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THE
GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No:
196-CP
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Hanoi, December 31, 1994
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DECREE
STIPULATING
DETAILED PROVISIONS AND GUIDANCE FOR THE IMPLEMENTATION OF A NUMBER OF ARTICLES
OF THE LABOR CODE ON COLLECTIVE LABOR BARGAIN
THE GOVERNMENT
Pursuant to the Law on
Organization of the Government on the 30th of September 1992;
Proceeding from the Labor Code on the 23rd of June 1994;
At the proposal of the Minister of Labor, War Invalids and Social Affairs,
DECREES:
Chapter I
SUBJECTS AND SCOPE OF REGULATION
OF COLLECTIVE LABOR BARGAINS
Article 1.-
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- The State-owned enterprises;
- The enterprises of the other
economic sectors and the organizations and individuals that employ 10 or more
laborers;
- The enterprises having foreign
investment; the enterprises belonging to export-processing and industrial
zones;
- The foreign or international
offices and organizations in Vietnam that employ 10 or more Vietnamese
laborers, unless otherwise provided for by international conventions that the
Socialist Republic of Vietnam has signed or acceded to.
The independently-financed
services of the administrative and public service units are allowed to apply a
number of points stipulated in Article 2 of this Decree to negotiate and sign
collective labor bargains.
2. The subjects and scope not
applicable to collective labor bargain include:
- Public employees and officials
working at administrative and public services of the State;
- Employees in people's
organizations and social and political organizations;
- Employees in specialized
enterprises of the People's Army and People's Security Forces; officers,
non-commissioned officers and soldiers of the People's Army and People's
Security Forces.
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CONTENT OF THE COLLECTIVE ABOR
BARGAIN
Article 2.-
1. The main content of the
collective labor bargain stipulated in Item 2, Article 46 of the Labor Code
includes:
a) Job and job security:
the measures for job security; the type of labor contracts for each category of
labor or jobs; the circumstances for termination of labor contracts; the
allowances for job resignation, severance and suspension; the upgrading of
professional skills, the retraining in case of technological changes or production
reorganization; the principles and time for temporary assignment of laborers to
other jobs.
b) The work and rest time:
the provisions on the length of work time during a day and a week; the
arrangement of work shifts; the break time suitable for each category of
profession and work; the weekly day-off and holiday; the annual leave,
including the traveling time; the leave on personal affairs; the principles on
and cases of requested overtime work.
c) The salary,
salary-indexing allowances and bonuses: the base or average salary (monthly
or daily or hourly); the salary scale at the enterprise; the measures to ensure
real income and the indexing measures for salaries in face of fluctuating
market prices; the principles of salary payment (by time, products or
piece-work); the principles for designing and adjusting salaries; the
principles and conditions for salary raises; the types of salary-indexing
allowances; the time for monthly salary payment; the payment of annual leave
and related expenses; the salary for overtime work; the bonuses (irregular,
monthly, year-end, high-quality reward, profit reward) and their principles (a
specific regulation may be attached).
d) Labor quotas: the
principles and methods for designing the quotas, their trial application,
formalization and adjustment; the types of quotas for different types of labor;
the average and advanced quotas applied in the enterprises; the measures to
apply to cases of non-fulfillment of the quotas; the principles for piece-work
on labor and materials (if any).
e) Labor safety and hygiene:
the measures to ensure labor safety and hygiene; the standards for and the
supply of labor-safety instruments; the regimes of in-kind compensation; the
measures to improve working conditions; the compensation for labor accidents
and occupational diseases (a specific regulation may be attached).
f) Social securities: the
provisions on the responsibility and interests of the employer and the laborers
in contributing, collecting and paying social insurances.
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Chapter III
THE MODALITIES FOR NEGOTIATING,
SIGNING AND REGISTERING COLLECTIVE LABOR BARGAINS
Article 3.- The
negotiations and signing of collective labor bargains in accordance with
Article 45 and Item 1, Article 46, of the Labor Code are conducted according to
the following modalities:
1. The party which proposes to
negotiate and sign a collective labor bargain shall inform in writing the other
party of the content of the proposed bargain.
The content of the collective
labor party shall be proposed by the Executive Committee of the local trade union
organization, or by the provisional trade union organization.
2. The party to which the
proposal is addressed shall accept negotiating and shall take the initiative to
meet with the proposing party to agree on the time and location of the
negotiation and the number of delegates to it.
3. The employer is responsible
for arranging for the two parties to meet and negotiate.
The result of the negotiation
shall serve as the basis for designing the collective labor bargain at the
enterprise or unit.
4. The local or provisional
trade union organization shall organize polls for collective opinions on the
content of the proposed collective labor bargain.
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5. The collective labor bargain
must be prepared in set forms.
Article 4.-
The polling of collective opinions on the content of the collective labor
bargain shall be conducted through a collection of signatures or a show of
hands.
The result of the poll must be
recorded in a minute which shall specify the total number of polled people, the
yes votes, the no votes, the provisions which are not agreed upon and the
percentage of the no votes. The minute must bear the signature of the representative
of the Executive Committee of the local trade union organization.
In registering the collective
labor bargain with the labor office, this minute must be attached.
Article 5.-
The registering of the collective labor bargain in accordance with Article 47
and Item 3, Article 48, of the Labor Code, is provided for as follows:
1. Within 10 days from the date
of the signing of the collective labor bargain, the employer shall send the
collective labor bargain to the Labor, War Invalids and Social Affairs Service
of the province or city directly under the Central Government, where his/her
enterprise or organization is located, for registration.
2. The enterprise which belongs
to the export-processing or industrial zone shall send this collective labor bargain
to the Managing Board of the zone for registration at the Labor, War Invalids
and Social Affairs Service of the province or city directly under the Central
Government, where the Managing Board is headquartered.
3. Within 15 days from the
receipt of the collective labor bargain, the Labor, War Invalids and Social
Affairs Service of the province or city directly under the Central Government
shall consider and inform in writing both concerned parties of the
registration. If the collective labor bargain contains provisions which are
contrary to law, the Service shall point them out clearly and guide both
parties to make changes to it for registration.
Article 6.-
In the event of a merger of enterprises as stipulated in Item 1, Article 52, of
the Labor Code, the signed collective labor bargain shall be settled as
follows:
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2. If the merger leads the
member enterprises to a change in their functions, jurisdiction and
organizations, the signed collective labor bargains shall cease to apply, and
the concerned parties shall start negotiating for a new collective labor
bargain within six months from the merger.
Chapter IV
IMPLEMENTATION PROVISIONS
Article 7.- This Decree
takes effect from the 1st of January, 1995, and replaces all previous
regulations on collective labor bargain.
The collective labor bargains
which have been signed and are already in effect but which contain provisions
which are contrary to the Labor Code and this Decree shall be amended within
six months from the effective date of this Decree. The provisions which have to
be amended or supplemented must be agreed upon, signed and registered again in
accordance with the modalities defined by the Labor Code and this Decree.
Article 8.-
The Ministry of Labor, War Invalids and Social Affairs, in coordination with
the Vietnam General Confederation of Labor, shall organize pilot cases of
signing collective labor bargain within its own office and submit to the
Government for approval.
Article 9.-
The Ministers, the Heads of the agencies at ministerial level, the Heads of the
agencies attached to the Government, and the Presidents of the People's
Committees of the provinces and cities directly under the Central Government,
are responsible for the implementation of this Decree.
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