regulations on collective labor agreements in Vietnam, collective labor agreements in Vietnam, regulations on labor agreements in Vietnam, regulations on collective labor agreements ,

Regulations on Collective Labor Agreements in Vietnam

Collective labor agreements are an essential legal tool that governs the rights and duties of employees and employers in the workplace. In Vietnam, these agreements not only serve as a mutual understanding between the parties but also act as a mechanism to protect the legal rights of employees while promoting fairness and transparency in labor relations.

This article examines the legal regulations related to collective labor agreements in Vietnam.

Collective Labor Agreement

A collective labor agreement is an agreement reached through collective bargaining and is signed by the parties in writing.

There are different types of collective labor agreements, including:

  • Enterprise collective labor agreements: Agreements within individual businesses.
  • Industry collective labor agreements: Agreements that apply to a specific industry.
  • Multi-enterprise collective labor agreements: Agreements involving several enterprises.
  • Other forms of collective labor agreements as specified by law.

The content of a collective labor agreement must not conflict with legal provisions and should encourage terms that are more favorable to employees than those stipulated by the law.

Consultation and Signing of Collective Labor Agreements

For enterprise collective labor agreements, before signing, the draft agreement must be discussed with all employees of the enterprise to obtain their input. The agreement can only be signed if more than 50% of the employees express approval.

For industry-wide collective labor agreements, the consultation process involves all members of the leadership of employee representative organizations from the participating businesses. The agreement can only be signed if more than 50% of those consulted agree.

The timing, location, and method of gathering employee input on the draft agreement are determined by the employee representative organization, but they must not disrupt the normal operations of the participating businesses. Employers are prohibited from hindering or interfering with the consultation process.

Once signed, the collective labor agreement must be sent to each party involved and to the labor authorities at the provincial level. Within 10 days of the agreement being signed, the employer must submit a copy of the agreement to the provincial labor authorities.

Effectiveness and Duration of Collective Labor Agreements

The effective date of a collective labor agreement is agreed upon by the parties and stated in the agreement. If no specific date is mentioned, the agreement will take effect from the date it is signed. Once effective, the agreement must be respected and implemented by both parties.

An enterprise collective labor agreement applies to both the employer and all employees of that enterprise. Industry and multi-enterprise collective labor agreements apply to all employers and employees of the enterprises involved in the agreement.

The duration of a collective labor agreement is typically between 1 to 3 years. The specific duration is agreed upon by the parties and recorded in the agreement. The parties may negotiate different durations for different provisions of the agreement.

ASL Law is a leading full-service and independent Vietnamese law firm made up of experienced and talented lawyers. ASL Law is ranked as the top tier Law Firm in Vietnam by Legal500, Asia Law, WTR, and Asia Business Law Journal. Based in both Hanoi and Ho Chi Minh City in Vietnam, the firm’s main purpose is to provide the most practical, efficient and lawful advice to its domestic and international clients. If we can be of assistance, please email to [email protected].

ASL LAW is the top-tier Vietnam law firm for Employment and Labor Law. If you need any advice, please contact us for further information or collaboration.

***Other service of ASL LAW – full service Vietnam law firm *** 
Retainer service to enterprisesInternational trademark registration
Oversea investment consultancy for Vietnamese enterprisesPatent in Vietnam
PCT Patent in VietnamPCT Patent Vietnam Entry
Intellectual property services (Vietnam IP Firm)Vietnam Patent Agent
Trademark in VietnamVietnam Patent Firm
Vietnam Trademark AgentPatent translation in Vietnam
How to register trademark in VietnamVietnam Patent Translation Agent
Copyright in VietnamVietnam IP Firm
Vietnam TrademarkVietnam IP Agent
Notes to company formation in VietnamM&A
How to open company in VietnamBanking & financial services
Open representative office in VietnamContract consultancy
Establish company in VietnamEmployment and labor
Corporate services in VietnamLitigation and dispute resolution
Vietnam Law FirmFranchise in Vietnam
Vietnam Antidumping Law FirmVietnam Franchise registration
Vietnam countervailing law firmVietnam Business Law Firm
Vietnam Real estate law firmVietnam construction law firm
Law firm in HanoiLaw Firm in Ho Chi Minh
Contact Me on Zalo
+84982682122
WhatsApp chat