Circular No. 29/2015/TT-BLDTBXH guides the implementation of certain provisions on collective bargaining, collective labor agreements, and resolution of labor disputes as stipulated in Decree No. 05/2015/NĐ-CP dated January 12, 2015, of the Government detailing and guiding the implementation of certain contents of the Labor Code.

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Pursuant to Decree No. 106/2012/NĐ-CP dated December 20, 2012, of the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Labor, Invalids, and Social Affairs;

Pursuant to Decree No. 05/2015/NĐ-CP dated January 12, 2015 of the Government detailing and guiding the implementation of certain contents of the Labor Code;

At the proposal of the Director of the Department of Labor and Wages;

The Minister of Labor, Invalids and Social Affairs issues this Circular guiding the implementation of certain provisions regarding collective bargaining, collective labor agreements, and dispute resolution as stipulated in Decree No. 05/2015/NĐ-CP dated January 12, 2015 of the Government detailing and guiding the implementation of certain contents of the Labor Code.

Article 1. Scope of Regulation

This Circular guides the implementation of certain provisions regarding collective bargaining, collective labor agreements, labor arbitration boards, compensation for damages in cases of illegal strikes as stipulated in Decree No. 05/2015/NĐ-CP dated January 12, 2015 of the Government detailing and guiding the implementation of certain contents of the Labor Code (hereinafter referred to as Decree No. 05/2015/NĐ-CP).

Article 2. Applicability

Workers, organizations representing workers at the workplace, employers, organizations representing employers, agencies, organizations, and other individuals directly related to labor relations according to Article 2 of Decree No. 05/2015/NĐ-CP.

Article 3. Regular Collective Bargaining

Regular collective bargaining under Article 16 of Decree No. 05/2015/NĐ-CP is regulated as follows:

1. Regular collective bargaining shall be conducted at least once a year, with the maximum interval between two consecutive regular collective bargaining sessions not exceeding twelve months;

2. Representatives of both parties to the negotiation agree on the number of times and the time to conduct annual regular collective bargaining and reach a written agreement signed by all participating parties as the basis for conducting the negotiation;

3. The principles, rights to request, representation, content, and procedures for regular collective bargaining shall be implemented in accordance with Articles 67, 68, 69, 70, and 71 of the Labor Code.

Article 4. Responsibility to Attend Collective Bargaining Meetings

The responsibility of trade unions, organizations representing employers, and state management agencies on labor matters in attending collective bargaining meetings under Article 17 of Decree No. 05/2015/NĐ-CP is regulated as follows:

1. Upon receiving a written request to attend a collective bargaining meeting from one of the two parties to the collective bargaining, the Vietnam General Confederation of Labor, provincial and municipal Federation of Trade Unions, superior-level trade union organizations directly affiliated with the workplace, central and provincial organizations representing employers, the Ministry of Labor, Invalids and Social Affairs, provincial and municipal People's Committees, district and county People's Committees, and town and city People's Committees under provinces have the responsibility to send representatives to attend the collective bargaining meeting;

2. The representative sent to attend the collective bargaining meeting requests the party that issued the written request to provide information relevant to the content of the collective bargaining meeting; prepares necessary documents and materials, and provides guidance on labor laws to support the parties in conducting the negotiation in an objective manner, respecting the negotiation and decision-making rights of the parties in collective bargaining.

Article 5. Responsibility for receiving collective labor agreements of state management agencies on labor affairs

The responsibility for receiving collective labor agreements of state management agencies on labor affairs as stipulated in Article 19 of Decree No. 05/2015/NĐ-CP is defined as follows:

1. Establish a register to manage collective labor agreements according to the annex attached to this Circular;

2. Within fifteen days from the date of receipt of the collective labor agreement, the state management agency on labor affairs shall be responsible for reviewing the contents of the collective labor agreement; if any illegal content or signing beyond authority is discovered, it shall take the following actions:

a) For collective labor agreements that have not yet taken effect, the state management agency on labor affairs shall issue a document requesting the parties to the collective labor agreement to negotiate and amend the collective labor agreement, and submit the amended collective labor agreement to the state management agency in accordance with regulations;

b) For collective labor agreements that have already taken effect, the state management agency on labor affairs shall issue a document requesting the People's Court to declare the collective labor agreement void, and simultaneously notify both parties to the collective labor agreement.

Article 6. Labor Arbitration Council

The Labor Arbitration Council as stipulated in Article 34 of Decree No. 05/2015/NĐ-CP is defined as follows:

1. The Chairman of the Labor Arbitration Council is the head of the provincial state management agency on labor affairs. The Chairman of the Labor Arbitration Council has the following duties and powers:

a) Issuing the Operational Regulations of the Labor Arbitration Council;

b) Assigning specific tasks to members of the Labor Arbitration Council;

c) Managing all activities of the Labor Arbitration Council;

d) Inviting relevant agencies, organizations, and individuals with experience in labor relations to attend mediation and dispute resolution sessions;

đ) Signing minutes and decisions on resolving labor disputes of the Labor Arbitration Council.

2. The Secretary of the Labor Arbitration Council has the following duties and powers:

a) Drafting the annual work plan for approval by the Chairman of the Labor Arbitration Council;

b) Performing administrative tasks of the Labor Arbitration Council;

c) Conducting procedures for organizing mediation and dispute resolution sessions and recording minutes at such sessions;

d) Categorizing and archiving mediation and dispute resolution files;

đ) Preparing reports on mediation and dispute resolution activities of the Labor Arbitration Council.

3. Members of the Labor Arbitration Council have the following duties and powers:

a) Implementing the task of mediating collective labor disputes according to the Operational Regulations of the Labor Arbitration Council;

b) Performing tasks assigned by the Chairman of the Labor Arbitration Council.

4. The Labor Arbitration Council operates according to the Operational Regulations issued by the Chairman of the Labor Arbitration Council. The Operational Regulations of the Labor Arbitration Council mainly include the scope of regulation; operational principles; duties and powers of the Chairman, Secretary, and members of the Labor Arbitration Council; working system; work relationships; administrative work; and resources ensuring operations.

5. The operating budget of the Labor Arbitration Council is guaranteed by the state budget according to current regulations on budget management levels. The preparation, management, and settlement of the budget for ensuring the operation of the Labor Arbitration Council are carried out in accordance with laws on the state budget.

Article 7. Negotiation on compensation for damages in cases of illegal strikes

The provisions regarding negotiation on compensation for damages in cases of illegal strikes under Clause 3, Article 36 of Decree No. 05/2015/NĐ-CP are stipulated as follows:

1. In case the trade union leading the strike disagrees with one of the main contents in the demand for compensation for damages issued by the employer as prescribed in Clause 2, Article 36 of Decree No. 05/2015/NĐ-CP, within five (05) working days from the date of receipt of the demand for compensation for damages from the employer, the trade union leading the strike shall issue a request to the employer to organize negotiations;

2. Within three (03) working days from the date of receipt of the negotiation request, the employer shall exchange and agree with the representative of the trade union leading the strike on the time, place, and participants in the meeting for negotiating compensation for damages;

3. The negotiation meeting on compensation for damages must be recorded in minutes, signed by the parties involved in the negotiation and the person recording the minutes, including the contents agreed upon by both sides (if any) and the contents with differing opinions. The minutes of the negotiation meeting serve as the legal basis for determining the rights and obligations of the related parties responsible for implementing the compensation for damages;

4. At the conclusion of the negotiations, if both parties reach an agreement on the negotiated content, they shall be responsible for implementing it according to the agreed terms; if no agreement is reached, either party has the right to request the court to resolve the matter in accordance with the law.

Article 8. Effectiveness and Responsibility for Implementation

1. This Circular takes effect from September 15, 2015.

2. Circular No. 23/2007/TT-BLDTBXH dated October 23, 2007 of the Ministry of Labor, Invalids, and Social Affairs guiding the organization and operation of the Labor Arbitration Council ceases to be effective from the date this Circular takes effect.

3. During implementation, if there are any difficulties, agencies, units, and individuals are requested to report to the Ministry of Labor, Invalids, and Social Affairs for timely guidance and supplementation./.