Comparison of Vietnamese and Chinese laws on labor dispute resolution

HANOI NATIONAL UNIVERSITY

FACULTY OF LAW

Maybe you are interested!

TRINH THI THU HA

COMPARISON OF VIETNAMESE AND CHINESE LAWS ON LABOR DISPUTE RESOLUTION

Major : ECONOMIC LAW

Code : 60 38 50

MASTER'S THESIS IN LAW

Scientific supervisor : Associate Professor, Dr. DAO THI HANG

HANOI – 2009

Cover page Acknowledgements Commitment

INDEX

Page

PREFACE1

1. Urgency of topic 1

2. Research status of topic 3

3. Purpose and research tasks of topic 4

4. Scope of research of topic 5

5. Research methods 5

6. Scientific significance and application value of topic 5

7. Thesis layout 6

CHAPTER 1: THEORETICAL ISSUES ON SOLVING 7

LABOR DISPUTES AND LAW ON LABOR DISPUTE RESOLUTION

1.1. Theoretical issues on labor disputes 7

1.1.1. Concept of labor dispute 7

1.1.2. Characteristics of labor disputes 10

1.1.3. Classification of labor disputes 11

1.2. Theoretical issues on labor dispute resolution 13

1.2.1. The role of labor dispute resolution 13

1.2.2. Principles of labor dispute resolution 15

1.2.3. Methods of resolving labor disputes 16

1.3. General legal issues in resolving labor disputes 23

Vietnam and China's actions

1.3.1. Some features of labor law and the system of regulations for resolving 23

China labor dispute

1.3.2. Factors influencing the law on labor dispute resolution 27

Vietnam and China's actions

1.3.3. The necessity of legal adjustment to labor disputes 33 and labor dispute resolution in Vietnam and China

1.3.4. Basic contents regulated by labor law 35

in resolving disputes between Vietnam and China

1.4. The necessity of studying the law on dispute resolution 37

Chinese labor

CHAPTER 2 : : CURRENT LAW ON DISPUTE RESOLUTION 42

LABOR CONTRACTS OF VIETNAM AND CHINA

2.1. Regulations on resolving labor disputes by means of arbitration

Negotiation method under Vietnamese and Chinese law

2.2. Regulations on resolving labor disputes by means of arbitration

Conciliation under Vietnamese and Chinese law

2.3. Regulations on resolving labor disputes by means of arbitration

Arbitration under Vietnamese and Chinese law

2.4. Regulations on resolving labor disputes by means of arbitration

Trial methods in court under Vietnamese and Chinese law CHAPTER 3 : DIRECTIONS AND RECOMMENDATIONS FOR IMPROVEMENT74

VIETNAMESE LAW ON LABOR DISPUTE RESOLUTION

ACTION BASED ON APPLYING SOME EXPERIENCES OF

CHINA

3.1. The need to improve the law on dispute resolution 74

labor law in Vietnam

3.2. Requirements for perfecting the law on labor dispute resolution 82

Vietnam movement

3.3. Applying China's experience in perfecting 85

Vietnam's law on labor dispute resolution in the current conditions of our country

CONCLUSION 98

LIST OF REFERENCES 100

PREFACE

1. Urgency of the topic

The transition from a centrally planned economy to a market economy in Vietnam has greatly affected labor relations in enterprises. There, the rights and obligations of employees and employers are no longer regulated by administrative intervention measures as before, but are completely agreed upon by the parties based on the framework provisions of labor law. However, being governed by the objective laws of the market economy, the conflict of rights and interests between employers and employees is increasingly evident, manifested through the continuous increase in labor disputes. The complexity of labor disputes is increasing, in which many labor disputes have turned into strikes.

To regulate labor relations and disputes arising from those relations, on June 23, 1994, the National Assembly passed the Labor Code. However, in the process of implementation, the provisions of the Labor Code have revealed many shortcomings, not really suitable for reality. Up to now, the Labor Code has been amended and supplemented by the National Assembly in 2002, 2006 and 2007. However, in reality, the Labor Code and documents guiding the implementation of regulations on labor disputes have not yet met the requirements for resolving labor disputes in enterprises in a timely manner, the number of labor disputes and strikes continues to increase and become increasingly complicated.

The above situation requires our State to continue researching and perfecting legal regulations on labor disputes and dispute resolution.

labor to create a legal framework for preventing, limiting and effectively resolving labor disputes and strikes, contributing to ensuring the stable and harmonious development of labor relations in the context of a market economy and world economic integration. At the same time, quickly perfecting the system of agencies and organizations with the authority to resolve labor disputes. To achieve that goal, the prerequisite is to have a legal system regulating labor disputes and resolving labor disputes that is complete, appropriate and feasible in practice. In addition, Vietnamese legislators need to have a direction for research and selectively absorb the provisions of the law on resolving labor disputes of countries with developed legislation in the region in particular and in the world in general in order to flexibly apply them in the process of perfecting Vietnamese law.

Among the countries with advanced legislation, China is the country that most Vietnamese legislative researchers choose and study. One of the basic reasons for choosing China is because this country has many similarities in geography, economy, and socio-politics with Vietnam. In addition, China also has a lot of experience in promulgating and applying laws when transforming to a market economy.

Through comparing the two legal systems of Vietnam and China in regulating labor disputes, I would like to learn about China's experiences to have more information as a basis for proposing solutions to perfect the law on resolving labor disputes, especially to serve the comprehensive revision and supplementation of the Labor Code in 2010.

That is also the reason why I chose the research topic: "Comparison of Vietnamese and Chinese laws on labor dispute settlement" as my master's thesis.

2. Research status of the topic

Labor disputes and labor dispute resolution are not new issues. This issue has been and is being concerned by many legal scholars because Vietnamese labor law regulations on labor dispute resolution are revealing many points that are not suitable and inadequate with reality. However, legal researchers have mostly stopped at studying labor law regulations on labor dispute resolution in the country and have not made many comparisons with foreign labor law regulations on labor dispute resolution. Some researchers have compared with labor dispute resolution regulations of Korea, Japan, Singapore, Malaysia... but this is still limited and especially there are not many articles and research topics on Chinese labor law. Therefore, studying Chinese labor dispute resolution laws and on the basis of that research drawing lessons to apply to practical conditions in Vietnam is a relatively new topic.

Although there have been a number of articles mentioning the provisions of the law on labor dispute settlement in China, they have only stopped at the level of preliminary and general research without going into the analysis of all the provisions, making overall assessments to draw out more progressive points compared to the provisions on labor dispute settlement in Vietnam in order to apply them to the actual conditions of Vietnam. For example, the article "Chinese labor law and the issue of labor dispute settlement" by author Ths. Nguyen Le Thu published in the Electronic Legislative Research Journal (www.thongtinphapluatdansu.wordpress.com) on July 21, 2009 mentioned a number of provisions on labor dispute settlement in China such as: Principles of labor dispute settlement, responsibility for providing evidence,

The statute of limitations for filing a petition at the Conciliation Council, the legal value of the arbitration award, and other advantages of arbitration measures are compared with the provisions of Vietnamese labor law, but to a limited extent, and have not yet compared with all the provisions of Chinese law.

Thus, it can be said that up to now, there has not been any topic that has conducted in-depth research on the issue of labor dispute resolution law in China to draw lessons for application to practical conditions in Vietnam.

3. Purpose and tasks of the research topic

The research topic focuses on the following objectives:

Through the study of related theoretical issues and comparison of current laws of Vietnam and China on labor dispute settlement, the thesis will draw experiences from Chinese law and propose some solutions to improve Vietnamese law.

To achieve the above purpose, the research process needs to perform the following tasks:

Firstly, studying general theoretical issues on labor disputes, labor dispute resolution and laws on labor dispute resolution is the basis for promulgating laws on labor dispute resolution of Vietnam and China.

Second, compare the legal regulations on labor disputes of Vietnam and China to find out the similarities and differences.

Third, learn about China's experiences in promulgating and enforcing laws on labor dispute resolution, thereby considering the possibility of applying China's experiences to Vietnam's practical conditions.

4. Scope of research of the topic

The topic focuses on studying the regulations on labor disputes and labor dispute resolution without mentioning the issue of strikes and strike resolution, although labor disputes are often closely related to strikes. However, due to time and space limitations for a master's thesis topic, the thesis only focuses on the issue of labor dispute resolution by law.

5. Research methods

The topic is researched based on the viewpoints and methodology of Marxism-Leninism and Ho Chi Minh's thought on the state and law to solve problems related to the law on labor dispute resolution between Vietnam and China. At the same time, in the research process, the thesis uses a combination of many methods such as: statistical methods, synthesis, comparison, contrast, synthesis, evaluation and practical survey... The relevant data presented in the thesis is collected and analyzed by the author from the summary reports of the courts, the Department of Labor, War Invalids and Social Affairs... combined with cases mentioned in newspapers, the internet... to prove and clarify the research issues.

6. Scientific significance and applied value of the topic

The research results of the topic can be used as useful reference materials for teaching, learning, and researching issues of labor dispute resolution and labor dispute resolution laws. At the same time, the topic also has certain value for policy makers, agencies, and organizations in researching and continuing to perfect regulations on labor disputes from a legal perspective.

Comparison of Vietnamese and Chinese laws on labor dispute resolution - 1

Comment