Decree No. 93/2002/ND-CP Amending and Supplementing Some Provisions of Decree No. 196/CP dated December 31, 1994 of the Government detailing and guiding the implementation of certain provisions of the Labor Law on collective labor agreements.

DECREE OF THE GOVERNMENT

Amending and supplementing some Articles of the Decree

No. 196/CP dated December 31, 1994 of the Government detailing and

 guiding the implementation of certain provisions of the Labor Law on collective labor agreements.

THE GOVERNMENT

Pursuant to the Law on Organization dated December 25, 2001;

Pursuant to the Law on Navigation of Vietnam dated June 14, 2005; The Labor Law dated June 23, 1994; The Law amending and supplementing some provisions of the Labor Code dated April 2, 2002, at the proposal of the Ministry Ministry of Science and Technology Labor, Invalids and Social Affairs,

DECREE - Office of the President of the StateArticleMINISTER

Article 1. Amending and supplementing some Articles of the Decree No. 196/CP dated December 31, 1994 of the Government detailing and guiding the implementation of certain provisions of the Labor Code on collective labor agreements based on the Law amending and supplementing some provisions of the Labor Code (hereinafter referred to collectively as the Labor Code amended and supplemented) as follows: 1. Amending and supplementing Clause 1 of Article 1 as follows.

1. The subjects and scope of application of collective labor agreements are enterprises, organizations with grassroots trade unions or Temporary Trade Union Executive Committees, including:

Article 1.

a) Enterprises established and operating under the State Enterprise Law, the Enterprise Law, and the Foreign Investment Law in Vietnam;

b) Production, business, and service establishments of administrative units, public institutions, political organizations, and political-social organizations;

c) Cooperatives established under the Cooperative Law that employ workers through employment contracts;

d) Non-public educational, healthcare, cultural, and sports establishments established under Decree No. 73/1999/NĐ-CP dated August 19, 1999 of the Government on policies encouraging socialization;

đ) International or foreign agencies or organizations stationed in Vietnam using contractual Vietnamese workers, except where international treaties to which the Socialist Republic of Vietnam is a party provide otherwise."

Replacing the phrase "Temporary Trade Union Organization" with the phrase "Temporary Trade Union Executive Committee".

2. Amend Article 3 as follows:

3. Amending and supplementing Article 5 as follows:

The registration of collective labor agreements under Article 47 of the

Article 5. Labor Code amended and supplemented shall be regulated as follows: Within ten days from the date of signing the collective labor agreement, the employer must submit a copy of the collective labor agreement to the Department of

Labor, Invalids, and Social Affairs of the province or centrally administered city where the enterprise or organization has its main office for registration. Enterprises within export processing zones, industrial parks, high-tech zones (collectively referred to as industrial zones) shall register with the Industrial Zone Management Board authorized by the Department of

Labor, Invalids, and Social Affairs, where such Management Board has its main office." 4. Supplementing Article 5a as follows:

Article 5a Rights, obligations, and benefits recorded in collective labor agreements declared void under Clause 3 of Article 48 of the

Labor Code amended and supplemented shall be resolved as follows: those parts declared void shall be resolved according to corresponding provisions in current laws and lawful agreements in individual contracts (if any).". 5. Amending and supplementing Article Clause 1 of Article 52 of the

Labor Code amended and supplemented shall be regulated as follows: one 1. A collective labor agreement continues to be effective in cases of enterprise mergers, where the merged enterprise retains more than 50% of the total workforce post-merger. 6 as follows:

"Article 6.2. In cases of consolidation, division, separation of enterprises, transfer of ownership, management rights, and use rights of assets of enterprises, and enterprise mergers not covered by Clause 1 of this Article, both parties must negotiate to sign a new collective labor agreement within six months." This Decree takes effect from January 1,

Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government; Chairpersons of People's Committees of provinces and centrally administered cities, Directors of enterprises and organizations concerned are responsible for implementing this Decree./.

2. In cases of consolidation, division, separation of enterprises, transfer of ownership, management rights, and usage rights of enterprise assets, and mergers not in accordance with Clause 1 of this Article, both parties must negotiate to conclude a new collective labor agreement within six months.

Article 2. This Decree takes effect from January 1. 2003.

Article 3. Ministries ministers, heads of ministerial-level agencies, heads of government-affiliated agencies; chairpersons of provincial People's Committees under central governance, directors of relevant enterprises and organizations are responsible for implementing this Decree./.