Law on Trade Unions No. 12/2012/QH13

LAW

Trade Union

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Pursuant to the Constitution of the Socialist Republic of Vietnam in 1992 as amended and supplemented by Resolution number 51/2001/QH10;

The National Assembly enacts the Trade Union Law.

PART I

GENERAL PROVISIONS

Article 1. Trade Union

The Trade Union is a broad political-social organization of the working class and workers, established on a voluntary basis, and is a member of the political system of Vietnamese society, under the leadership of the Communist Party of Vietnam; it represents cadres, civil servants, public officials, workers, and other workers (hereinafter collectively referred to as workers), together with state agencies, economic organizations, social organizations, caring for and protecting the legitimate rights and interests of workers; participating in state administration, economic and social management, inspection, supervision of the activities of state agencies, organizations, units, enterprises; promoting education and mobilizing workers to improve their qualifications and vocational skills, comply with laws, build and defend the Socialist Fatherland of Vietnam.

Article 2. Scope of Regulation

This Law stipulates the rights to establish, join, and operate trade unions of workers; the functions, rights, and responsibilities of the Trade Union; the rights and responsibilities of trade union members; the responsibilities of the State, state agencies, organizations, units, enterprises employing labor as prescribed by labor laws; ensuring the operation of the Trade Union; resolving disputes and handling violations of trade union laws.

Article 3. Applicability

This Law applies to trade unions at all levels, state agencies, political organizations, political-social organizations, political-social-professional organizations, social-professional organizations, units, enterprises, and other organizations using labor as prescribed by labor laws, foreign agencies and international organizations operating within the territory of Vietnam related to the organization and activities of trade unions (hereinafter collectively referred to as agencies, organizations, enterprises), trade union members, and workers.

Article 4. Definitions

In this Law, the following terms shall be understood as follows:

1. Rights of the Trade Union are the rights of workers, trade union members to establish, join, and operate trade unions, and the rights of trade union organizations as prescribed by law and by competent authorities.

2. Basic-level trade union is the grassroots organization of the Trade Union, gathering trade union members in one or several agencies, organizations, enterprises, recognized by the directly superior trade union organization according to the provisions of law and the Charter of the Vietnam Trade Union.

3. Directly Superior Grassroots Trade Union Organization is a level in the trade union organizational system, directly implementing the right to recognize grassroots trade unions, directing the activities of grassroots trade unions, and linking grassroots trade unions according to the provisions of law and the Charter of the Vietnam Trade Union.

4. Full-time Trade Union Officer is a person recruited or appointed to regularly perform work in a trade union organization.

5. Part-time Trade Union Officer is a person performing part-time work elected or appointed by the Trade Union Congress or Trade Union Conference at various levels, or designated or appointed by the Trade Union Executive Committee to positions from Deputy Team Leader of the Trade Union Team upwards.

6. Labor-using Unit is an agency, organization, enterprise that recruits, uses labor, and pays wages as prescribed by law.

7. Disputes over Trade Union Rights are disputes arising between workers, trade union members, trade union organizations and labor-using units regarding the implementation of trade union rights.

8. The Charter of the Vietnam General Confederation of Labor is a document adopted by the Congress of the Vietnam General Confederation of Labor, stipulating the objectives, purposes, organizational principles, activities, organizational structure of the confederation; rights and responsibilities of labor unions at all levels; rights and responsibilities of trade union members.

Article 5. Right to establish, join and operate trade unions

1. Vietnamese workers working in agencies, organizations, enterprises have the right to establish, join and operate trade unions.

2. Procedures and formalities for establishing, joining and operating trade unions shall be in accordance with the Charter of the Vietnam General Confederation of Labor.

Article 6. Principles of organization and operation of trade unions

1. Trade unions are established on a voluntary basis and operate according to the principle of centralized democracy.

2. Trade unions are organized and operate in accordance with the Charter of the Vietnam General Confederation of Labor, consistent with the policies and laws of the Party and the State.

Article 7. System of trade union organizations

The system of trade union organizations includes the Vietnam General Confederation of Labor and trade unions at various levels as prescribed in the Charter of the Vietnam General Confederation of Labor.

Basic-level trade unions are organized within state agencies, political organizations, political-social organizations, political-social-professional organizations, social-professional organizations, units, enterprises, other organizations employing workers as prescribed by labor laws, foreign agencies, organizations, and international organizations operating on the territory of Vietnam.

Article 8. International cooperation in trade unions

International cooperation in trade unions is carried out on the basis of ensuring equality, respecting independence, national sovereignty, being consistent with Vietnamese law and international practices.

Joining international trade union organizations by trade unions at various levels must comply with the provisions of the law and the Charter of the Vietnam General Confederation of Labor.

Article 9. Prohibited Acts

1. Obstructing or creating difficulties in the exercise of trade union rights.

2. Discriminating against or engaging in actions that disadvantage workers due to their establishment, joining, and operation of trade unions.

3. Using economic measures or other measures that disadvantage the organization and operation of trade unions.

4. Abusing trade union rights to violate the law, infringing upon the interests of the State, legitimate rights and interests of agencies, organizations, enterprises, and individuals.

Chapter II

RIGHTS AND RESPONSIBILITIES OF TRADE UNIONS AND TRADE UNION MEMBERS

Section 1

RIGHTS AND RESPONSIBILITIES OF TRADE UNIONS

Article 10. Representation and protection of legitimate and just rights and interests of workers

1. Advising and counseling workers on their rights and obligations when concluding and performing labor contracts or employment contracts with employers.

2. Representing groups of workers in negotiating, signing, and supervising the implementation of collective labor agreements.

3. Participating with employers in drafting and supervising the implementation of wage scales, labor norms, remuneration regulations, bonus regulations, and labor regulations.

4. Engaging in dialogue with employers to resolve issues related to the rights and obligations of workers.

5. Organizing legal counseling activities for workers.

6. Participating with competent authorities, organizations, and individuals in resolving labor disputes.

7. Proposing to competent state authorities to consider and resolve issues when the legitimate and just rights and interests of groups of workers or individual workers are violated.

8. Representing groups of workers in initiating lawsuits before courts when the legitimate and just rights and interests of groups of workers are violated; representing workers in initiating lawsuits before courts when the legitimate and just rights and interests of individual workers are violated and authorized by the workers.

9. Representing groups of workers in participating in litigation in labor, administrative, and corporate bankruptcy cases to protect the legitimate and just rights and interests of groups of workers and workers.

10. Organizing and leading strikes in accordance with the law.

The Government shall provide detailed regulations on this matter after reaching consensus with the Vietnam General Confederation of Labor.

Article 11. Participation in state administration and economic-social management

1. Participate with state agencies in drafting policies and laws on economy and society, labor, employment, wages, social insurance, health insurance, occupational safety and health, and other policies and laws related to trade union organizations and the rights and obligations of workers.

2. Cooperate with state agencies in researching and applying science, technology, and occupational safety techniques, establishing standards and regulations for safe and healthy working conditions.

3. Participate with state agencies in managing social insurance and health insurance; resolving complaints and denunciations of workers and groups of workers according to the provisions of the law.

4. Participate in building harmonious, stable, and progressive labor relations within agencies, organizations, and enterprises.

5. Participate in establishing and implementing democratic regulations within agencies, organizations, and enterprises.

6. Coordinate in organizing competitive movements within sectors, localities, agencies, organizations, and enterprises.

The Government shall provide detailed regulations on this matter after reaching consensus with the Vietnam General Confederation of Labor.

Article 12. Submitting draft laws and ordinances and proposing policy and legislative development

1. The Vietnam General Confederation of Labor has the right to submit draft laws and ordinances before the National Assembly and the Standing Committee of the National Assembly.

2. Trade unions at all levels have the right to propose to competent state agencies the development, amendment, and supplementation of policies and laws related to trade union organizations and the rights and obligations of workers.

Article 13. Attending sessions, meetings, and conferences

The Chairman of the Vietnam General Confederation of Labor and the Chairmen of trade unions at all levels have the right and responsibility to attend sessions, meetings, and conferences of relevant agencies and organizations at the same level when discussing and deciding issues related to the rights and obligations of workers.

Article 14. Participation in inspection, examination, and supervision of activities of agencies, organizations, and enterprises

1. Participate and cooperate with competent state agencies in inspecting, examining, and supervising the implementation of systems, policies, and laws on labor, trade unions, civil servants, public officials, social insurance, health insurance, and other systems, policies, and laws related to the rights and obligations of workers; investigating workplace accidents and occupational diseases.

2. When participating and cooperating in inspections, examinations, and supervision as stipulated in Clause 1 of this Article, the Trade Union has the following rights:

a) Request agencies, organizations, and enterprises to provide information, documents, and explanations regarding issues related thereto;

b) Propose measures to correct deficiencies, prevent violations, mitigate consequences, and handle acts of law violation;

c) In cases where hazardous factors affecting the health and lives of workers are discovered, the Trade Union has the right to request agencies, organizations, enterprises, and individuals responsible to immediately implement remedial measures to ensure workplace safety, including suspending operations if necessary.

Article 15. Propaganda, Mobilization, and Education of Workers

1. Propaganda the Party's guidelines, policies, and State laws related to trade unions and workers; regulations of the trade union.

2. Mobilize and educate workers to study and improve their political, cultural, professional, and vocational skills, awareness of law compliance, internal rules, and regulations of agencies, organizations, and enterprises.

3. Mobilize and educate workers to practice thrift, combat waste, and fight corruption.

Article 16. Development of Trade Union Members and Basic Trade Unions

1. The Trade Union has the right and responsibility to develop trade union members and basic trade unions within agencies, organizations, and enterprises.

2. The immediate superior trade union has the right and responsibility to dispatch trade union officers to agencies, organizations, and enterprises to promote, mobilize, and guide workers to establish, join, and operate trade unions.

Article 17. Rights and Responsibilities of Immediate Superior Trade Unions towards Workers in Agencies, Organizations, and Enterprises that Have Not Established Basic Trade Unions

In agencies, organizations, and enterprises that have not established basic trade unions, the immediate superior trade union has the right and responsibility to represent and protect the legitimate and reasonable rights and interests of workers when requested by the workers there.

Section 2

RIGHTS AND RESPONSIBILITIES OF TRADE UNION MEMBERS

Article 18. Rights of Trade Union Members

1. Request the Trade Union to represent and protect their legitimate and reasonable rights and interests when they are violated.

2. Receive information, discuss, propose, and vote on trade union matters; be informed about the policies and laws related to trade unions and workers issued by the Party and State; regulations of the Trade Union.

3. Nominate, propose, and elect trade union leadership bodies according to the Charter of the Vietnam General Confederation of Labor; question trade union leaders; suggest disciplinary actions against erring trade union officials.

4. Receive free legal advice and assistance from the Trade Union regarding labor and trade union laws.

5. Be guided and assisted by the Trade Union in finding employment, learning trades; be visited and helped during illness or difficult circumstances.

6. Participate in cultural, sports, and tourism activities organized by the Trade Union.

7. Propose suggestions to the Trade Union regarding the implementation of systems, policies, and laws concerning workers by agencies, organizations, and enterprises.

Article 19. Responsibilities of Trade Union Members

1. Adhere to and implement the Charter of the Vietnam General Confederation of Labor and resolutions of the Trade Union; participate in trade union activities and build a strong trade union organization.

2. Study to enhance political, cultural, professional, and vocational skills; cultivate the qualities of the working class; live and work according to the Constitution and laws.

3. Unite and assist colleagues in enhancing their professional skills, working effectively, and protecting their legitimate and reasonable rights and interests as well as those of the trade union organization.

Chapter III

RESPONSIBILITIES OF THE STATE, AGENCIES, ORGANIZATIONS, AND ENTERPRISES TOWARDS THE TRADE UNION

Article 20. Relations between the Trade Union and the State, Agencies, Organizations, and Enterprises

The relations between the Trade Union and the State, agencies, organizations, and enterprises are cooperative and coordinated relations aimed at fulfilling the functions, rights, and responsibilities of each party as prescribed by law, contributing to building harmonious, stable, and progressive labor relations.

Article 21. Responsibilities of the State towards the Trade Union

1. Ensure, support, and create conditions for the Trade Union to fulfill its functions, rights, and responsibilities as prescribed by law.

2. Promote, disseminate, and educate on labor and trade union laws and other relevant laws concerning trade union organizations, workers' rights and obligations; inspect, supervise, and handle violations of trade union laws; cooperate with the Trade Union to care for and ensure workers' legitimate and reasonable rights and interests.

3. Solicit opinions from the Trade Union when formulating policies and laws directly related to trade union organizations and workers' rights and obligations.

4. Cooperate and create conditions for the Trade Union to participate in state management, economic and social management, and represent and protect workers' legitimate and reasonable rights and interests.

Article 22. Responsibilities of agencies, organizations, and enterprises towards Trade Unions

1. Cooperate with Trade Unions to perform the functions, rights, and obligations of each party as prescribed by law.

2. Create conditions for workers to establish, join, and operate trade unions.

3. Coordinate with the same-level trade union to develop, issue, and implement regulations on cooperative activities.

4. Recognize and create conditions for grassroots trade unions to exercise their rights and responsibilities as prescribed by law.

5. Exchange and provide complete, accurate, and timely information related to the organization and operation of agencies, organizations, and enterprises when requested by the Trade Union, as prescribed by law.

6. Coordinate with the Trade Union to organize dialogues, negotiations, signing, implementing collective labor agreements, and regulations on grassroots democracy.

7. Seek the opinion of the same-level trade union before making decisions concerning the rights and obligations of workers.

8. Coordinate with the Trade Union to resolve labor disputes and issues related to the implementation of labor laws.

9. Ensure the operating conditions for trade unions, trade union officials, and pay trade union fees as stipulated in Articles 24, 25, and 26 of this Law.

Chapter IV

ENSURING THE OPERATIONS OF TRADE UNIONS

Article 23. Ensuring organizational structure and personnel

1. All levels of trade unions shall be guaranteed organizational structures and the number of officials and civil servants necessary to perform their functions, rights, and responsibilities as prescribed by law.

2. The General Confederation of Labor of Vietnam shall build the organizational structure and positions of trade union officials and submit them to competent authorities for decision-making or decide within its authority.

3. Based on the requirements and tasks of each grassroots trade union and the number of workers in agencies, organizations, and enterprises, the competent authority managing trade union officials shall decide on the allocation of full-time trade union officials.

Article 24. Ensuring Conditions for Trade Union Operations

1. Agencies, organizations, and enterprises have the responsibility to allocate workplaces and create necessary working conditions for the same-level trade union to operate.

2. Non-full-time trade union officials may use 24 hours of work per month for the Chairperson and Vice-Chairperson of the grassroots trade union; 12 hours of work per month for members of the Executive Committee, Team Leaders, and Deputy Team Leaders of the trade union team to perform trade union duties and receive wages from the employer. Depending on the scale of the agency, organization, or enterprise, the Executive Committee of the grassroots trade union and the employer may agree on additional time.

3. Non-full-time trade union officials are entitled to leave work and receive wages paid by the employer during days attending meetings and training sessions convened by higher-level trade unions; travel, accommodation, and living expenses during such meetings and training sessions are covered by the convening level of the trade union.

4. Non-full-time trade union officials who receive wages from the employer are entitled to position allowances as prescribed by the General Confederation of Labor of Vietnam.

5. Full-time trade union officials who receive wages from the trade union are entitled to collective benefits and welfare equivalent to those of workers employed in the agency, organization, or enterprise.

Article 25. Guarantee for non-professional trade union officials

1. In cases where the labor contract or employment contract of a non-professional trade union official expires during their term of office, such contracts shall be extended until the end of the term.

2. The employer may not unilaterally terminate the labor contract or employment contract, dismiss, compel resignation, or transfer the position of a non-professional trade union official without the written agreement of the Trade Union Committee at the grassroots level or the immediate higher-level Trade Union Committee. If an agreement cannot be reached, both parties must report to the competent authority. After thirty days from the date of reporting to the competent authority, the employer has the right to make a decision and bear responsibility for that decision.

3. In cases where a non-professional trade union official is unlawfully terminated from their labor contract or employment contract, compelled to resign, or dismissed by an agency, organization, or enterprise, the Trade Union shall have the responsibility to request intervention from the competent state authority; if authorized, the Trade Union will represent in filing a lawsuit with the Court to protect the legitimate rights and interests of the trade union official; simultaneously, provide assistance in finding new employment and provide financial support during the period of unemployment according to the regulations of the Vietnam General Confederation of Labor.

Article 26. Trade Union Finance

Trade union finance includes the following sources of income:

1. Membership fees paid by trade union members in accordance with the Regulations of the Vietnam Trade Union.

2. Trade union funds contributed by agencies, organizations, and enterprises equal to 2% of the wage fund serving as the basis for social insurance contributions for employees.

3. State budget support.

4. Other income from cultural and sports activities, economic activities of the Trade Union; from projects assigned by the State; from donations and sponsorships from domestic and foreign organizations and individuals.

Article 27. Management and Use of Trade Union Finance

1. Trade unions shall manage and utilize trade union finance in accordance with the law and the provisions of the Vietnam General Confederation of Labor.

2. Trade union finance is used for the implementation of the rights and responsibilities of the Trade Union and the maintenance of the operation of the trade union system, including the following tasks:

a) Propaganda, dissemination, and education on the policies, guidelines, and laws of the Party and the State; enhancing the professional skills and vocational skills of workers.

b) Organizing representative activities to protect the legitimate and just rights and interests of workers.

c) Developing trade union members, establishing grassroots trade unions, and building strong trade unions.

d) Organizing competitive movements initiated by the Trade Union.

đ) Training and developing trade union cadres; training and developing outstanding workers as potential cadres for the Party, the State, and the trade union.

e) Organizing cultural, sports, and tourism activities for workers.

g) Organizing gender equality activities.

h) Visiting and providing assistance to trade union members and workers when they are sick, pregnant, in distress, or facing difficulties; organizing other welfare activities for workers.

i) Encouraging and rewarding workers and their children who achieve success in study and work.

k) Paying salaries to full-time trade union officials and providing responsibility allowances to non-full-time trade union officials.

l) Expenditure for the operation of the trade union machinery at all levels.

m) Other expenditure tasks.

Article 28. Union Assets

Assets formed from contributions of union members, from union capital; assets transferred by the State to the union for ownership rights and other sources in accordance with the provisions of the law are the assets of the union.

The Vietnam General Confederation of Labor implements the rights and responsibilities of union asset ownership in accordance with the law.

Article 29. Financial Inspection and Supervision of Unions

1. Higher-level unions guide, inspect, and supervise the implementation of financial work of lower-level unions in accordance with the law and regulations of the Vietnam General Confederation of Labor.

2. Union inspection bodies inspect the management and use of union finances in accordance with the law and regulations of the Vietnam General Confederation of Labor.

3. Competent state authorities supervise, inspect, audit, and conduct financial examinations of union management and use in accordance with the law.

Chapter V

SETTLEMENT OF DISPUTES AND HANDLING OF VIOLATIONS OF UNION LAWS

Article 30. Resolution of Disputes Regarding Union Rights

When disputes arise regarding union rights between union members, workers, and union organizations and agencies, organizations, enterprises, the authority to resolve such disputes shall be carried out according to the following provisions:

1. Disputes within the scope of union rights and responsibilities in labor relations shall be resolved according to the law on resolving labor disputes.

2. Disputes within the scope of union rights and responsibilities in other relationships shall be resolved according to relevant laws.

3. Disputes related to the failure or refusal to fulfill the responsibility of the employer towards the union shall be referred by the grassroots union or the directly superior union to the competent state authority for resolution or initiated at court in accordance with the law.

Article 31. Handling of Violations of Union Laws

1. Agencies, organizations, enterprises, and individuals who violate the provisions of this Law and other relevant laws concerning union rights shall be subject to disciplinary action, administrative penalties, compensation for damages, or criminal liability追究违反工会法律行为的责任，视违法行为的性质和程度而定。

2. The Government shall specify details on administrative penalties for violations of the law on unions.

Chapter VI

IMPLEMENTING PROVISIONS

Article 32. Effectiveness

This Law takes effect from January 1, 2013.

The 1990 Trade Union Law ceases to be effective from the date this Law comes into force.

Article 33. Detailed provisions and guidance on implementation

The Government shall provide detailed regulations and guidance for the implementation of the provisions assigned in this Law.

This Law was passed by the National Assembly of the Socialist Republic of Vietnam, the third session of the XIIIth term, on June 20, 2012./.