Labour relations in Vietnamese law: historical development and perspectives

• Main Author: Nguyen, Hoang Ha
• Other Authors: Asian constitutional law recent developments and trends : Vietnam, Hanoi, 6th and 7th December 2019. Volume 1
• Format: Conference or Workshop Item
• Language: Vietnamese
• Published: Đại học Quốc Gia Hà Nội 2020
• Subjects: Vietnam; labour rights; labour obligation; labour relations; Labour Code
• Online Access: http://repository.vnu.edu.vn/handle/VNU_123/94747
• Institution: Vietnam National University, Hanoi

Vietnam has undergone many changes leading to the acceptance of a relatively pluralistic perspective on labour management relationships, a typical inspiration for a market economy in transition. However, the country is still facing the increasing incidence of the so-called “wildcat” strikes and other labour unrest, which are of considerable concern to the Government and investors. Various efforts are being made to address the causes of strikes, but not much progress is being made. Vietnam has been actively revising the Labour Code, the fifth time being in 1994, but it still faces a number of fundamental questions:(a) What does social justice mean to a fast-growing and developing economy like Vietnam? (b) How could it learn from the past?(c) What is the vital key to enable the country to make a solid legal framework for progressive, stable and harmonious labour relations?As one of the quickly growing economies in Asia, Vietnam is facing fierce competition from other countries for export markets and foreign investment; because of this it could risk eroding work conditions, but paradoxically, liberalization and integration also exposed the export-oriented sectors to more scrutiny by overseas consumers and to pressures for better labour standards. Workers and enterprises increasingly lie outside strict purview of the Labour Code and beyond the reach of labour administration. This paper examines the historical development of labour law, draws lessons from that experience and helps plan for future development perspectives of labour relations in the country. The author looks closely into the current situation and discusses how Vietnamese constituents envision the development of labour relations in the next twenty-five years. As argued by the author, there are still many unreasonable issues in labour relations in Vietnam, which relate to the rights and obligations of workers and employers and their representative organizations, wages, working conditions, collective bargaining and labour dispute resolution, etc. The author believes that further reform of the Labour Code is vital for Vietnam to improve its competitiveness in the context of deepening integration with the globaleconomy for the best interests of all stakeholders.