REGULATIONS OF COLLECTIVE BARGAINING AGREEMENTS IN THE VIETNAMESE LAW
Legal basis:
– Labour Code 2019.
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Definition of collective bargaining agreements
A collective bargaining agreement means an agreement that is reached through collective bargaining and concluded in writing by the parties, including enterprise-level collective bargaining agreements, sectoral collective bargaining agreements, multi-enterprise collective bargaining agreements and other types of collective bargaining agreements.
An enterprise-level collective bargaining agreement shall only be concluded if it is voted for by more than 50% of the enterprise’s employees.
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Effective date and effective period of collective bargaining agreements
The effective period of a collective bargaining agreement shall be agreed upon by the parties and specified in the collective bargaining agreement, from 01 year to 03 years. Within 90 days prior to the expiry date of a collective bargaining agreement, the parties may negotiate extension of the collective bargaining agreement or conclusion of a new collective bargaining agreement.
The effective date of a collective bargaining agreement shall be agreed upon by the parties and specified in the agreement itself. In case the parties do not agree upon an effective date, the collective bargaining agreement shall be effective on its conclusion date.
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Invalid collective bargaining agreements
A collective bargaining agreement shall be entirely invalid in the following cases:
– The entire contents of the collective bargaining agreement are illegal;
– The collective bargaining agreement was concluded by a person without due competence;
– The procedures for negotiation and conclusion of the collective bargaining agreement were not followed.
A collective bargaining agreement shall be partially invalid if one or some of its contents are contrary to the law.