A Study For The Vietnamese Legislation Of Collective Labor Dispute Resolution System In The Context Of Economic Transition

Vietnamese society is in the course of economic transition,that is,from a centrally planned economy to a socialist-oriented market economy.The economic transition has created significant changes in labor relations,particularly in individual and collective labor disputes.Collective labor disputes have become increasingly complex and more often challenging.In this context,the legislation system regarding resolution for labor disputes is required to be more complete and effective.However,the Vietnam’s labor law has not yet fulfilled the requirements of timely and reasonably handling labor disputes in a lawful manner.Hence,it is necessary to learn more experience from other countries.Therefore,as a Vietnamese student,the author believes that starting from the perspective of Vietnam’s economic reformation,empirical research into the influence that collectivism has on different approaches to solving labor conflicts can provide useful lessons for enterprises to improve the ability to solve collective labor disputes.Simultaneously,the study outcomes may contribute significantly to the improvement of the legislation system as well as strengthen the exchanges and cooperation between China and Vietnam.For these reasons,the author chose "From the view point of economic transition to study of the Vietnam legislation system for collective labor dispute resolution" as the theme of this master thesis.Apart from the introduction and conclusion,the thesis is structured into four parts as follows:First,from the perspective of economic transition,the current situation of collective labor disputes in Vietnam is analyzed.In Vietnam,the majority of cases in collective labor disputes results in strikes,whose main features are described in this chapter in terms of characteristics,numbers and scope.Relevant data were collected from mainstream Vietnamese websites,especially data and materials related to strikes.Data analysis,sorting,and summarization were conducted to provide relevant content for this thesis.Based on different databases,the trend of collective labor disputes likely increase,labor conflicts continue to be strained.Second,the causes of collective labor disputes in Vietnam occurred during the transition period.This chapter mainly introduces Vietnam’s collective labor disputes that occur during the economic transition.Subjective and objective reasons are analyzed by studying the close correlation between Vietnam’s economic situation and labor relations.The subjective reasons come from both employer and employee parties owing to opposing economic interests.A strong sense of worker’s rights,in pursuit of wages and working conditions,to meet living demands opposes to the employer’s ambitions.In the context of globalization,to maximize profits and to meet the need to expand production,employers are not afraid of violating the provisions of labor law as well as the rights of workers.As a result,conflicts arise between the two parties,which cannot be fully resolved under the ever-changing market economy and will eventually evolve into collective disputes.Objective reasons are due to the incomplete management system according to the national law,especially feeble performance of the union and inefficient dispute resolution of the law,leading to increasingly tense,more complex labor conflicts.In this chapter,field observations and interviews with workers were performed;literature was reviewed to collect basic information.Then,main causes behind collective labor disputes in Vietnam were summarized.Third,the system of collective labor dispute settlement in Vietnam is studied.The author analyzes the system of collective labor dispute settlement in the provisions of Vietnam law,and puts forwards opinions based on the reference of the collective labor dispute resolution system of the China law.In this chapter,there are three parts:firstly,the writer suggests the definition of collective labor dispute in the context of Vietnam society owing to the shortage of a clear definition in the Vietnam labor legislation system;secondly,classification and the basic principles of collective labor disputes are introduced,then the Vietnamese labor law provisions are briefly introduced and analyzed;finally,an in-depth analysis of the mechanism and procedures for resolving collective labor disputes in Vietnam’s labor law,comparing the collective labor disputes system between China and Vietnam to find the similarities and differences between the two countries.The different socio-economic conditions of both countries are also looked at to explain the difference in the system of collective labor disputes between two countries.In this chapter,in addition to using theories of collective labor dispute resolution of the law to find out about the system of collective dispute resolution,the writer also used the analytical method,applying the collective bargaining system in Vietnam,alongside the system of collective labor dispute resolution in China,which combines theoretical and practical research to provide further foundation for the development of the final part of the thesis.The fourth section points to the remaining problems of the collective labor dispute settlement system in Vietnam and suggestion for improvement are examined.Practical ideas on the settlement of labor relations for Chinese investors who want to invest in Vietnam.Based on the study,analysis and comparison of the collective labor dispute settlement in Vietnam done in the preceding chapters,the remaining problems in the Vietnamese system are identified.Upon such identification,recommendations to improve the system of collective labor dispute resolution are put forward.Amongst,learning and obtaining experience from China’s collective labor dispute resolution regulations.Besides,this chapter also aims at providing useful comments to Chinese investors,who want to invest in Vietnam.To sum up,the objectives of this study are to learning about the system of collective labor dispute resolution in Vietnam,in order to understand the real meaning of collective labor disputes,to explore in depth the system of collective labor dispute resolution on the basis of the dispute settlement practice in Vietnam using analytical methods and finally recommend methods to improve the system of collective labor dispute resolution.