Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Viet Nam (Ratification: 2019)

The Committee notes the Government’s report, including a statement that it shared the report with the Viet Nam General Confederation of Labour (VGCL), the Viet Nam Chamber of Commerce and Industry and the Viet Nam Cooperative Alliance, which agreed with the content of the report.

Legal framework. The Committee notes the list of laws, decrees and decisions adopted or amended during the reporting period, as provided by the Government, and notes, in particular those with direct impact on the application of the Convention, the relevant elements of which are examined below: the revised Trade Union Law No. 50/2024/QH15 (hereinafter TUL); the Law on Cadres and Civil Servants, 2025; Law No. 10/2022/QH15 on Implementation of Grassroots Democracy; and Law No. 97/2025/QH15 Amending and Supplementing a Number of Articles of the Law on the Viet Nam Fatherland Front, the Trade Union Law, the Youth Law, and the Law on Grassroots-level Democracy Implementation. Further recalling from its previous comments, that numerous provisions of the Labour Code are drafted in a broad language, leaving extensive powers to the Government to stipulate further details on specific matters which fall within the scope of the Convention, including relevant rights, the Committee requests the Government to continue to provide information on the adoption or modification of any Government regulations giving effect to the provisions of the Convention.

Scope of application of the Convention. Specific categories of workers. In its previous comment, the Committee expressed trust that the Government would take the necessary measures to ensure that all workers within the scope of the Convention, whether foreigners or nationals, both in the private and public sector, can benefit from the rights set out in the Convention. It also requested the Government to provide information on the exact provisions of the laws governing public employees and public servants not engaged in the administration of the State, which give effect to the provisions of the Convention. Regarding public servants and public sector employees, the Committee notes the Government’s statement that, in addition to the legislation reported previously, their rights and obligations are also governed by the newly adopted Law on Cadres and Civil Servants, 2025 and the Law on Implementation of Grassroots Democracy, 2025. The Committee observes that while these instruments provide for the right to discuss, negotiate and decide on matters related to the workers’ legitimate rights and obligations and stipulate citizen’s participation in the determination of certain community matters, these forms of participation do not seem to amount to the voluntary negotiations envisaged for promotion under the Convention, despite a general reference to collective bargaining by workers in State-owned enterprises in section 67 of the Law on Implementation of Grassroots Democracy. The Committee notes, however, from the Government’s previous and current reports that the Labour Code and the TUL are applicable to public sector workers and public servants not engaged in the administration of the State and recalls that these instruments regulate the right to collective bargaining and protection against anti-union discrimination. The Committee further notes with interest the Government’s indication that the TUL, as amended, expands the right to establish, join and participate in trade union activities to workers without an employment relationship by using the notion of “Vietnamese workers” (section 5(1)) and notes the introduction of a new clause stipulating the establishment of “grassroots occupational unions” bringing together workers who do not have an employment relationship and work in the same industry, occupation or other specific types of work (sections 4(3) and 19(3)). Furthermore, the Committee, while welcoming the amendment to section 5(2) which extends the right to join and participate in trade union activities at the grassroots level to foreigners, notes that this right is subject to having a contract of minimum 12 months and recalls in this regard that the rights granted by the Convention should not be dependent on the existence of or the length of a foreign worker’s contract. In view of the above, the Committee requests the Government to consider further extending the rights guaranteed by the Convention to foreign workers, irrespective of the existence or length of their employment contract, and to indicate whether the new category of “grassroots occupational unions” of workers without an employment relationship benefit from the same rights and guarantees as other unions in relation to the application of the Convention. The Committee also trusts that public sector employeesand public servants not engaged in the administration of the State can, in practice, fully benefit from the rights provided by the Convention, including the direct voluntary negotiation of terms and conditions of employment beyond participation in congresses and public consultations.

Scope of application of the Convention. Protection of workers’ organizations at all levels and their members. The Committee previously called on the Government to take the necessary measures to ensure that the rights provided by the Convention are guaranteed to workers’ and employers’ organizations at all levels (not only at grassroots level), as well as their members, both in law and in practice. The Committee observes that the Government does not address the question whether the numerous provisions of the Labour Code that deal only with workers’ representative organizations at the grassroots level are also applicable to higher-level organizations but instead seeks to clarify the organization and structure of trade unions in the country following the revision of the TUL in 2024. The Government indicates that the revised TUL covers trade unions at the central level, upper level (provincial, municipal, sectoral and similar levels), immediate superior trade unions and unions at the grassroots level in accordance with a legally mandated structure set out in section 8(1) of the TUL. The Committee understands that this structure should be understood in the light of the role assigned to the trade union movement (“Vietnam Trade Union”) by section 1 of the TUL, which is that of “a great socio-political organization of the working class and employees … founded on the voluntary basis and … a part of the political system of the Vietnamese society, placed under the leadership of the Communist Party of Vietnam”. While further noting the Government’s indication that section 6 stipulates that a workers’ organization in an enterprise shall have the right to join the VGCL, it also observes that the VGCL shall provide guidance on accession of enterprise-level workers’ organizations to Vietnam Trade Union (section 6(4)) and that such organizations, once they join Vietnam Trade Union automatically cease to operate as an organization at the enterprise level and have their registration revoked (section 6(3)). The Committee therefore requests the Government to clarify the practical application of this provision and the effects of such affiliation on the right to collective bargaining of a workers’ organization at the enterprise level. The Committee also reiterates its request for the Government to indicate whether, under the Labour Code, the numerous provisions referring only to workers’ representative organizations at the grassroots level are also applicable to higher-level organizations. Should this not be the case, the Committee requests the Government to take the necessary measures to bring the legislation in line with the Convention to ensure that the rights provided by the Convention are guaranteed to workers’ and employers’ organizations at all levels, as well as their members.

Equal access to the guarantees of the Convention. Independence of workers’ and employers’ organizations. In its previous comment, having noted that the legislation appeared to place trade unions under the direction or authority of higher-level trade unions, other organizations or political parties, thus interfering with the free and voluntary nature of collective bargaining, the Committee requested the Government to take the necessary measures to ensure full independence of workers’ and employers’ organizations at all levels in the exercise of their rights under the Convention. The Committee notes the Government’s indication that it has implemented comprehensive measures to ensure the independence of workers’ and employers’ organizations in exercising their rights under the Convention, which include: legislative improvements to ensure the independence of unions from employers and the right of workers to independently establish grassroots trade unions (section7(1) of the TUL), as well as to provide for an open and flexible model of trade union organizations (section 8(3)); measures to enhance the quality of trade union officials at all levels; and activities to guide and support the establishment of new grassroots trade unions. While welcoming these measures reported in detail by the Government, the Committee observes that they do not address the specific issues previously raised by the Committee in relation to the independence of workers’ and employers’ organizations from the authorities and higher-level organizations. The Committee also observes that many legislative amendments introduced in the TUL appear to rather strengthen the existing framework where lower-level trade unions are dependent on higher-level organizations or the authorities as referred to in its above comment. Recalling in this regard the importance of ensuring and maintaining independence of workers’ and employers’ organizations, not only from each other, but also from public authorities or political parties and higher-level organizations, so at to contribute to stable industrial relations, the Committee requests the Government to take the necessary measures to ensure full independence of workers’ and employers’ organizations at all levels in the exercise of their rights under the Convention. The Committee also encourages the Government to consider reviewing the dual approach to legislation governing the rights granted by the Convention to ensure that, in practice, all workers’ organizations, irrespective of the legislation that governs them, have equal access to the guarantees of the Convention.

Articles 1 and 2 of the Convention. Adequate protection against acts of anti-union discrimination and interference. Higher-level organizations. The Committee previously noted that sections 3(8) and 175 of the Labour Code governing protection against anti-union discrimination only referred to workers’ representative organizations at the grassroots level and requested the Government to take the necessary measures to ensure that protection against such acts is provided, both in law and in practice, to members of workers’ organizations at all levels. The Committee notes that the Government does not address this specific issue relating to the Labour Code but indicates that it has implemented a wide range of comprehensive measures to ensure protection of workers and trade union leaders against acts of anti-union discrimination and interference in trade union affairs. In particular, the Committee notes with interest the revised section 10 of the TUL that contains a comprehensive list of prohibited anti-union acts and acts of interference, including anti-union discrimination at all stages of employment and various measures aimed at manipulating or interfering with the establishment or operations of trade unions. The Government also points to strengthened protection against anti-union discrimination of union officials in section 28 of the TUL, which now also provides for trade union financial assistance to workers in the event of unemployment after an unlawful dismissal. The Committee also welcomes the information provided by the Government on actions taken by trade unions to raise awareness about anti-union discrimination and to coordinate inspections and monitoring of the implementation of labour laws, including measures taken to address acts of obstruction or discrimination against union members. The Committee trusts that the above measures will reinforce the protection against acts of anti-union discrimination and interference. In view of the lack of information on its previous request relating to anti-union discrimination provisions of the Labour Code that seem to be applicable only to trade unions at the grassroots level (sections 3(8) and 175), the Committee reiterates its request in this regard.

Articles 1, 2, 3 and 4. Effective and sufficiently dissuasive sanctions and remedies for acts of anti-union discrimination and interference. Sanctions for violations of obligations relating to collective bargaining. In its previous comment, the Committee requested the Government to monitor, together with the social partners, the application in practice of the newly adopted sanctions for acts of anti-union discrimination, interference and failure to engage in collective bargaining (sections 6(1), 34(3) and 35–37 of Decree No. 12/2022/ND-CP) and to review the relevant provisions, where considered necessary, so as to ensure that the sanctions imposed are sufficiently dissuasive. The Committee notes that the Government points to sections 16 and 17 of the TUL, which provide a detailed regulation for the supervisory role of trade unions, without specifying at what level (monitoring, detecting, reviewing, evaluating and making recommendations in the formulation and implementation of policies and laws on trade unions), as well as on their role in social criticism (provide opinions and social criticism on draft legal normative documents, plans, programmes, projects and schemes of state agencies directly related to the rights and interests of trade union members and workers). The Government further indicates that a study conducted by the Institute of Workers and Trade Unions found several types of acts of anti-union discrimination or interference in practice, including dismissal, failure to reappoint, transfer, establishing regulations restricting certain groups of workers from being union officials, intimidation, obstructing or creating difficulties for trade union activities, interference in the election or selection of trade union officials, disseminating propaganda persuading workers not to join trade unions, offering material benefits or promotion promises to discourage trade union membership, making working conditions difficult to incite voluntary resignation of workers or trade union officials, disciplining of trade union officials, undermining the reputation of trade unions or its officials among members and workers and isolating the trade union. The Committee further notes the Government’s clarification that while many discriminatory acts have been detected in practice, most of them were resolved internally at the enterprise level and no reported cases of discrimination have been brought before conciliation, arbitration, labour inspection or courts. The Committee understands from the above that no sanctions have been imposed for acts of anti-union discrimination or interference and observes that no information was provided by the Government on any violations of obligations relating to collective bargaining. In light of the above and welcoming the increased supervisory role of trade unions, the Committee requests the Government to provide further information in this regard, including to indicate whether unions at all levels can engage in such supervision. The Committee requests the Government to continue to report on the practical application of the available procedures, sanctions and remedies to address anti-union discrimination, interference and violations of obligations relating to collective bargaining, in particular to indicate the number of alleged violations filed to the competent authorities (mediation, arbitration and judicial proceedings), as well as the average duration of the procedures and the type of sanctions and remedies applied as a result thereof. In view of the lack of any violations reported to the authorities, despite them being recorded, the Committee encourages the Government to take the necessary measures to raise awareness of the relevant stakeholders on the importance of preventing, monitoring and reporting violations relating to the prohibition of anti-union discrimination, interference in trade union affairs and failure to engage in collective bargaining and to provide information on the steps taken in this regard.

Collective bargaining at the level of the enterprise and sectoral bargaining. Minimum threshold of representativity. In its previous comment, the Committee expressed trust that the determination of the minimum threshold for workers’ organizations to engage in collective bargaining at the enterprise level, foreseen in general terms under section 68 of the Labour Code and to be further regulated in a decree, would be done in line with the Convention and requested information on its applicability to sectoral bargaining. The Committee notes the Government’s indication in this regard that a decree on workers’ representative organizations and collective bargaining is currently being studied and developed to ensure consistency with the applicable legal documents, including the TUL. The Committee trusts that the determination of the minimum threshold for workers’ organizations to engage in collective bargaining, both at the enterprise and sectoral levels, will be done in line with the Convention, as detailed in the Committee’s previous comments, so as to allow for free and voluntary collective bargaining among the parties, and invites the Government to avail itself of the technical assistance of the Office in this regard. The Committee also requests the Government to provide information on the determination of collective bargaining parties at the sectoral level in situations where more than one workers’ organization seeks to participate in such collective bargaining.

Collective bargaining in workplaces without a workers’ representative organization. The Committee notes the Government’s indication that, under the Labour Code, workers’ organizations at the enterprise (outside the Viet Nam Trade Union system) may be established but collective bargaining rights are only exercised by workers’ representative organizations. The Government states however that the amended TUL stipulates that in workplaces without a workers’ representative organization, trade unions have the right and responsibility to represent and protect the lawful and legitimate rights and interests of workers upon their request and that workplace dialogue and collective bargaining shall comply with labour law provisions (section 20). The Committee requests the Government to provide information on the application of this provision in practice so that it may contribute to promoting collective bargaining.

Adoption of collective agreements. Requirement to obtain opinions from workers. In its previous comment, the Committee requested the Government to provide information on the practical application of section 76(2) of the Labour Code, which provides for specific requirements to obtain the opinions of workers and a vote in favour of a sectoral or a multi-enterprise collective bargaining agreement, before such an agreement can be adopted. The Committee notes the Government’s indication, that, in addition to the provisions of the Labour Code on consultation with workers, the TUL also stipulates the rights and responsibilities of trade unions, including representing workers in collective bargaining and engaging in workplace dialogue (section 11). While taking note of the reiterated role of trade unions in collective bargaining, the Committee observes that the Government’s information does not address the practical application of section 76(2) of the Labour Code, which provides for specific requirements to obtain the opinions of workers and a vote in favour of a sectoral or a multi-enterprise collective bargaining agreement, before such an agreement can be adopted. The Committee therefore reiterates its previous request.

Sectoral and multi-enterprise bargaining. Collective Bargaining Council. Powers of the Provincial People’s Committee. The Committee previously requested the Government to provide information on the role of representatives of the Provincial People’s Committee, as the State authority at the provincial level, in a collective bargaining council and requested the Government to ensure that any assistance or participation of state authorities in collective bargaining does not infringe the principle of the autonomy of the parties promoted by the Convention. The Committee notes that the Government reiterates the role of the representative of the Provincial People’s Committee, as a provincial-level state authority, in ensuring fairness, transparency and compliance with the law throughout the process of negotiating, concluding and implementing collective labour agreements. The Committee also notes that the Government refers to Circular No. 10/2020/TT-BLĐTBXH, 2020 of the Ministry of Labour, Invalids and Social Affairs, which provides details as to the establishment of collective bargaining councils and observes that, under the Circular: the Provincial People’s Committee can decide on the Chairperson of the bargaining council, if the parties do not propose one (section 6(2)(b)); provincial representatives can participate in the bargaining council (section 6(4)(a)); the provincial authority can review changes in Chairperson, provincial representative, functions, duties or plan (section6(5)); and representatives of the Provincial People’s Committee are responsible for supporting and providing necessary information to the parties for negotiation. Recalling that these aspects of participation of the Provincial People’s Committee in collective bargaining may raise issues of compatibility with the Convention, the Committee requests the Government to review, in consultation with the social partners, the involvement of provincial-level state authorities in sectoral and multi-enterprise collective bargaining and take the necessary measures to ensure that collective bargaining respects the principle of the autonomy of the parties, promoted by the Convention.

Procedures for the settlement of collective labour disputes. In its previous comment, the Committee observed that the provincial State authority seemed to play an essential role in the establishment, composition and functioning of the Labour Arbitration Council (section 185 of the Labour Code) which could raise concerns of full independence of this entity from state authorities and therefore requested the Government to take the necessary measures to ensure that the Labour Arbitration Council is fully independent from the Government and to provide details as to the nature of the awards, orders or remedies that may be issued by an arbitration panel. Observing that the Government merely reiterates information provided previously on the applicable provisions governing the functioning of the Labour Arbitration Council but does not address the concerns above, the Committee reiterates its request in this regard.

Workers’ and employers’ organizations cited in the labour legislation. The Committee previously observed that a number of provisions of the TUL, the Labour Code and Decree No. 145/2020/ND-CP provide specific rights to enumerated workers’ and employers’ organizations and requested the Government to take the necessary measures to review the labour legislation to ensure that it does not cite specific organizations but rather uses a more general language. The Committee notes that the Government reiterates previously provided information that, due to historical circumstances, there is currently only one trade union beyond the enterprise level and observes that the revised TUL retains the approach of naming specific workers’ and employers’ organizations in numerous provisions. While taking due note of the historical circumstances to explain a lack of regulation of trade unions at higher levels, the Committee recalls once again that systems which cite by name in the legislation the organizations which have preferential rights may give rise to risks of partiality or abuse and are not compatible with the Convention. The Committee further recalls that it is preferable for legislation, when granting rights and obligations to workers’ and employers’ organizations, to use a general language, for example based on the level of representativity of the organizations concerned. The Committee therefore requests the Government to take the necessary measures, including legislative, so as to bring the law in line with the Convention on this point.

Collective bargaining in practice. In its previous comment, the Committee encouraged the Government to continue to provide updated statistics on collective bargaining in practice and to continue to take measures to promote the full development and utilization of collective bargaining under the Convention. The Committee notes the information provided by the Government on the number of collective bargaining agreements concluded yearly since 2022, with 1,429 new agreements signed in the first half of 2025 and 3,125 agreements amended or supplemented during this period. The Committee further notes the Government’s indication that: (i) since 2022, a total of 23 multi-enterprise collective bargaining agreements have been signed, with the participation of 116 enterprises and units, covering 148,520 workers, serving as an important foundation for moving towards sectoral collective agreements; and (ii) three sectoral agreements were newly signed in the garment and rubber industry. The Committee further welcomes the detailed information provided by the Government on the implementation of a number of measures to promote the development of collective bargaining to meet the requirements of the Convention. The Committee encourages the Government to continue to provide updated statistics on collective bargaining in practice and to continue to take measures to promote the full development and utilization of collective bargaining under the Convention.

Promotion of the Convention. The Committee previously requested the Government to continue providing information on measures taken to promote the application of the Convention. The Committee notes the Government’s detailed information on the amendments introduced to the TUL, which are examined above, as well as additional information on measures taken to promote the application of the Convention.