The International Encyclopaedia of Laws: Labour Law and Industrial Relations - Vietnam

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This Monograph explores the evolution and characteristics of the Vietnam’s legal system in order to investigate fundamental issues of labour relations in Vietnam and discovers how Vietnam can regulate labour relations to strike a balance between fulfilling its international obligations to protect the rights at work as a member of the ILO and pursuing its goal of economic liberalisation due to economic integration as a member of the WTO and other FTAs in the context of globalisation.

Drawing from analysis of current legislations and practical implementation of regulations on individual and collective labour relations, this Monograph shows that labour law in Vietnam covers almost all aspects of labour relations in the work place from the right to work to the right to organise of workers, from labour contracts to collective bargaining agreements, from minimum working ages to minimum wages, etc. However, regulation of labour relations has just taken place in a real sense in Vietnam only since the start of Doi Moi [Renovation] in 1986. Since then, labour law and industrial relations in Vietnam have been under strong impact of globalisation and integration into the global economy, particularly the access to the WTO. Economic integration creates more opportunities on the one hand but it also brings back many challenges for workers and the regulation of labour on the other hand.

Vietnam is under urgent domestic and international demands for the incorporation and implementation of international labour standards. Vietnam will receive legal benefits, political benefits and economic benefits from these processes. Where the demands of incorporation are urgent and the benefits of incorporation are clear, the most important precondition for Vietnam, at present, is the political will of the State.

As the first comprehensive work on Vietnam labour law and industrial relations, this Monograph contributes to the filling of a gap in national and international knowledge about the emerging Vietnam labour regime, its motivation, prospect for success, and abiding challenges.