ベトナム：労働組合 and 労使紛争解決 - 2025年7月改正法施行

Overview

This article explains Vietnam's labor unions and labor dispute resolution, based on the revised law that came into effect in July 2025. ## Key Points ### 1. Two-Tier Structure of Worker Representative Organizations - Traditional trade unions affiliated with the Vietnam General Confederation of Labor (VGCL) - "Workers' organizations at enterprises" not affiliated with VGCL are now permitted - Introduction of new concept "grassroots-level worker representative organizations" encompassing both - Establishment of workers' organizations at enterprises requires registration with competent state authorities, but implementation regulations are not yet enacted ### 2. Revised Trade Union Law Effective July 2025 - New procedures for workers' organizations at enterprises to join under VGCL umbrella (Article 6) - Maintained employer's contribution of 2% of basic salary as union fees (Article 29, Paragraph 1, Item b) - Foreign workers with labor contracts of 12 months or more permitted to join grassroots-level trade unions (Article 5) - Established provisions for distributing trade union funds to workers' organizations at enterprises (Article 31, Paragraph 4) ### 3. Individual Dispute Resolution System - Mediation by labor mediators (mandatory in principle, within 5 business days) - Disciplinary dismissal and ordinary dismissal are exceptions to mandatory mediation - Labor Arbitration Council (available by mutual agreement, decision within 30 days) - Filing lawsuit in court - Grassroots-level worker representative organizations can file lawsuits on behalf of workers by authorization ### 4. Collective Disputes and Strikes - Divided into rights-related disputes and interest-related disputes - Collective bargaining: Organization with the largest membership holds bargaining rights, negotiation period within 90 days - Legal strikes require mediation/arbitration, consultation (50% or more approval), notification 5 business days in advance, etc. - In practice, many strikes are conducted without following legal procedures ### 5. Impact on Corporate Practice - Disciplinary procedures: Participation of grassroots-level worker representative organization representatives required - Work rules: Companies with 10 or more employees must register with authorities, consultation with grassroots-level worker representative organizations required - Union fees: Obligation to pay 2% of basic salary regardless of presence of enterprise union - Mass layoffs: Discussion with grassroots-level worker representative organizations required The article concludes that the revised law indicates a direction of incorporating workers' organizations at enterprises into the VGCL system, and that daily dialogue and relationship building are important for stabilizing labor-management relations.