Law on Trade Unions 1957 No. 108-SL/L10

LAW

TRADE UNION DECREE NO. 108/SL-L10 ON NOVEMBER 5, 1957

OF THE PRESIDENT OF THE DEMOCRATIC REPUBLIC OF VIETNAM

THE PRESIDENT OF THE DEMOCRATIC REPUBLIC OF VIETNAM

ISSUES THE DECREE:

NOW ISSUES THE TRADE UNION LAW which has been voted on during the seventh session of the National Assembly; as follows:

LAW

TRADE UNION

To clarify the role, tasks, and rights of the Trade Union organization under the people's democratic regime led by the working class, to create favorable conditions for the development and consolidation of the working class organization, to enhance the positive impact of the Trade Union in the construction of state power, economic development, cultural advancement, to consolidate the northern region, gradually advance it towards socialism, and establish a foundation for national reunification and the construction of a peaceful, unified, independent, democratic, and prosperous Vietnam.

NOW ISSUES THE TRADE UNION LAW as follows:

PART I

GENERAL PROVISIONS

Article 1.

The Trade Union is a mass organization voluntarily established by the working class. All manual and intellectual workers who earn wages have the right to join the Trade Union.

Article 2.

The Trade Union organizes according to the principles set forth in the Charter of the General Confederation of Labor of Vietnam.

Article 3.

Each Trade Union organization, upon establishment, must report to the higher-level Trade Union for recognition and inform the corresponding administrative committee.

PART II

TASKS AND RIGHTS OF THE TRADE UNION

Article 4.

To consolidate and ensure the victory of the revolution, to protect the fundamental interests of the working class, all levels of Trade Unions must fulfill the tasks proposed by the General Confederation of Labor of Vietnam:

a) Organize, educate, unite manual and intellectual workers into a pillar of the people's democratic government and the National United Front; actively and exemplary implement state policies and laws.

b) Organize, educate manual and intellectual workers to foster a spirit of patriotism, a sense of ownership of the country, raise awareness of socialist ideology, participate in state management, enterprise management, respect labor discipline, thoroughly implement labor safety regulations, promote production competitions and thrift, continuously improve labor productivity, cherish public property, combat bureaucracy, waste, corruption, protect enterprises and agencies, oppose all destructive activities, ensuring the successful completion of state plans.

c) Protect the rights of workers, organize improvements in living standards and implement measures to gradually enhance the material and cultural life of workers and officials based on developing production.

d) Unite with fellow workers and compatriots in the South, struggle to protect daily rights and freedoms, demand the restoration of normal relations between North and South, and achieve national reunification.

e) Enhance the spirit of proletarian internationalism combined with genuine patriotism, unite with the world's labor force, struggle for the rights of workers, for friendly relations among peoples, for national independence and world peace.

Article 5.

The General Confederation of Labor of Vietnam, the Federation of Trade Unions, Sectoral Trade Unions, and Basic Trade Unions have the right to represent workers and officials in meetings of equivalent state authorities to discuss the formulation and implementation of state plans, policies related to the tasks and rights of workers and officials.

The Trade Union represents workers and officials in salary grade adjustment boards, reward and disciplinary councils.

The Trade Union has the right to represent workers and officials before courts to protect their rights.

Article 6.

In state-owned enterprises, the Trade Union represents workers and officials in enterprise management and signs collective contracts with the enterprise directors.

The director of a state-owned enterprise regularly reports on production status and labor system implementation to all workers and officials or to a meeting of worker and official representatives.

The Trade Union Executive Committee may request the director of a state-owned enterprise to report on issues related to the tasks and rights of workers and officials.

Article 7.

In agencies and schools, the Trade Union educates and encourages workers and officials to implement professional programs. The Trade Union participates in meetings discussing agency management and the material and cultural life of workers and officials within the agency or school.

The Trade Union may request responsible officials of agencies and schools to report on the implementation of labor systems and issues related to the lives of workers and officials within the agency or school.

Article 8.

In state-owned enterprises, agencies, and schools, the Trade Union monitors and assists in the implementation of policies and regulations concerning the rights of workers and officials.

Article 9.

In privately-owned enterprises, the Trade Union organizes and educates workers and officials to implement production development policies according to the principle of "benefit for both workers and owners, care for both public and private sectors."

The Trade Union represents workers and officials in negotiating and signing contracts with employers.

The Trade Union has the right to monitor the implementation of signed contracts and business regulations regarding the rights of workers and officials, opposing any actions that violate state policy, plans, and laws.

Article 10.

When members of the Trade Union Executive Committee or authorized trade union representatives inspect the operation of the trade union and workplaces or residences of workers and officials, the director of a state-owned enterprise, agency, school, or privately-owned enterprise must assist them in fulfilling their responsibilities.

Article 11.

The director of a state-owned enterprise, agency, school, or privately-owned enterprise, when it is necessary to transfer or terminate the employment of a member of the Trade Union Executive Committee, must obtain the consent of the corresponding level of the Trade Union Executive Committee.

Article 12.

Depending on work requirements and local conditions, state authorities, state-owned enterprises, agencies, schools, and privately-owned enterprise owners will provide necessary means to facilitate the activities of the Trade Union.

CHAPTER III

BASIC TRADE UNION

Article 13.

Basic Trade Unions organize according to the Charter and regulations of the General Confederation of Labor of Vietnam.

Article 14.

BASED ON the number of workers and officials, and the requirements of the grassroots trade union, the General Confederation proposes to the Government to determine the number of full-time staff for trade union work or to set the hours within working hours for members of the Trade Union Executive Committee to perform trade union work.

Article 15.

The salary of full-time staff engaged in trade union work shall be covered by the trade union fund, with the level of salary being equivalent to when participating in production or specialized work.

Full-time staff engaged in trade union work still enjoy other benefits like regular workers and officials. These benefits are covered by state enterprises, agencies, schools, or private enterprise owners.

When ceasing full-time trade union work, such staff return to specialized work, with their salaries covered by state enterprises, agencies, schools, or private enterprise owners.

Article 16.

When trade union cadres and members are assigned to study or attend meetings convened by higher-level unions, the grassroots trade union negotiates with the director of state enterprises, heads of agencies, schools, or private enterprise owners to resolve the matter.

The salary and other benefits of trade union cadres and members assigned to study or attend meetings are covered by the trade union fund. Upon returning to work, they continue to enjoy the same benefits as before.

Article 17.

All trade union conferences are held outside working hours. In cases where it is necessary to hold meetings during working hours, approval from the director of state enterprises, heads of agencies, schools, or private enterprise owners must be obtained.

Article 18.

When state enterprise directors or private enterprise owners hire or terminate employees, they must inform the grassroots trade union executive committee. If hiring or termination contravenes government policies and regulations or violates signed contracts, the grassroots trade union executive committee has the right to intervene and request reconsideration.

Article 19.

Each time the grassroots trade union elects the trade union executive committee, it reports the list of committee members to the director of state enterprises, agencies, schools, or private enterprise owners for work coordination purposes.

PART IV

TRADE UNION FUND

Article 20.

The General Confederation of Labor of Vietnam stipulates the financial management rules for trade unions.

Article 21.

The trade union fund consists of the following items:

a) Monthly contributions of members according to the regulations of the General Confederation of Labor of Vietnam;

b) Income from cultural, sports activities organized by the trade union;

c) A certain percentage of the total wages paid to all workers and officials, deducted monthly from the funds of state enterprises, agencies, schools, or private enterprise owners and allocated to the trade union;

d) State subsidies.

Article 22.

The Government shall provide detailed implementation guidelines for this Law./.