Consultancy service to conduct Legal Framework Review to Facilitate Development of Decree on Workers’ Organization and Collective Bargaining under New Industrial Relations Framework (NIRF USDOL) Project

The Labour Code 2019 adopted in November 2019 introduced fundamental changes in the area of industrial relations. Specifically, Chapter 13 of the Code introduces workers’ representative organizations, and stipulates that workers have the right to establish, join and participate in non-VGCL workers’ representative organizations’ activities at the grassroots level. Chapter 5 on Workplace Dialogue, Collective Bargaining and Collective Agreement has also been revised to identify the mechanisms for dialogue, collective bargaining and collective agreements in a multi-WROs context.

On 6 January 2020, the Prime Minister issued Decision 24/QD-TTg.  This decision makes the  Ministry of Labour, Invalids and Social Affairs (MoLISA) responsible for drafting decree on workers’ representative organizations and collective bargaining. 

According to the 2015 Law on Promulgation of Legislative documents, Art. 94, Clause 4,  draft decree portfolios submitted to the Ministry of Justice for appraisal must contain a Narrative Paper, the Draft Decree and other materials, including  a written analysis on the normative legal documents related to the draft decree.  As described more fully below, this team consultancy is designed to contribute key portions the required analysis of such normative legal documents. 

The new decree on WROs and collective bargaining introduces new and complex issues in labour law.  The legal review process will therefore enhance the consistency and feasibility of implementation by thoroughly analyzing the existing legislative foundation.

The ILO Country Office for Vietnam is implementing a technical co-operation project entitled Developing and Implementing a New Industrial Relations Framework in respect of the ILO Declaration on Fundamental Principles and Rights at Work (“NIRF Project”). The aim of the NIRF Project is to assist Vietnam to reform and improve its industrial relations framework consistent with the ILO Declaration on Fundamental Principles and Rights at Work (1998), with funding from the USDOL.  NIRF intends to support these consultancies in furtherance of this goal. 

The consultancy’s objective is to enhance and expedite MoLISA’s effort to produce the analyses required by Government through providing a relevant, thorough, and well-organized analysis of the normative law documents that pertain to the subjects of the new decree, i.e., WROs and collective bargaining. The analysis should reflect consideration of the practical application of the decree, noting areas covered by existing laws as well as any policy or legal gaps that become apparent. 

This consultancy requires two consultants [hereafter called Consultant#1 and Consultant#2] working in a team under the leadership of consultant #1. While the Consultant #1 is expected to focus on legislation review on WRO’s provisions, Consultant#2 will mainly cover the parts relating to collective bargaining process.

Deadline for Submissions: Proposals should be submitted by email no later than 17:30 GMT+7 on Sunday 25 April 2021.

Address for Applications: Proposals should be submitted by email to huongn@ilo.org