one party believes that the other is not fully implementing or is violating the collective labor agreement, they have the right to request proper implementation of the collective labor agreement, and both parties are responsible for discussing and resolving the issue together; if unresolved, either party may request the resolution of collective labor disputes in accordance with the law.

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