Developing harmonious, stable and progressive industrial relations: THE ROLE OF THE VIETNAMESE TRADE UNION MOVEMENT PhD Candidate DONG THI THUONG HIEN INSTITUTE FOR WORKERS AND TRADE UNIONS VIETNAM GENERAL CONFEDERATION OF LABOUR

Vietnam Trade Union 20 National industrial unions 63 provincial Labor Federations 115,000 workplace unions 7,5 million trade union members 65.22% of enterprises covered with collective labor agreements

1. Some characteristics of labour relations in Vietnam in terms of transformation and integration The number of workers in the state sector is declining while increasing in the non-state sector. The role of the state is changing. The parties are free, within the law, to establish their rights and obligations through negotiation and agreement. The property of employees as wage labourers has become clearer and their right to strike has been recognized.

1. Some characteristics of labour relations in Vietnam in terms of transformation and integration (cont.) Growing awareness of conflict of interest has led to increased disputes. The settlement of disputes by negotiation, mediation, arbitration and court proceedings is increasingly common. Industrial relations are not only subject to national law, but also the rules, conventions and practices of international law. The role of foreign-owned companies in the economy has become increasingly important and thus so has enterprises’ labour regulations and industrial relations practices.

2. Goals of developing labour relations Building harmonious, stable and progressive labour relations involves enhancing the position and reputation of the trade union in the following issues: -to guide and assist workers to sign labour contracts with employers; -to negotiate and sign collective labour agreements on behalf of workers; -to disseminate the strategies and policies of the Communist Party and the laws of the State which are relevant to the rights and obligations of employees;

2. Goals of developing labour relations (cont.) -to inspect and supervise the implementation of the law related to workers; -to represent workers in negotiations with the employers to present the requests and petitions of workers; -to protect workers’ legitimate rights and interests, avoid violations of law, and to prevent labour disputes.

3. Conditions for the development of harmonious, stable and progressive labour relations The legal system must be adequate, relevant and progressive. There must be mechanisms to ensure and support labour relations (including the mechanisms of the goverment and tripartite mechanisms). There should be strong trade unions. Adherence to the basic principles of respect, cooperation, negotiation, and self-determination among subjects of industrial relations.

4. Strategy of the Vietnamese government in labour relations Resolution No. 20/NQ-TW (28/01/2008) of the Central Committee about “Continuing to build the Vietnamese working class in the period of accelerated industrialization and modernization country” Directive No. 22-CT/TW (05/6/2008), issued by the Central Committee, aims to chart a path towards harmonious, stable and progressive labour relations in the enterprises

5. Legal position of the Vietnam trade union movement in labour relations The constitution of the Socialist Republic of Vietnam in 1992 The Trade Union Law of Vietnam The Labour Code

6. The roles of trade union in Vietnam to build up harmonious, stable and progressive labour relations Theoretical study of labour relations and the role of trade unions Organise education campaigns Participate in completing the institution of the labour market, strengthening the basic mechanisms of labour relations Develop trade unions in enterprises Provide services such as labour relations centers, legal advice

6. The roles of trade union in Vietnam to build up harmonious, stable and progressive labour relations (cont.) a. At national level b. At industry and provincial level c. District union, industrial zone unions or equivalent d. Work place unions at enterprises

7. Challenges for Vietnam Trade Union in developing industrial relations CBAs are still underdeveloped Mechanisms for dialogue and cooperation in the workplace are underdeveloped and inefficient The capacity and representativeness of the social partners is still limited The settlement of labour disputes and strikes is problematic The management role of the goverment is flawed

8. Our ways ahead Further promote to recruit more trade union members and promote the influence of trade unions, especially in the non-state sector. Focus on the implementation activities to better perform the representative functions to protect workers, especially workers in the non-state sector. Together with promoting and improving the quality of the implementation of various measures to protect workers Improve the quality of participating in policy formulation, legislation and inspection and monitoring of the implementation of laws and policies Operation focused on overcoming the limitations of labour relations Build the strong team of trade union officers

PhD Candidate DONG THI THUONG HIEN INSTITUTE FOR WORKERS AND TRADE UNIONS VIETNAM GENERAL CONFEDERATION OF LABOUR