A Revised Labour Code has been under review and comment over the period 2008 – 2010 by interested stakeholders in the Tri-Partite Partnership, including the government (led by the Ministry of Labour, Invalids, and Social Affairs), the workers (led by the Vietnam General Confederation of Labour, the “workers’ representative”) and employers (led by the Vietnam Chamber of Commerce and Industry, the “employers’ representative”).
The plan was to submit a revised Labour Code to the National Assembly for review in the spring of 2010 and approval in the fall of 2010; however, following several months of consultations and review, including nearly 30 public hearings in provinces throughout Vietnam, and a National Conference on Industrial Relations in Hanoi on Apr 1-2, 2010, it seems that a sufficient consensus has not yet been developed amoung the three parties, so that the discussions and review of industrial relations in Vietnam was continued.
In response to widespread strikes with violence that occurred mostly in FDI factories in the Southern Key Economic Region in the spring of 2008, and the concerns expressed by FDI and Vietnamese business associations to the government, the Prime Minister’s Decision 1129/QD-TTg, 18 Aug 08: Action Plan for the Implementation of Directive No. 22-CT/CW of the Secretariat of the Central Committee established a framework for enhancing leadership, providing direction for the development of harmonious, stable and progressive labor relations within enterprises.
The Directive No. 22-CT/CW, June 5, 2008 objective was to perfect the legislative environment so that disputes resolutions and work stoppages at enterprises could take place in a legal manner, to maintain the harmonious, stable employer-employee relations for the protection of legitimate rights and interests of both sides while at the same time ensuring a stable investing environment and social order.
The Prime Minister’s Decision 1129/QD-TTg requested that Ministries, line agencies and competent local entities execute the Action Plan, and the very first priorities were for the The Ministry of Labor, War Invalids and Social Affairs to
• Review, revise, supplement the Labor Code and its implementing legal documents; amend, supplement Decree No, 113/2004/ND-CP dated 16 April 2004 of the Government on administrative sanctions for violation of labor law; provide guidelines on procedures for the negotiation and signing of Collective labor agreement, building salary steps and scales in domestic private enterprises and businesses with foreign invested;
• Accelerate the Labor Relations Committee’s activities; direct the establishment and operation of inter-industrial labor relations in a number of localities; develop the tri-partite coordinating mechanism representing the workers, employers and the local government regulatory agencies; inspect, monitor the process of negotiating and signing of collective labor agreement at enterprises; provide guidance, support local authorities in carrying out preventive measures to minimize illegal strikes;
Please click the below links for additional background reading to provide some context for the expected objectives in revising the Labour Code.
Letter to the Prime Minister re Industrial Relations in Vietnam, May 20, 2008
Tripartite Conference re Industrial Relations in Vietnam, May 27, 2008
Party Central Committee Directive No. 22-CT/CW, June 5, 2008.
Prime Minister’s Decision 1129/QD-TTg, 18 Aug 08
Letter to Labour Relations Committee, Nov 20, 2008
Meeting with National Labour Relations Committee, Dec 16, 2008
Letter to National Labour Relations Committee, Dec 17, 2008
Summary of Comments on Revised Labour Code by VCCI/AmCham/FBA Task Force, Jan 25, 2010
Agenda: National Conference on Industrial Relations, Apr 1-2, 2010 (E)
Conference Handbook: National Conference on Industrial Relations, Apr 1-2, 2010 (English)
Conference Handbook: National Conference on Industrial Relations, Apr 1-2, 2010 (Vietnamese)
The following items were available on MOLISA web site in 2010, but have been removed.
Revised Labour Code, Draft 3, Mar 2010, (Vietnamese – Du thao gui Bo Tu Phap).
Revised Labour Code, Draft 2, Nov 2009, (E), which was posted on the government website for public comments.
Revised Labour Code, Draft 2, Nov 2009, (Vietnamese).