Law No. 50/2024/QH15 dated November 27, 2024 on Trade Union
|
NATIONAL
ASSEMBLY OF VIETNAM |
THE
SOCIALIST REPUBLIC OF VIETNAM |
|
Law no.: 50/2024/QH15 |
Hanoi, November 27, 2024 |
Pursuant to Constitution of the Socialist Republic of Vietnam;
The National Assembly issues Law on Trade Union.
Article 1. Vietnam Trade Union
Vietnam Trade Union is a great socio-political organization of the working class and employees. Vietnam Trade Union is founded on the voluntary basis and is a part of the political system of the Vietnamese society, placed under the leadership of the Communist Party of Vietnam. Vietnam Trade Unions are representatives of workers, officials, public employees, and employees (hereinafter referred to as “employees”), together with state agencies, business organizations, social organizations shall care and protect for employees’ legitimate and legal rights and interests. Vietnam Trade Union shall join in state management, eco-social management; supervision and social criticism; examination, inspection, supervision of operations of state agencies, organizations, units, enterprises on issues related to the rights and obligations of employees; and encouraging employees to study, improve knowledge, professional skill, observe law, build and defend the socialist fatherland of Vietnam.
This law provides functions, tasks, powers, and responsibilities of Vietnam Trade Union; employees’ rights to establish, join the trade union and participate in operation of the trade unions; right to join Vietnam Trade Union of internal employee organizations in enterprises; rights and responsibilities of trade union member; responsibilities of the State, agencies, units, enterprises, and employers with respect to Trade Unions; assurance of activities of Trade Unions; settlement of disputes and handling of violations against laws on trade union.
This Law applies to trade unions at all levels, state agencies, political organizations, socio-political organizations, profession-socio-political organizations, profession-social organizations, units, enterprises, and other employers in accordance with laws on labor; foreign agencies, organizations, and international organizations operating within the territory of Vietnam (hereinafter referred to as “agencies, organizations, enterprises”); internal employee organizations in enterprises; trade union members; employees; and other organizations and individuals related to the organization and operation of trade unions.
Article 4. Term interpretation
For the purpose of this Law, the terms below shall be construed as follows:
1. Trade union-related rights mean rights to establish, join the trade unions and participate in operation of the trade unions of employees and trade union members, trade union-related rights organizations in accordance with law and regulations of competent authorities.
2. Grassroots trade unions mean grassroots organization of the Vietnam Trade Union, including trade union members in one or multiple agencies, organizations, or enterprises. They are recognized by the trade unions immediately superior to grassroots trade unions or provincial, central industrial and equivalent trade unions in accordance with the law and charter of the Vietnam Trade Union.
3. Grassroots occupational organizations mean grassroots organizations of the Vietnam Trade Union, including workers without labor relations in the same industry or profession or vulnerable groups of employees. They are recognized by the trade unions immediately superior to grassroots trade unions in accordance with the law and charter of the Vietnam Trade Union.
4. Trade unions immediately superior to grassroots trade unions (hereinafter referred to as “immediate superior trade union(s)”) mean a level of the system of organizations of Vietnam Trade Union, directly carry out rights to recognize and direct the operations of grassroots trade unions, occupational organizations in accordance with law and charter of the Vietnam Trade Union.
5. Trade unions officials mean Vietnamese citizens who are elected, recruited, appointed, and assigned to perform tasks of Trade union organizations. Trade union officials include:
a) Full-time trade unions officials mean persons who are elected, recruited, appointed, assigned for regular tasks of Trade union organizations;
b) Part-time trade union officials mean persons who are elected by trade unions at all levels or assigned by competent authority of Trade unions to positions of sub-chief of a group or higher to be in charge of tasks of Trade union organizations.
6. Trade union members mean employees who are admitted to or recognized as members of the Vietnam Trade Union in accordance with charter of the Vietnam Trade Union.
7. Employers mean agencies, organizations, units, enterprises, cooperatives, cooperative unions, and households, individuals that employ and pay other people for their work in accordance with law.
8. Dispute over trade union-related rights means dispute over the performance of Trade union-related rights between employees, trade union members, Trade union organizations and employers; or disputes over matter related to organization, operations of trade unions between Trade union organizations and internal employee organizations in enterprises.
9. The charter of Vietnamese Trade Union means document passed by Vietnamese Trade Union Congress, regulating on guideline, purpose, principle of organization and operation, organizational structure of Trade Union machine; conditions, order and procedures for establishing, joining, dissolving and terminating operation of trade unions; rights and responsibilities of trade union organizations at all levels; rights and responsibilities of trade union members; finance and assets of trade unions; other contents related to trade union organization and operation. The charter of the Vietnam Trade Union must be in accordance with the Constitution, law, and regulations of competent authorities.
1. Vietnamese employees have the right to establish, join the trade unions and participate in the operation of the trade unions.
2. Foreign employees working in Vietnam under an employment contract with a term of 12 months or more are allowed to join and participate in operation at the grassroots trade unions.
3. The establishment, accession to the trade unions and participation in operation of the trade unions shall comply with the charter of the Vietnam Trade Union, this Law and relevant laws.
Article 6. Accession of internal employee organizations in enterprises to the Vietnam Trade Union
Internal employee organizations in enterprises that are established and operate legally on a voluntary basis, in accordance with the charter of the Vietnam Trade Union, has the right to join the Vietnam General Confederation of Labor. The regulations on joining the Vietnam Trade Union are as follows:
1. The application for joining Vietnam Trade Union includes:
a) Application for joining Vietnam Trade Union;
b) Copies of documents showing the legality of the internal employee organization in an enterprise;
c) Document showing the decision of the employee organization at the enterprise on joining the Vietnam Trade Union; the procedure for approving the decision to join the Vietnam Trade Union shall comply with laws on labor;
d) List with signatures of members voluntarily joining the Vietnam Trade Union;
d) Documents and agreements in accordance with relevant laws on resolving the rights and obligations of the internal employee organization in an enterprise and related members;
2. Procedures for joining Vietnam Trade Union:
a) The internal employee organization in an enterprise shall send the application specified in clause 1 of this Article to competent provincial, central industrial, and equivalent trade unions;
b) Upon receiving a complete application as prescribed in Clause 1 of this Article, provincial, central industrial, and equivalent trade unions shall consider and recognize the accession of internal employee organizations in enterprises to the Vietnam Trade Union; in case of refusal, a written response must be given stating the reasons;
3. When the accession to the Vietnam Trade Union is recognized:
a) Internal employee organizations in enterprises shall stop operating as internal employee organizations in enterprises. Provincial, central industrial and equivalent trade unions shall notify state regulatory authorities with competence to grant registration about reorganization results to revoke the granted registration;
b) Employees who are members of internal employee organizations in enterprises, voluntarily and are eligible to join the Vietnam Trade Union in accordance with the charter of the Vietnam Trade Union shall be recognized as trade union members;
4. Vietnam General Confederation of Labor shall provide guidance on accession of internal employee organizations in enterprises to the Vietnam Trade Union specified in this Article.
Article 7. Rules for organization and operation of Vietnam Trade Union
1. Trade unions are established on a voluntary basis; organized and operate under the principle of democratic centralism; cooperate with employers, while ensuring the independence of the trade union organization.
2. Trade unions shall be organized and operate under the Charter of Vietnamese Trade Union in accordance with lines, guidelines of Communist Party of Vietnam, and policies and laws of the State.
Article 8. Organizational system of Vietnam Trade Union
1. Vietnam Trade Union is a unified organization consisting of the following 4 levels:
a) Central level: Vietnam General Confederation of Labor;
b) Provincial, central industrial, and equivalent trade unions: labor federations of provinces and centrally affiliated cities (hereinafter referred to as provincial labor federations); central industrial trade unions; trade unions of business groups, and trade unions of corporations affiliated to the Vietnam General Confederation of Labor;
c) Trade unions immediately superior to grassroots trade unions: labor federations of districts, district-level towns, cities affiliated to provinces, cities under centrally affiliated cities (hereinafter referred to as district-level labor federations); local industrial trade unions; trade unions of business groups, and trade unions of corporations not falling under the cases specified in Point b of this Clause; trade unions of industrial parks, export processing zones, economic zones, high-tech zones; trade unions immediately superior to grassroots trade unions as prescribed in the Charter of the Vietnam Trade Union;
d) Grassroots trade unions: grassroots trade unions, occupational organizations.
2. The Vietnam General Confederation of Labor shall decide to establish and determine the level for trade unions in special administrative-economic units based on the National Assembly's decision on the establishment of special administrative-economic units.
3. The model of trade union organization shall be developed in an open and flexible direction, in line with the legitimate needs and aspirations of trade union members and employees, practical requirements, and laws. The Vietnam General Confederation of Labor shall provide guidance on implementation of this clause.
4. Conditions, procedures and documentation for establishment, dissolution and termination of operation of Trade Union organizations shall comply with the Charter of Vietnam Trade Union.
Article 9. International cooperation in Trade Union
1. International cooperation in Trade Union shall follow lines, guidelines of Communist Party of Vietnam, foreign policies, the Constitution, laws, regulations on people's foreign affairs and international treaties to which the Socialist Republic of Vietnam is a member.
2. International cooperation in Trade Union shall perform on the basis of respecting independence, sovereignty and territorial integrity, ensuring the principles of equality, respect for political institutions and non-interference in each other's internal affairs; increase the position and prestige of Vietnam and the Vietnamese Trade Union in the international arena.
3. Contents of international cooperation in Trade Union include:
a) Information and propaganda on lines, guidelines, foreign policies and achievements in socio-economic development of Vietnam;
b) Training and refresher training to improve the capacity of trade union officials;
c) Sharing experiences in trade union activities and international workers' movements; carrying out international solidarity and support activities;
d) Establishing cooperative relationships; negotiating, concluding, and implementing bilateral and multilateral cooperation commitments and agreements; representing national workers in international forums; participating in the operation of, joining, or withdrawing from international trade union organizations;
d) Mobilizing, coordinating, approving, receiving, and managing the use of aid, sponsors, and technical support from international partners for the Trade Union in accordance with the law;
e) Receiving and awarding forms of commendation;
g) Performing other people's foreign affairs activities in accordance with the functions and tasks of the Vietnam General Confederation of Labor.
4. The Vietnam General Confederation of Labor shall provide guidance on and manage international cooperation activities in accordance with this Law and relevant laws.
1. Obstructing or causing difficulties in exercising trade union rights.
2. Discriminating against workers, trade union officials for reasons of establishing, joining trade unions, or participating in trade union activities, including the following acts:
a) Requesting others to join, not join or leave the Vietnam Trade Union in order to be recruited, conclude or renew employment contract or working contract;
b) Dismissing, disciplining, and unilaterally terminating employments contracts, working contracts; refusing to renew employment contracts, working contracts; assigning employees tasks that are not specified in the contracts;
c) Discriminating in terms of salaries, bonuses, benefits, working hours, and other rights and obligations in labor;
d) Discrimination regarding gender, ethnicity, religion, belief and other discrimination in labor;
dd) Providing false information to discredit the reputation and honor of trade union officials;
e) Promising or providing material or non-material benefits so that employees or trade union officials will not participate in trade union activities, stop working as union officials, or act against the Trade Union;
g) Exerting control in, hindering, and causing difficulties to weaken trade union operation;
h) Other acts as prescribed by law.
3. Using economic measures, threatening or other measures to create disadvantages to trade union organizations, intervening, manipulating the process of establishment, operation of the trade union, weakening or disabling the performance of the functions, duties, rights, responsibilities of the Trade unions.
4. Failing to ensure the conditions for trade union operation and trade union officials as prescribed by law.
5. Failure to transfer trade union contributions; delaying transferring trade union contributions; failure to transfer trade union contributions at prescribed rates; transferring trade union contributions that do not match the number of members; managing and using trade union contributions against applicable regulations.
6. Receiving aid, donation, or technical support against the law.
7. Taking advantage of trade union rights to violate the law, infringe on the interests of the state, legitimate rights and interests of agencies, organizations, units, enterprises, individuals.
8. Providing false information, inciting, distorting, defaming trade union organizations and operations.
RIGHTS AND RESPONSIBILITIES OF TRADE UNIONS AND TRADE UNION MEMBERS
Section 1. RIGHTS AND RESPONSIBILITIES OF TRADE UNIONS
1. Vietnam General Confederation of Labor is the only national organization representing employees in labor relations; is a member of national committees, steering committees, and councils related to the legitimate and legal rights and interests of employees and the rights and responsibilities of Trade union organizations.
2. Representing for labor collectives in agreement of, conclusion and supervision of the implementation of collective labor accord in accordance with laws on labor.
Proactively negotiating with employers and representative organizations of employers to support and provide more favorable policies and conditions than those prescribed by labor laws.
3. Acting as legal representative for the labor collective to file labor lawsuits at the Court when the legal and legitimate rights and interests of the labor collective are violated.
Acting as authorized representatives of employees to file labor lawsuits at the Court when the employee's legal and legitimate rights and interests are violated, except in cases where the law on legal proceeding provides otherwise.
4. Representing employees, groups of labor collectives in civil, administrative proceedings related to labor, administrative cases, bankruptcy of enterprises to protect the legal and legitimate rights and interests of employees, groups of labor collectives as prescribed by law.
5. Participating in formulating, issuing and supervising the implementation of pay scale, payroll, labor rates, regulations on salary payment, rewards; internal labor regulations; plans, internal regulations, procedures, measures to ensure labor safety, hygiene; regulations on implementing democracy in agencies, organizations, units, enterprises, and other documents, contents as prescribed by law.
6. Cooperating with employers in organizing meetings of officials, public employees, employees as prescribed by law on implementation of grassroots-level democracy.
7. Conducting dialogue at the workplace with employers on issues related to the legal rights, interests, and obligations of employees as prescribed by law.
8. Organizing activities to care for and improve the living standards, cultural, and spiritual life; encouraging, rewarding union members and employees; supporting union members and employees when they are sick, pregnant, in a difficult situation, or distressed; and organizing other caring activities.
9. Providing support in training, vocational training, and job search; providing guidance and advice to employees on the rights and obligations of employees when concluding and implementing employment contracts and working contracts.
10. Organizing legal assistance activities for trade union members, employees. Forms of legal assistance include:
a) Providing legal advice through guidance, providing opinions, assisting in drafting documents related to disputes, complaints, and difficulties regarding law; providing guidance and assistance to parties in reconciling, negotiating, and agreeing on the settlement direction of the case;
b) Participating in legal proceedings as a protector of legal rights and interests or a defender in accordance with the law on legal proceedings;
c) Representing out-of-court before competent state agencies.
11. Investing in the construction of related social housing, cultural, sports works, and technical infrastructure to serve trade union members, employees as prescribed by law.
12. Ensuring gender equality and promoting gender equality measures in representing, caring for, and protecting the legal and legitimate rights and interests of trade union members, employees.
13. Providing instruction and guidance on operation of the People’s Inspectorate at state agencies, units, state-owned enterprises as prescribed by law on implementation of grassroots-level democracy.
14. Managing, providing guidance on operation of the network of occupational safety and hygiene officers; participating in investigation of occupational accidents as prescribed by law occupational safety and hygiene.
15. Joining competent agencies, organizations, and individuals, in resolving labor disputes as prescribed by law.
16. Requesting competent agencies, organizations, individuals to review and settle the legal and legitimate rights and interest of labor collective or laborers that are breached.
17. Organizing and leading of strikes as prescribed by law.
Article 12. Participation in the state management and eco-social management
1. Together with state agencies, participating in formulating policies, laws on socio-economics, labor, employment, salary, social insurance, and unemployment insurance, health insurance, occupational safety and hygiene, and other policies and laws related to trade unions, rights and obligations of employees.
2. Together with state agencies, participating in protecting the legal and legitimate rights and interests of employees regarding social insurance, unemployment insurance, health insurance, occupational accident and disease insurance.
3. Participating in the formulation and implementation of regulations on implementation of democracy at agencies, organizations, units, and enterprises.
4. Implementing the rights and responsibilities of the Trade Union in occupational safety and hygiene in accordance with the laws on occupational safety and hygiene.
5. Implementing measures to support and protect trade union members, trade union officials, and grassroots trade unions; providing guidance and assistance in collective dialogue, bargaining, conclusion and implementation of collective bargaining agreements for substantive guarantee. Participating in building progressive, harmonious, and stable labor relations.
6. Providing, connecting, and sharing information, data about the trade union organization and operation with state regulatory authorities as prescribed by law.
7. Proposing to competent state agencies for review and settlement of proposals, feedback, complain, denunciations of employees, labor collectives and other issues of concern to union members and employees.
8. Organizing and cooperating in the organization of emulation movements in the nationwide, administrative divisions, agencies, organizations and enterprises as prescribed by law.
Article 13. Submitting bills or ordinance, resolution projects and proposals of law-making
1. The Vietnam General Confederation of Labor has the right to submit to the National Assembly Standing Committee and the National Assembly proposals for the formulation of laws, ordinances, and resolutions; submit draft laws and draft resolutions to the National Assembly and submit draft ordinances and draft resolutions to the National Assembly Standing Committee.
2. Trade Unions at levels has the right to propose to competent State agencies for formulation, amendments to policies, laws related to Trade Unions, rights and obligations of employees.
Article 14. Participation in meetings and conventions
1. The chairman of Vietnam General Confederation of Labor shall be invited to attend meetings of the National Assembly, the National Assembly Standing Committee, the Government and central agencies and organizations when discussing and deciding on issues related to the rights and obligations of trade union members, employees, trade union organizations and socio-economic development.
2. The chairman of the province-level and district-level labor federations shall be invited to attend meetings and conventions of the Standing Committee of the People's Council, the People's Council, the People's Committee at the same level, and relevant agencies and organizations when discussing issues related to the rights and obligations of trade union members, employees, trade union organizations, and socio-economic development in the area.
3. Chairmen of central industrial and local trade unions; trade unions of business groups, corporations; trade unions of industrial parks, export processing zones, economic zones, high-tech zones; and immediate superior trade unions shall be invited to attend meetings and conventions of specialized agencies, relevant agencies, and organizations when discussing issues related to the rights and obligations of trade union members, employees, and trade union organizations.
4. The Chairman of the grassroots trade union shall be invited by the employer to attend meetings and conventions related to the rights, obligations and responsibilities of trade union members, employees and trade union organizations.
Article 15. Participation in inspection of operations of agencies, organizations, and enterprises
1. Trade unions shall participate in and cooperate with competent state agencies in inspecting the implementation of regimes, policies and laws on trade unions, labor, employment, salaries, officials, public employees, social insurance, unemployment insurance, health insurance, occupational safety and hygiene and other regimes, policies and laws related to the rights and obligations of employees.
2. When inspecting contents directly related to the legal and legitimate rights and interests of employees and trade unions, competent state agencies have the responsibility to invite trade representatives of Trade unions.
3. When participating in inspections, representatives of Trade unions have tasks, powers and responsibilities in accordance with relevant laws and the following rights and responsibilities:
a) Requesting agencies, organizations and enterprises to provide information, documents and explanation concerned problems;
b) Proposing prevention, remedial measures and handling violations against the law;
c) Requesting responsible agencies, organizations, units, enterprises, and individuals to immediately take remedial measures to ensure occupational safety and hygiene, including suspending operations in case of detecting workplaces with harmful or dangerous factors to the health and lives of employees.
Article 16. Trade unions’ supervision
1. Trade unions’ supervision includes participation in supervision with competent state agencies and activities of presiding over supervision.
2. The Trade Union's participation in supervision with competent state agencies shall comply with the Law on the Vietnam Fatherland Front and other relevant regulations.
3. The supervision of the Trade Union has a social nature, including monitoring, detecting, reviewing, assessing, and proposing in the development and implementation of policies and laws regarding trade unions, labor, employment, salaries, social insurance, unemployment insurance, health insurance, occupational safety and hygiene, collective bargaining agreements, implementation of grassroots democracy, and other relevant regimes, policies, and laws directly related to the legal and legitimate rights and interests of employees Trade Union organizations.
4. The supervision of the Trade Unions with respect to employers, agencies, organizations related to content subject to supervision shall be carried out in accordance with this Law, other relevant laws, and ensure the following principles:
a) Objective, public and transparent;
b) Based on the legitimate requirements and wishes of Trade Union members, employees;
c) Not overlapping in content and time with other inspection and supervision; not hindering the normal operations of employers, agencies, and organizations under supervision.
5. Trade unions’ activities of presiding over supervision are carried out in the following forms:
a) Through studying, reviewing documents, reports from employers, agencies, organizations under supervision;
b) Through dialogue with employers, staff meetings as regulated by the law on implementation of grassroots democracy;
c) Through the operation of the People’s Inspectorate in state agencies, units, state-owned enterprises;
d) Through organizing Commission of Supervision.
6. When carrying out supervision, the Trade Unions have the following rights and responsibilities:
a) Developing a supervision program, plan including content, forms, targets, time, and other necessary contents to ensure the implementation of supervision;
b) Notifying in advance the supervisory program, plan and requesting employers, agencies, relevant organizations to report in writing or provide information, relevant documents regarding the supervision content;
c) Requesting employers, agencies, organizations subject to supervision to exchange, clarify necessary issues through supervision;
d) Proposing to employers, agencies, organizations subject to supervision or competent persons for consideration for applying measures to protect the legal and legitimate rights and interests of employees, agencies, organizations, individuals, and the interests of the State;
dd) Proposing for review of the responsibilities of employers, agencies, organizations subject to supervision, and individuals whose violations of the law discovered through supervision;
e) Notify the supervision results to employers, agencies, organizations subject to supervision and related agencies, organizations, individuals;
g) Taking responsibilities for the proposal put forward after supervision; monitoring, urging the implementation of these proposals after supervision; reviewing, responding to feedbacks regarding the results of supervision.
7. Employers, agencies, organization subject to supervision have the following right and responsibilities:
a) Be notified about the contents and plans for supervision;
b) Arrange time, place, working components as required by the commission of supervision;
c) Exchange, clarify on the supervision content within their responsibilities;
d) Request a review of the supervision results and proposals after supervision when necessary;
dd) Comply with the requests and proposals specified in points b, c, d, and dd of Article 6 of this Law;
e) Implement proposals after supervision.
Article 17. Trade unions’ social criticism
1. The Trade Union has the right and responsibility to participate in social opinions and criticism on draft legislative documents, planning, plans, programs, projects, schemes of state agencies directly related to the rights and interests of trade union members, and employees.
Trade Union's social criticisms are studied, received, and explained in accordance with law.
2. The Trade Unions shall propose content and carry out social criticism in accordance with the Law on Vietnam Fatherland Front and other relevant laws.
Article 18. Encouraging and educating employees
1. Propagate policies, guidelines of Communist Party of Vietnam, policies and laws of the State related to Trade Unions, employees; charter of the Vietnam Trade Union and other regulations of the Trade unions.
2. Encourage and educate employees to improve their cultural-political level, expertise, profession, professional skills, work etiquette, awareness of compliance with laws, internal regulations of agencies, organizations, units, and enterprises, implement gender equality, prevent sexual harassment in the workplace and discrimination.
3. Encourage and educate employees to actively participate in patriotic emulation movements, movements of improving labor productivity and work efficiency, practicing thrift, combating waste, fighting against corruption, misconduct, and violations of the law launched by chairmen of trade unions at all levels and heads of agencies, organizations, units, and enterprises.
1. Trade unions have the right and responsibility to recruit trade union members, establish grassroots trade unions and occupational organizations.
2. Provincial, central industrial, and equivalent trade unions, immediate superior trade unions have the right and responsibilities to send trade union officials to agencies, organizations, units, enterprises, cooperatives, and cooperative unions to encourage, and guide employees to join and establish grassroots trade unions.
3. Immediate superior trade unions shall encourage meet, and guide workers without labor relations to join and establish grassroots occupational organizations.
4. Grassroots trade unions and occupational organizations shall encourage, and meet with employees to join the Trade Unions.
5. In cases where employees establish grassroots trade unions and occupational organizations themselves, the Trade Union shall provide guidance and support for employees to form mobilization committees to establish grassroots trade unions and occupational organizations in accordance with the Charter of the Vietnam Trade Union.
6. Local government, specialized agencies under the People's Committees at all levels, and other relevant agencies and organizations shall create favorable conditions for all levels of trade unions to exercise their rights and responsibilities in encouraging employees to join, and establishing grassroots trade unions and occupational organizations.
1. In places where grassroots trade unions have not yet been established, Trade unions have the right and responsibility to represent and protect the legal and legitimate rights and interests of employees when requested by employees there or when suspecting that the employer is infringing upon the legal and legitimate rights and interests of employees, except in the cases specified in Clause 2 of this Article.
2. Organization of dialogue at the workplace and collective bargaining shall comply with labor laws.
Section 2. RIGHTS AND RESPONSIBILITIES OF TRADE UNION MEMBERS
Article 21. Trade union-related rights members
1. Request Trade Unions to represent and protect their legal and legitimate rights and interests upon being infringed.
2. Be informed, discuss, propose, and vote on the work of Trade Unions.
3. Be informed Communist Party of Vietnam's lines and guidelines, policies and laws of the State related to Trade Unions, employees, and the regulations of Trade Unions.
4. Self-nominate, nominate, and elect the agency of Trade Union leaders under regulations of this Law and the Charter of Vietnam Trade Union.
5. Question leaders of trade unions at all levels; propose handling of Trade Union’s officials committing violations against the Charter of the Vietnam Trade Union.
6. Receive free legal assistance from the Trade Unions on matter related to trade unions, labor, employment, social insurance, unemployment insurance, health insurance, occupational safety and hygiene, officials, and public employees.
7. Receive consultation, guidance, and support in finding a job, vocational training, improving professional skills, and vocational skills; receive assistance when being ill, pregnant, facing difficulties, or accidents and benefit from other welfare activities carried out by the Trade Unions.
8. Participate in cultural, sports activities, tours organized or co-organized by Trade Unions.
9. Propose to Trade Unions to propose to agencies, organizations, units, enterprises, cooperatives, and cooperative unions on matters regarding the implementation of regimes, policies, and laws concerning employees.
10. Benefit from social housing policies of the Vietnam General Confederation of Labor.
11. Be commended and rewarded for achievements in labor, production, and trade union operation.
12. Other rights as stipulated by relevant laws and the Charter of the Vietnam Trade Union
Article 22. Responsibilities of trade union members
1. Comply with and implement the Charter of the Vietnam Trade Union, resolutions, and regulations of Trade Unions; participate in trade union activities and contribute to building a strong Trade Union.
2. Engage in continuous learning to enhance political awareness, cultural knowledge, professional expertise, vocational skills, work etiquette; cultivate the qualities of a working-class citizen; live and work in accordance with the Constitution and laws.
3. Cooperate, assist colleagues in work and life; improve labor productivity, quality, and efficiency; protect legal and legitimate rights and interests of employees and Trade Union organizations; participate in building progressive, harmonious, and stable labor relations.
RESPONSIBILITIES OF THE STATE, EMPLOYERS WITH RESPECT TO TRADE UNIONS
Article 23. Responsibilities of the State with respect to trade unions
1. Ensure, support, cooperate, and create conditions for Trade Unions to fulfill its functions, tasks, rights, and responsibilities as prescribed by law.
2. Disseminate, popularize, and promote legal knowledge about trade unions, labor, and other regulations related to the rights and obligations of employees.
3. Inspect, supervise, and handle violations against laws concerning trade unions, labor, and other relevant laws directly related to the legal and legitimate rights and interests of employees; together with the Trade Union, take care and ensure the legal and legitimate rights and interests of employees.
4. Seek the opinions of Trade Unions when formulating policies and laws directly related to the trade unions and the rights and obligations of employees.
5. Cooperate with and enable the Trade Union to participate in state management, socio-economic management, representation, and protection of the legal and legitimate rights and interests of employees; prioritize the recruitment of full-time trade union officials matured from the grassroots, employees matured in the labor movement, and trade union activities.
6. Promptly address the Trade Union's proposals related to taking care of, protecting the legal and legitimate rights and interests of employees, and trade union operation.
7. The government, ministries, ministerial agencies, and local governments shall provide necessary information and documents for the Trade Union to participate in social opinions and criticism in the development of policies, laws, planning, projects, programs and schemes of state agencies directly related to trade unions, the rights, and interests of trade union members, and employees.
Article 24. Relation between Trade Unions with the State, employers
The relation between Trade Unions with the State, employers is relation of cooperation to implement functions, powers and responsibilities of parties as prescribed by law, contribute in establishing harmonious, stable and progressive labor relation.
Article 25. Responsibilities of employers with respect to Trade unions
1. Acknowledge, respect, create conditions, and do not obstruct or create difficulties when employees engage in lawful activities to establish, join, and participate in operation of trade unions.
2. Cooperate with Trade Unions in fulfilling the functions, rights, responsibilities, and duties of the parties as prescribed by law.
3. Cooperate with the Trade Union of their organization, institution, unit, or enterprise in establishing, issuing, and implementing regulations on cooperation activities between the two parties.
4. Acknowledge and enable grassroots trade unions to exercise their rights and responsibilities as prescribed by law.
5. Exchange, promptly provide complete, accurate information related to the organization and operation as required by law when requested by Trade Unions, except otherwise prescribed.
6. Cooperate with Trade Unions in organizing dialogues, collective bargaining, concluding and implementing collective bargaining agreements, and regulations on the implementation of grassroots-level democracy; organize staff meetings as required by law.
7. Seek the opinion of Trade Unions before deciding on issues related to the rights and obligations of employees as required by law.
8. Cooperate with the Trade Union in resolving labor disputes and issues related to the implementation of labor laws in accordance with law.
9. Ensure the conditions for trade union operation, trade union officials in accordance with the law, and transfer trade union contributions as specified by this Law.
ASSURANCE OF TRADE UNION OPERATION
Article 26. Assurance of apparatus organization, trade union officials
1. The organizational structure and the number of officials and employees of trade unions at all level shall be ensured to carry out their functions, rights, and responsibilities as prescribed by law.
2. The Vietnam General Confederation of Labor shall establish the organizational structure, job positions, and titles of trade union officials to submit to the competent authority for decision or to decide under its authority.
3. Depending on requirements and tasks of each grassroots trade union and the quantity of employees in agencies, organizations, and enterprises, the agency in charge of managing officials shall designate full-time trade union officials.
Article 27. Assurance of conditions of trade union operation
1. Agencies, organizations, units, and enterprises are responsible for provide working place, working devices and necessary condition for trade union at the same level
2. Part-time trade union officials, such as the chairman and vice chairmen, may use 24 working hours per month; members of the committee, chief of, and sub-chief of the trade union group may use 12 working hours per month to do work related to the trade union and be paid by employers. Depending on the scale, nature, and type of agencies, organizations, and enterprises, the grassroots Trade Union Committee and employers may reach an agreement on the additional time for doing trade union-related works.
3. Part-time trade union officials are entitled to full paid leave while attending congresses, meetings, conferences, seminars, and training sessions convened by the superior trade unions that are not included in hours specified in point 2 of this Article; travel, food, accommodation, and living expenses in such days are covered by the convening trade union.
4. Part-time trade union officials whose salary is paid by the employer are entitled to liability allowance for trade union officials as prescribed by Vietnam General Confederation of Labor.
5. The full-time trade union officials, whose salary is paid by Trade Unions, shall be ensured collective interests and welfares like those of employees working in agencies, organizations, and enterprises by employers.
Article 28. Assurance for trade union officials
1. If the employment contract or working contract of a part-time trade union official expires while he/she is still in his/her tenure, his/her employment contract or working contract shall be extend till the end of his/her tenure.
2. Employers are not allowed to unilaterally terminate, dismiss, and reassign part-time trade union officials if there are no written agreements of the immediate superior trade unions. If not reaching agreement, both parties must report to competent agency, organization. After 30 days from the date of notifying the competent agency or organization, the employer has the right to make a decision and must take responsibility for their decision.
3. If the employer unilaterally terminates dismiss, reassign part-time trade union officials, the Trade Union shall request competent state agencies to interfere or represent to initiate a labor dispute lawsuit in court to protect the legal rights and interests of the trade union official, except in cases where the trade union official declines.
If the part-time trade union officials cannot return to their previous job, the Trade Union shall provide support in finding a new job. During the period of unemployment, financial support can be provided from the trade union contributions as per the regulations of the Vietnam General Confederation of Labor.
Article 29. Finance of Trade Union
1. Financial sources of Trade Union include:
Trade Union fees paid by trade union members as prescribed in the Charter of the Vietnam Trade Union;
b) Trade union contributions from agencies, organizations, units, enterprises, cooperatives, and cooperative unions, which are 2% of the payroll fund used as the basis for compulsory social insurance premiums for employees;
c) Support from the state budget;
d) Other sources from cultural, sports activities, economic activities of Trade Unions; from projects assigned by the state; from legal aid, donation from domestic and foreign organizations and individuals in accordance with law.
2. The government shall provide the methods, deadlines for payment of trade union contributions, and sources thereof; case of failing to pay or late-payment of trade union contributions; and the content of state budget support as stipulated in point c of clause 1 of this Article.
Article 30. Exemption, reduction, suspension of payment of trade union contributions
1. Enterprises, cooperatives, and cooperative unions that undergo dissolution or bankruptcy in accordance with law may be considered for exemption from trade union contributions that have not been transferred.
2. Enterprises, cooperatives, and cooperative unions facing economic difficulties or force majeure circumstances may be considered for a reduction in trade union contributions.
3. Enterprises, cooperatives, or cooperative unions facing difficulties and resulting in suspension of production or business that hinders their ability to transfer trade union contributions may be considered for a suspension of payment of trade union contributions for up to 12 months.
After the suspension period, the entities must resume transferring trade union contributions and make up for the amounts that were not transferred during the suspension period. The deadline for making up missed payments is no later than the last day of the month following the end of the suspension period, with the amount equal to the payments due for the months of suspension.
4. The government, in agreement with the Vietnam General Confederation of Labor, shall provide regulations on exemption, reduction, and suspension of payment of trade union contributions; detail other regulations of this Article.
Article 31. Management and use of trade union finance
1. The finance of trade unions is used to serve trade union operation and ensure the following principles:
a) The management and use of trade union finance must adhere to principles of centralization, transparency, accountability, efficiency, decentralization and delegation of authority, and linking authority and responsibility of trade unions at all levels;
b) Trade union organizations at all levels shall carry out accounting, statistics, reporting, and financial settlement tasks according to laws on accounting and statistics;
c) Trade unions shall manage and use their finances in accordance with the law and the regulations of the Vietnam General Confederation of Labor.
2. The finance of trade unions is used for the following tasks:
a) Representing and protecting the legal and legitimate rights and interests of trade union members and employees; participating in building progressive, harmonious and stable labor relations;
b) Disseminating, popularizing, and educating on the lines and guidelines of Communist Party of Vietnam, policies, and laws of the State; improving the knowledge, expertise, skills, and work ethics of union members and employees;
c) Visiting, providing allowances to trade union members and employees in times of illness, maternity, difficulties, or accidents; organizing other welfare activities for trade union members and employees;
d) Recruiting trade union members, establishing grassroots unions, professional unions, and building a strong Trade Union;
d) Providing training and refresher training for trade union officials; outstanding employees to become potential officials for Communist Party of Vietnam, State, and Trade Union organizations.
e) Organizing emulation movements chaired or jointly launched by the Trade Unions;
g) Organizing cultural, sports, recreational, and tourism activities for union members and employees.
h) Rewarding and motivating employees and their children with academic and work achievements;
i) Investing in social housing for lease for trade union members and employees; relevant cultural, sports facilities, and technical infrastructure for trade union members and employees in accordance with law;
k) Gender equality activities aligned with the functions and tasks of the Trade Union organizations.
l) Scientific and technological research, innovation and digital transformation of the Trade Union organizations.
m) Administrative management expenditures for operations of Trade Union organizations at all levels and international cooperation activities of Trade Unions;
m) Payments of salary, allowances, and deductions for full-time trade union officials; activity allowances for part-time trade union officials;
o) Providing assistance to part-time trade union officials during unemployment or when they cannot return to their previous jobs due to unlawful termination of their employment contracts, working contracts or dismissal.
o) Providing assistance to grassroots trade unions eligible for exemption, reduction, or suspensions of payment of trade union contribution as specified in Article 30 of this Law to care for trade union members and employees
q) Social activities organized or co-organized by Trade Unions.
h) Other expenditures as prescribed by law.
3. The preparation and implementation of estimates, accounting, settlement, and disclosure of state budget support funds shall comply with the law on state budget, accounting, and statistics.
4. The Vietnam General Confederation of Labor shall organize the hierarchy of collection and distribution of trade union contributions. In places where there are internal employee organizations in enterprises, the amount of trade union contributions allocated to grassroots levels is distributed based on the number of members participating in compulsory social insurance, the contribution amount, and the total number of employees participating in compulsory social insurance.
5. After consultation with the government, the Vietnam General Confederation of Labor shall issue standards, norms, and policies for spending, management, and use of trade union finances aligned with requirements of tasks of the Trade Unions.
6. The Government shall detail the management and use of trade union contributions of internal employee organizations in enterprises.
Article 32. Property of Trade Union
1. Property of Trade Union is obtained from contributions of trade union members, capital sources of Trade unions; financing of trade unions; assets built or purchased using state budgets and other sources in accordance with the law.
2. The management, use of property of trade unions shall be carries out as follows:
a) The management and use of trade union property at the Vietnam General Confederation of Labor, provincial labor federations, central industrial and equivalent trade unions; district-level labor federations; local industrial trade unions; trade unions of economic groups; trade unions of corporations; trade unions of industrial parks, export processing zones, and high-tech zones; public service providers of Trade unions; wholly state-owned enterprises; and partially state-owned enterprises in accordance with laws on management and use of public property and other relevant laws;
b) The management and use of trade union property not specified in point a of this clause are carried out according to relevant laws and the Vietnam General Confederation of Labor.
3. The Vietnam General Confederation of Labor shall exercise the rights and responsibilities of the owner, the owner's representative body for enterprises where the Vietnam General Confederation of Labor holds 100% charter capital, and the portion of capital of the Vietnam General Confederation of Labor in enterprises is established by the Trade Union or entrusted for management.
Article 33. Inspection, audit and supervision of trade union finance
1. The management and use of trade union finances at all levels must be inspected and audited in accordance with the regulations of the Vietnam General Confederation of Labor and aligned with laws in auditing and relevant laws.
2. The superior trade unions shall provide guidance, inspect, and supervise the implementation of financial tasks of the subordinate trade unions in accordance with the law and the regulations of the Vietnam General Confederation of Labor.
3. Competent authorities shall conduct inspections, audits, and supervision of the management and use of trade union finances in accordance with law.
4. Every two years, the Vietnam General Confederation of Labor shall report to the National Assembly on their revenue, expenditure, and management of trade union finances.
5. Every two years, the State Audit Office shall audit the management and use of trade union finances and report the results to the National Assembly at the same time as the report specified in clause 4 of this Article; conduct ad hoc audits as requested by the National Assembly or its Standing Committee.
Article 34. Public disclosure of trade union finance
Trade unions at all levels must annually disclose their finances at trade union executive committee meetings in one of the following methods:
1. Posting at the workplace of the agency, organization, unit, enterprise;
2. Written notification to relevant agencies, organizations, units, enterprises, individuals;
3. Announcement at annual staff meetings;
4. Posting on the websites of the agency, organization, unit, enterprise.
SETTLEMENTATION OF DISPUTES OVER TRADE UNION RIGHTS, HANDLING OF VIOLATIONS OF LAW ON TRADE UNION
Article 35. Settlement of disputes over trade union rights
1. The settlement of disputes over trade union rights in labor relations is carried out in accordance with labor laws.
2. The settlement of disputes over trade union rights in other relations is carried out in accordance with relevant laws.
3. For disputes over trade union rights concerning employers failing or refusing to fulfill obligations towards the Trade Union not covered in clauses 1 and 2 of this Article, the grassroots trade union or the immediate superior trade union shall propose to the competent state agency to resolve the matter in accordance with the law.
Article 36. Handling of violations of law on trade union
1. Agencies, organizations, enterprises or individuals committing violations against this Law or other laws relating to trade union, shall, depending on nature and extent of violations, be disciplined, sanctioned, or prosecuted as prescribed by law.
2. The Government shall detail sanctions of administrative violation against law on trade union.
This Circular comes into force from July 01, 2025.
Law on Trade Union No. 12/2012/QH13 ceases to be effective from the date this Law comes into force.
This Law was ratified by the 15th National Assembly of the Socialist Republic of Vietnam at its 8th session on November 27, 2024.
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