GOVERNMENT No. 18-CP SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness Hanoi, 26 December 1992 DECREE ON COLLECTIVE LABOUR AGREEMENTS The Government Pursuant to the Law on the Organization of the Government dated 30 September 1992; Based on the proposal of the Minister of Labour, War Invalids Social Affairs; Decrees: Article 1 Regulations on collective labour agreements are issued together with this Decree. Article 2 This Decree becomes effective on the date of its signing. All previous regulations which are inconsistent with this Decree are hereby repealed. The Minister of Labour, War Invalids Social Affairs shall guide the implementation of this Decree. IV-83
Article 3 Ministers, heads of departments at ministerial level, heads of departments of the Government, chairmen of people's committees of provinces cities under central authority shall implement this Decree. On behalf of the Government For the Prime Minister PHAN VAN KHAI Deputy Prime Minister IV-84
GOVERNMENT No. 18-CP SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness 26 December 1992 REGULATIONS ON COLLECTIVE LABOUR AGREEMENTS (Issued with Decree 18-CP dated 26 December 1992 of the Government) CHAPTER I General Provisions Article 1 A collective labour agreement (hereinafter referred to as a collective agreement) is a written agreement between the representatives of the employees the employer in respect of the rights, obligations responsibilities of the two parties in the labour relationship. Article 2 1. A collective agreement shall be applied: (a) (b) in enterprises belonging to any economic sector including enterprises of the armed forces employing labour in return for salary having a trade union, employee organization or a representative committee of the employees. in enterprises with foreign owned capital, in foreign international offices organizations based in Vietnam employing Vietnamese labour unless otherwise stipulated in international treaties signed or ratified by Vietnam. 2. A collective agreement shall not be applicable to civil servants in administrative offices or specialized enterprises belonging to the armed forces. IV-85
Article 3 A collective agreement shall be signed on the basis of the principle of official fair negotiations in conformity with the law, collective interests social benefits. The State encourages the two parties to sign collective agreements which provide employees with more favourable conditions than those stipulated in the law. Article 4 A collective agreement shall become effective once it has been registered at the labour office of the provinces or cities under central authority. Article 5 After the collective agreement has come into effect any terms of a labour contract previously signed which are not in accordance with the collective agreement shall be amended subject to the terms which provide employees with more favourable conditions being retained. Article 6 The representatives of the two parties who shall sign the collective agreement are stipulated as follows: 1. The representative negotiators of the employees shall be: (a) (b) The executive committee of the trade union in cases where more than fifty (50) per cent of the employees are members of the trade union. If fifty (50) per cent or less are members of the trade union, the executive committee must include elected representatives of those who are not members of the trade union. A representative committee of the employees in enterprises without a trade union. This committee must consist of at least three people elected by the employees in the enterprise approved by the labour department at the provincial level. 2. The representative negotiators of the employer shall be: (a) (b) The manager of the enterprise; or A person authorized by the manager or in accordance with the charter of the enterprise. IV-86
3. The representatives of the two parties shall be in equal numbers agreed to by both parties. Article 7 CHAPTER II The Content the Signing of the Collective Agreement The main contents of a collective agreement shall be: 1. The salaries, bonuses allowances to be paid to the employees; 2. The employment guarantee of employment for the employees; 3. Working resting hours; 4. Social insurance; 5. Working conditions, occupational safety hygiene. Article 8 The negotiation conclusion of a collective agreement shall be carried out by the following procedure: 1. The two parties put forward their proposals the terms to be negotiated. 2. Negotiations take place agreement is made on the basis of consideration of each party's proposals terms. 3. Each party obtains opinions on the draft agreement, refers to the labour department or labour union for consultation if required. 4. The parties prepare a final draft of the collective agreement sign it after agreement by the representatives of the two parties. Article 9 Each signed collective agreement shall be for a duration of one to three years. IV-87
After the first three months of performance of the collective agreement each party shall have the right to request that amendments or additions be made to it. After the collective agreement expires, if the parties have not signed a new agreement, the duration of the agreement is automatically extended for a period equal to the period just expired. If a new agreement is needed negotiation must be carried out sixty (60) days prior to the expiry of the agreement. If a new agreement is not signed within that sixty (60) day period, the old agreement shall continue to be of full force effect for a period not exceeding thirty (30) days from the date of expiry of the old agreement. Amendments of additions to a new collective agreement to be signed must be in accordance with the procedure stipulated in article 8, be registered as stipulated in article 4. Article 10 Each collective agreement must bear the signature of both the parties be made in triplicate, one for each party one to be submitted to the labour office at provincial level for registration. If the enterprise has offices in several provinces or cities under central authority, the collective agreement shall be registered at the labour office of the locality where the head office is based. The provincial labour office must issue a written confirmation within fifteen (15) days at the latest from the date of receipt of the agreement, if such confirmation is not issued, the agreement shall become effective after that time. The provincial labour office shall be entitled to reject any terms of the agreement which are contrary to the law shall notify the parties accordingly. The two parties must negotiate decide on any amendments not later than fifteen (15) days from the date of notification from the provincial labour office. Copies of the effective collective agreement must be forwarded to the labour union of the province or city under central authority, the trade union of the branch (if any) the labour office of the province or city where the enterprise operates. Article 11 1. The collective agreement shall be partially or wholly invalid in the following circumstances:! the terms are contrary to the law; IV-88
! the person signing the agreement was not fully authorized;! the signing procedure was not strictly followed;! the agreement is not registered at an authorized labour office; or! one of the provisions stipulated in article 7 of this Decree is omitted. 2. The labour office where the agreement is registered shall be entitled to invalidate wholly or partially the agreement. Article 12 The agreement shall be made known to all employees of the enterprise concerned after it becomes legally effective. All employees in the enterprise shall implement fully all the terms of the signed agreement. Article 13 A collective agreement shall remain of full legal effect shall continue to be implemented notwithsting the merger of the enterprise, the division of the enterprise or the transfer of its ownership, property use rights, or management rights. The signed collective agreement shall become void in the event that the enterprise is dissolved or becomes bankrupt. The employees' interests shall be dealt with as stipulated in the law unless otherwise stipulated in the collective agreement. Article 14 The employer shall be responsible for all the expenses of the negotiation, signing, registration, amendment of, addition to, announcement of the collective agreement, the salary of the employees' representatives during the time of negotiation signing provided that those representatives are employees working in the enterprise. IV-89
Article 15 CHAPTER III Implementation of the Agreement, Settlement of Collective Disputes, the Resolution of Breaches The labour office is responsible for: 1. Guidance, supervision of the signing of, recognition, registration of the collective agreement, the supervision of its implementation in the enterprise; 2. Co-ordination with the labour union in guiding the election of, certifying the representative committee of the employees, assisting it to operate efficiently; 3. The settlement of disputes arising from the collective agreement; 4. The inspection of the legal implementation of the collective agreement. Article 16 The authorized body the procedures for resolving disputes in relation to a collective agreement shall be in accordance with the provisions stipulated in articles 21, 22 23 of Decree 165-HDBT dated 12 May 1992 issued by the Council of Ministers. Article 17 The minutes of a conciliation board or the decision of a court or labour arbitration council shall come into force within fifteen (15) days from the date of legal effectiveness. After this period, if the parties fail to implement wholly or partially the decision, either party can appeal to the authorized State body. Article 18 Any individuals who, or groups which, breach the provisions of this Decree shall, depending on the seriousness of the breach, be subject to an administrative fine shall be liable for damages or criminal prosecution in accordance with the provisions of the law. IV-90
CHAPTER IV Final Provisions Article 19 Currently operating enterprises which have collective agreements or their own rules (if any) which are contrary to this Decree shall amend them not later than three months after this Decree comes into effect. On behalf of the Government For the Prime Minister PHAN VAN KHAI IV-91