Vietnam Collective Agreements

In the year published in March 2001, the labour law situation in Vietnam appears to remain unchanged in principle. The Vietnamese Ministry of Labour, Disabled and Social Affairs (MoLISA) has launched a tripartite revision of the Vietnamese labour code of 1994. The revisions will be debated in the National Assembly in April 2002. As a result of these changes, they should contribute to marginal improvements in working conditions through measures such as streamlining Vietnam`s cumbersome administrative procedures and strengthening the country`s social security system. In particular, the proposed changes to collective bargaining – which are presented below – seem to indicate the government`s recognition that the organization must continue to be encouraged and facilitated on the ground at the enterprise level. Vietnam established its social security agency in 1995. Previously, three agencies – the Ministry of Finance, the Ministry of Labour and the VGCL – jointly managed the country`s social security program, including its social security funds. Under Vietnamese labour law, there are two types of social security funds: 1) a mandatory employer-dependent social security program, applicable to all organisations employing at least ten workers and which terminate medical problems, pregnancy, work-related accidents and illnesses, retirement and life insurance; 2) a voluntary employee contribution insurance plan that is applied in cases where a worker is not protected by a collective agreement. B, for example in companies with fewer than 10 employees or in short-term employment contracts. In these cases, the employer must pay the self-employed 17% more than the normal or agreed salary so that the self-employed can pay his own social security.75 social security contributions are paid by: 1) employers (15% of the total remuneration fund).

2) workers (5% of salary); 3) Government (80%) Ensure the implementation of the workers` social security system; 76 The 2001 report of the Ministry of Foreign Affairs on human rights implies that collective bargaining continues to take hold in Vietnam, particularly in the foreign investment sector. In some regions, the continued development of a competitive skilled labour market contributes to this process.7 VGCL is often seen as a communist Party tool, useless when it comes to protecting workers` rights and interests. To some extent, that is the case and there is no doubt that the VGCL is not really representative of the workers. However, experiments have been conducted through collective bargaining, bottom-up organization and better legal representation in labour disputes. The Trade Union Act is being revised to better reflect “the new situation” (tnh hnh mei). These include the trade union structure, the financing of trade unions and the role of trade unions at different levels in conflict management. ILO Convention 98, which covers collective bargaining, prohibits discrimination against workers on the basis of union membership and requires governments to establish a voluntary collective bargaining system to obtain collective agreements between employers and workers. Vietnam is reportedly considering ratifying this standard. There is no real right of association in Vietnam. As with mass political and religious organizations, Vietnamese trade unions can only exist if they are under the control of the Communist Party.