Nguyễn Đỗ Mỹ Ngân _ 721H0631

Question 1: According to Article 65, Labor Law 2019, there is no content must be
included in the collective bargaining, Collective bargaining shall be carried out on the
principles of voluntariness, good faith, equality, cooperativeness, openness to the public
and transparency.
According to Article 67, the parties may include one or some of the following
issues/content in the collective bargaining:
1. Salary, bonus, allowances, pay rise, means and other benefits;
2. Labor rates, working hours, rest periods, overtime work, rest breaks at work;
3. Employment security for the workers;
4. Occupational safety and health; implementation of the internal labor regulations;
5. Conditions and equipment of the representative organization of employees; the
relationship between the employer and the representative organization of employees;
6. Mechanism and methods for prevention and settlement of labor disputes;
7. Assurance of gender equality, maternity protection, annual leaves; actions against
violence and sexual harassment in the workplace;
8. Other issues of concern to either or both parties.

Question 2: According to Article 68, 69, Labor Law 2019

According to Clause 2, Article 69 of the 2019 Labor Code, each party's participants in
collective bargaining are decided by that party. However, there are still some exceptions:
 In case the employee side has many employee representative organizations that
meet the requirements for collective bargaining, only one employee representative
organization has the right to request collective bargaining (the organization with
the largest number of members), this employee representative organization also
has the right to decide the number of members of each other representative
organization when those representative organizations participate in collective
bargaining. Other organizations that want to participate in collective bargaining
must also have the consent of the employee representative organization that has
the right to request collective bargaining.
 In case the employee side has many organizations representing employees but do
not meet the membership requirements to request collective bargaining, leading to
having to combine together to request, when participating in collective bargaining.
 The number of representatives of each organization is agreed upon by those
organizations. In case no agreement can be reached, each organization determines
the number of participating representatives according to the number of members of
their organization over the total number of members of the organizations.
For example, there are 3 employee representative organizations: A, B, C and all 3
organizations do not meet the minimum number of members requirements and
cannot agree on the number of representatives. For example, organizations A, B,
and C have 40, 30, and 30 members respectively, then the number of members
representing organizations A, B, and C will be 4, 3, 3 people (40/100,
30/100,30/100).
According to Clause 3, Article 69, each party to the collective bargaining may invite
representatives from its superior organization and this has to be accepted by the other
parties. The representatives of each party to the collective bargaining must not exceed the
agreed quantity mentioned in Clause 1 of this Article, unless otherwise agreed by the
other parties.
Besides, according to Article 65, the representative of the employee is one or several
representative organizations of employees and the representative of the employer is one
or several employers or employer representatives.

Question 3: According to Article 70, Labor Law 2019

Collective bargaining is conducted according to the principles of voluntariness,
cooperation, goodwill, equality, openness and transparency.
According to Article 70 of the 2019 Labor Code, the collective bargaining process
includes the following steps:
Propose negotiation requirements
During the process of concluding a contract, if the parties (the collective of employees or
employers) find it necessary to negotiate, they have the right to request the other party to
jointly organize a collective bargaining session. The party receiving the request may not
refuse this negotiation.
Within 07 working days from the date of receipt of the request and negotiation content,
the parties shall agree on the location and time to start negotiation.
Prepare to negotiate
Employers are responsible for arranging the time, place and necessary conditions to
organize collective bargaining sessions. The time to start negotiations must not exceed 30
days from the date of receipt of the request for collective bargaining.
Conduct collective bargaining
The collective bargaining period must not exceed 90 days from the date of
commencement of negotiation, unless otherwise agreed by the parties.
Time spent participating in collective bargaining sessions of employee representatives is
counted as paid working time. In case the employee is a member of the employee
representative organization participating in collective bargaining meetings, the time spent
participating in the meetings is not counted in the time the employer spends with all
members of the management board of the representative organization of workers at the
grassroots to carry out the tasks of the representative organization based on the number of
members of the organization.
On the employer side:
Within 10 days from the date of receiving the employee's request during the negotiation
process, the employer is responsible for providing information about the situation of
production and business activities and other related content directly to the content of
negotiations within the enterprise to create favorable conditions for collective bargaining,
except for information about business secrets and technological secrets of the employer.
Employers are not allowed to cause difficulties, hinder or interfere in the process of
organizing employee representatives to discuss and collect opinions from employees.
On the employee side:
The representative organization of workers at the grassroots level has the right to
organize discussions and collect opinions from workers on the content, methods and
results of the collective bargaining process.
In addition, the representative organization decides on the time, place and method of
conducting discussions and collecting opinions from employees but must not affect the
normal production and business activities of the enterprise.
End of collective bargaining
Collective bargaining must be recorded in writing, clearly stating the contents agreed
upon by the parties and the contents with different opinions.
The collective bargaining minutes must be signed by representatives of the negotiating
parties and the person recording the minutes. The representative organization of workers
at the grassroots level shall widely and publicly announce the collective bargaining
minutes to all workers.

Question 4:
The collective labor agreement includes:
 Enterprise-level collective bargaining agreement
 Sectoral collective bargaining agreement (textile, garment, rubber)
 Multi-enterprise collective bargaining agreement
 Other collective labor agreements
According to Article 74, Labor Law 2019
1. Before an enterprise-level collective bargaining agreement is concluded, its draft must
be made available for comment by all employees of the enterprise. An enterprise-level
collective bargaining agreement shall only be concluded if it is voted for by more than
50% of the enterprise’s employees.
2. A sectoral collective bargaining agreement shall be available for comment by all
members of the management boards of the representative organizations of employees of
the enterprises participating in the bargaining. A sectoral collective bargaining agreement
shall only be concluded if it is voted for by more than 50% of the voters.
A multi-enterprise collective bargaining agreement shall be available for comment by all
employees of the enterprises participating in the bargaining or members of management
boards of the representative organizations of employees thereof. Only an enterprise more
than 50% of employees of which vote for the multi-enterprise collective bargaining
agreement may participate in its conclusion.
3. The time and location for casting votes on a draft collective bargaining agreement shall
be decided by the representative organization of employees as long as it does not affect
the participating enterprises’ normal business operation. The employers must not obstruct
or interfere with process of voting on the draft agreement by the representative
organizations of employees.
4. A collective bargaining agreement shall be concluded by legal representatives of the
parties.
In case a multi-enterprise collective bargaining agreement is negotiated via a collective
bargaining council, it shall be concluded by the chairperson of the council and legal
representatives of the parties.
5. A copy of the collective bargaining agreement shall be sent to every party and the
provincial labor authority in accordance with Article 77 of this Labor Code.
In case of a sectoral or multi-enterprise collective bargaining agreement, each employer
and representative organization of employees of the participating enterprises shall receive
01 copy.
6. After a collective bargaining agreement is concluded, the employer must make publicly
available to their employees.
7. The Government shall elaborate this Article.

Question 5: According to Article 78, Labor Law 2019

1. 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.
An effective collective bargaining agreement shall be upheld by the parties.
2. An enterprise-level effective collective bargaining agreement shall be binding on the
employer and all employees of the enterprise. An effective sectoral or multi-level
collective bargaining agreement shall be binding on all employers and employees of the
participating enterprises.
3. The effective period of a collective bargaining agreement shall 01 – 03 years. The
specific effective period shall be agreed upon by the parties and specified in the collective
bargaining agreement. The parties may agree upon various effective periods for different
parts of a collective bargaining agreement.