Circular No. 14/2014/TT-BQP on the implementation of rights and responsibilities of trade unions in representing and protecting the legitimate and just rights and interests of members, workers, and employees in national defense, and participating in managing agencies, units, and enterprises within the military.

CIRCULAR

Regulations on the exercise of rights and responsibilities of trade unions in representing and protecting lawful and legitimate rights and interests of members, workers, and defense laborers, and participating in management of agencies, units, and enterprises within the Military. representative,protecting the lawful and legitimate rights and interests of members, workers and civil servants, defense labor and participating in the management of agencies, units, enterprises within the Military

Pursuant to the Trade Union Law 2012;

Pursuant to Decree No. 43/2013/NĐ-CP dated May 10, 2013 of the Government detailing the implementation of Article 10 of the Trade Union Law regarding the rights and responsibilities of trade unions in representing and protecting lawful and legitimate rights and interests of workers;

Pursuant to Decree No. 200/2013/NĐ-CP dated November 26, 2013 of the Government detailing the implementation of Article 11 of the Trade Union Law regarding the rights and responsibilities of trade unions in participating in state management and socio-economic management;

Pursuant to Decree No. 35/NĐ-CP dated April 22, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of National Defense;

Considering the proposal of the Director of the Political General Department;

The Minister of National Defense hereby promulgates regulations on the exercise of rights and responsibilities of trade unions in representing and protecting lawful and legitimate rights and interests of members, workers, and defense laborers, and participating in management of agencies, units, public service organizations under the Ministry of National Defense, and military enterprises.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

These Circulars regulate the implementation of rights and responsibilities of trade unions in representing and protecting lawful and legitimate rights and interests of trade union members, workers, and defense laborers, and trade unions participating in management of agencies, public service organizations under the Ministry of National Defense, and military enterprises.

Article 2. Applicability

These Circulars apply to agencies, units (where trade unions are organized), public service organizations under the Ministry of National Defense, military enterprises, and organizations and individuals related to the exercise of lawful and legitimate rights and interests of trade union members, workers, and defense laborers (hereinafter referred to as members, workers, and defense laborers); rights and responsibilities of grassroots trade unions in participating in management of agencies, units, and military enterprises.

Article 3. Forms of participation in management of agencies, units, and enterprises

Grassroots trade unions participate in management of agencies, units, and enterprises through the following forms:

1. Submitting opinions in writing to organizations, agencies, units, and enterprises regarding matters related to the lawful and legitimate rights and interests of members, workers, and defense laborers.

2. Attending meetings, conferences, seminars related to the lawful and legitimate rights and interests of members, workers, and defense laborers organized by organizations, agencies, units, and enterprises.

3. Participating as members of committees, councils, and inter-sectoral coordination organizations established by agencies, units, and enterprises to address issues related to the lawful and legitimate rights and interests of members, workers, and defense laborers.

1. Ensuring timely coordination and direction from central to local investigative agencies to promptly resolve difficulties and obstacles in the work of investigating, prosecuting, and trying money laundering and terrorist financing offenses.

1. Relevant organizations, agencies, and enterprises shall cooperate with grassroots trade unions in formulating and implementing cooperation regulations concerning matters related to trade unions. Annually, they shall organize summaries and evaluations of cooperative activities and develop joint work programs and plans.

2. Heads of agencies and units, leaders of enterprises, functional agencies, and mass organizations within units shall respect the right of officers, workers, and defense laborers to establish, join, and operate trade unions according to the Charter of the Vietnam General Confederation of Labor; recognize established trade unions and create favorable conditions for grassroots trade unions to operate.

3. Grassroots trade unions shall cooperate with functional agencies, heads of agencies and units, and leaders of enterprises to educate and encourage members, workers, and defense laborers to fulfill their labor obligations, complete assigned duties and tasks, strictly implement Party guidelines and State policies, regulations of the Ministry of National Defense, and internal rules and regulations of enterprises, agencies, and units.

Chapter II
RIGHTS AND RESPONSIBILITIES OF TRADE UNIONS IN REPRESENTING PROTECTING LEGAL AND LEGITIMATE RIGHTS AND INTERESTS OF MEMBERSWORKERS, AND DEFENSE LABORERS

Article 5. Rights and responsibilities of the grassroots trade union at military enterprises

1. Guide and advise members of the trade union, defense workers and civil servants at enterprises (hereinafter referred to collectively as workers) on their rights and obligations when entering into and performing labor contracts and employment contracts with the enterprise employing them, including:

a) The form, principles, types of contracts, contents of contracts, rights and obligations of the parties regarding information provision, probation period, training period as stipulated from Article 15 to Article 29 of the Labor Code. Issues related to the conclusion of labor contracts and employment contracts such as working hours, rest time, working conditions; salary classification, payment, bonuses for workers according to state regulations and the Ministry of National Defense; wages for implementing social insurance, health insurance, unemployment insurance according to guidelines of the Vietnam Social Security and the Social Security of the Ministry of National Defense;

b) Obligations to perform work under the contract, procedures, rights and obligations of the parties in cases of transferring workers to other jobs, temporary suspension, resumption of workers upon expiration of the temporary suspension period of labor contracts and employment contracts as provided for in Articles 30, 31, 32, and 33 of the Labor Code;

c) Procedures, formalities, and policies for workers when there are amendments, supplements, termination of labor contracts and employment contracts as provided for in Articles 35 to 49 of the Labor Code.

2. Representing the collective of workers to negotiate, sign, and supervise the implementation of collective labor agreements.

a) Collecting information, compiling recommendations, and proposing content related to the implementation of collective labor agreements; requesting the director, general manager of the enterprise (hereinafter collectively referred to as the head of the enterprise) to engage in collective bargaining within the enterprise;

b) Representing the collective of workers to negotiate and sign collective labor agreements; amending, supplementing, and extending the term of collective labor agreements in accordance with labor laws;

c) Publicizing collective labor agreements to workers, supervising the implementation of collective labor agreements within the enterprise; requesting the head of the enterprise to comply strictly with collective labor agreements; requesting resolution of collective labor disputes when the head of the enterprise fails to fully implement or violates collective labor agreements in accordance with labor laws.

3. Participating in establishing and supervising the implementation of wage scales, labor norms, remuneration regulations, reward regulations, and labor rules in accordance with state regulations and the Ministry of National Defense.

a) Organizing the collection of opinions, summarizing the opinions of workers; participating in writing with the head of the enterprise in the establishment and issuance of wage scales, labor norms, remuneration regulations, reward regulations, and labor rules in accordance with labor laws;

b) Organizing supervision over the implementation of wage scales, labor norms, remuneration regulations, reward regulations, and labor rules; making recommendations to the head of the enterprise on matters concerning amendments and supplements to wage scales, labor norms, remuneration regulations, reward regulations, and labor rules.

4. Participating in establishing and implementing democratic regulations at the grassroots level and engaging in dialogue with the head of the enterprise to resolve issues related to the rights and obligations of workers.

a) Collecting information, compiling recommendations, and proposing content related to the implementation of democratic regulations at the grassroots level; requesting the head of the enterprise to establish a steering committee for the establishment and issuance of democratic regulations at the grassroots level and organize dialogues in accordance with the law;

b) Cooperating with the head of the enterprise to establish dialogue regulations and regulations for organizing worker meetings at the enterprise. Conducting regular or ad hoc dialogues with the head of the enterprise and organizing worker meetings in accordance with the law;

c) Supervising the implementation of democratic regulations at the grassroots level, resolutions of worker meetings, and agreements reached through dialogues at the workplace in accordance with the law.

5. Organizing legal advisory activities for workers in accordance with the provisions of the Labor Code, the Inspection Law, the Trade Union Law, the Social Insurance Law; Health Insurance, Unemployment Insurance, and other regulations related to the legitimate rights and interests of workers through activities at the grassroots trade union.

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

a) The grassroots trade union has the right to request labor mediators, labor arbitration boards, labor management agencies, and the head of the enterprise to resolve collective labor disputes in accordance with the prescribed procedures and formalities under the law;

b) Guiding and supporting workers to resolve individual labor disputes when requested by workers; representing workers in the process of resolving individual labor disputes when authorized by workers; appointing representatives to participate in sessions to resolve individual labor disputes held by labor mediators upon request.

7. Proposing to competent authorities and organizations to consider and resolve when the legitimate rights and interests of the collective of workers or individual workers are violated in the following areas:

a) Proposing to labor management agencies and political bodies (trade unions) at higher levels to consider and participate in resolving when the legitimate rights and interests of the collective of workers or individual workers are violated;

b) Engaging in negotiations with the head of the enterprise to resolve when the legitimate rights and interests of the collective of workers are violated at the request of labor management agencies and political bodies (trade unions) at higher levels; implementing the resolution of collective labor disputes in accordance with labor laws.

8. Representing the collective of workers and workers (when authorized by the workers) to initiate lawsuits before courts when the legitimate and reasonable rights and interests of the collective of workers and workers are violated and such violations have been reported but not resolved or inadequately resolved by the head of the enterprise.

9. Representing the collective of workers and workers in litigation in labor, administrative, and business bankruptcy cases in the following contents:

a) Representing the collective of workers in litigation in labor, administrative, and business bankruptcy cases as prescribed by law to protect the legitimate and reasonable rights and interests of the collective of workers;

b) Representing workers in litigation if authorized by the workers to protect their legitimate and reasonable rights and interests in labor, administrative, and business bankruptcy cases as prescribed by law.

Article 6. Rights and responsibilities of the grassroots trade union at agencies and units of the Military receiving salaries from the National Defense budget

1. Propose to the head of the agency or unit to consider and resolve when the legitimate and reasonable rights and interests of members, employees, and defense workers are violated.

2. Propose to the head of the agency or unit and the political body (trade union) at higher levels to consider and resolve when the decision of the head of the agency or unit is not accepted or the deadline prescribed has expired without the head or the agency or unit resolving the request regarding the legitimate and reasonable rights and interests of members, employees, and defense workers.

Chapter III
TRADE UNION PARTICIPATION IN MANAGEMENT OF Facilities listed in Appendix II of Decree No. 50/2024/NĐ-CP AGENCIES AND ENTERPRISES IN THE MILITARY

Article 7. Rights and responsibilities of the grassroots trade union in participating in management at military enterprises

1. Participate with the head of the enterprise in establishing internal regulations, rules, and provisions of the enterprise; promote, educate, and mobilize workers to implement policies and laws, fulfill collective labor agreements, and other legitimate and reasonable rights and interests related to workers to stabilize and develop the enterprise.

2. Participate with the head of the enterprise in implementing the application of science, technology, techniques, and labor protection; establish standards and norms ensuring workplace safety, hygiene, prevention of occupational diseases, industrial hygiene, environmental protection, and organize activities of the safety and health network.

3. Inspect the implementation of the Labor Protection Law and environmental protection; when discovering signs of danger to workers at the workplace, have the right to require responsible persons to immediately take safety measures, including suspending operations (if deemed necessary); appoint representatives to participate in accident investigations, have the right to request state agencies, military authorities with jurisdiction, or courts to handle those responsible for causing accidents according to the law.

4. Participate with the head of the enterprise and relevant functional bodies at the same level in promptly resolving complaints and reports of workers in accordance with the Law and regulations of the Ministry of Defense.

5. Participate with the head of the enterprise to ensure employment, increase income, and living standards, and ensure working conditions; implement regulations on the organization and operation of the People's Inspection Board at the enterprise according to the Inspection Law and regulations of the Ministry of Defense, and build harmonious, stable, and progressive labor relations within the enterprise.

6. Participate in councils examining and resolving issues related to the legitimate and reasonable rights and interests of workers as prescribed by law (salary council; competition and reward council; council resolving benefits and policies related to workers...).

7. Coordinate with the head of the enterprise to organize competitive movements and implement democratic regulations within the enterprise according to the law and regulations of the Ministry of Defense.

Article 8. Rights and responsibilities of the grassroots trade union in participating in and managing agencies and units of the Military receiving salaries from the State defense budget

1. Coordinate in establishing regulations on the relationship between the grassroots trade union and the heads of agencies and units; organize for members, civil servants, and defense workers to participate in building laws and implementing work programs and plans; educate, disseminate, and popularize laws; patriotic emulation movements among members, civil servants, and defense workers.

2. Participate with the heads of agencies and units:

a) Organize and improve working procedures and administrative procedures to enhance the quality and effectiveness of work; assist the unit in resolving complaints and denunciations of members, civil servants according to the provisions of the law and the Military;

b) Improve working conditions; build a friendly and harmonious working environment in agencies and units; implement well the regulations on grassroots democracy;

c) Implement the application of science, technology, and occupational safety techniques; establish standards and norms for labor safety, hygiene, prevention of occupational diseases, industrial hygiene, and environmental protection at workplaces. Inspect the implementation of labor safety and hygiene at workplaces, promptly identify and recommend to the heads of agencies and units or responsible persons to resolve according to regulations.

3. Participate in meetings and councils examining and resolving issues related to policies and benefits of members, civil servants, and defense workers in agencies and units.

Chapter IV
ENSURING THE ACTIVITIES OF THE TRADE UNION

Article 9. Ensuring organizational structure and cadres

1. The trade union is guaranteed an organizational structure and number of cadres necessary to perform its functions, tasks, and powers as prescribed.

2. Based on the requirements and tasks of each grassroots trade union and the number of members, civil servants, and defense workers; agencies, units, and enterprises have the responsibility to arrange full-time or part-time trade union cadres suitable to the nature of the tasks of the agency, unit, or enterprise.

Article 10. Ensuring conditions for trade union activities

1. Agencies, units, and enterprises have the responsibility to ensure office space, workplace, and provide necessary means for the trade union's activities (equipment, transportation, communication, office supplies...) appropriate to the conditions of each agency, unit, or enterprise; create favorable conditions for the grassroots trade union executive board and those assigned to trade union work to complete their tasks.

2. For the chairman and vice-chairman of the grassroots trade union, 24 hours of work per month shall be provided. For members of the grassroots trade union executive board, chairmen, and vice-chairmen of affiliated trade unions, and trade union group leaders, 12 hours of work per month shall be provided. Additionally, depending on the nature and level of each trade union task, the heads of agencies and units, the heads of enterprises, and the grassroots trade union executive board may agree on additional time to ensure effective trade union operations.

3. Non-full-time trade union cadres shall enjoy responsibility allowances and concurrent position allowances as prescribed by the Ministry of Defense and the General Confederation of Labor of Vietnam; they are entitled to take leave to attend meetings and training sessions convened by the trade union and higher-level agencies, and shall receive salary and allowances guaranteed by the agency, unit, or enterprise. Time spent on trade union duties shall be counted as time spent on professional duties.

4. Full-time trade union cadres paid by the trade union shall be guaranteed benefits and collective welfare equal to that of cadres, members, civil servants, and defense workers in the agency, unit, or enterprise.

5. Termination of employment, resignation, transfer of job positions, or expiration of labor contracts; termination of labor contracts for trade union cadres shall be carried out in accordance with Article 25 of the Trade Union Law.

Article 11. Participation in the management, use, inspection, and supervision of financial and property of trade unions:

The participation in the management, use, inspection, and supervision of financial and property of trade unions shall be carried out in accordance with the provisions of Articles 26, 27, 28, and 29 of the Trade Union Law.

Chapter V
RESPONSIBILITY FOR IMPLEMENTATION

Article 12. Responsibilities of the Commanding Officer of the Main Unit under the Ministry of National Defense

1. Direct subordinate agencies and units to implement in accordance with the provisions of the law on matters related to the rights and responsibilities of trade union organizations, members, state employees, and defense workers; ensure, support, and create conditions for the trade union to operate.

2. Direct subordinate agencies and units to conduct inspections, checks, supervisions, and handle violations of laws concerning trade unions. Require the trade union to provide opinions on areas directly related to the organization of trade unions, the rights and obligations of members, state employees, and defense workers within the unit.

Article 13. Responsibilities of functional agencies under the Ministry of National Defense

Functional agencies under the Ministry of National Defense, General Staff, Political Bureau, and Technical General Department have the responsibility to coordinate with the National Defense Trade Union Board to implement contents related to their functions and tasks as prescribed by law and regulations of the Ministry of National Defense regarding trade unions.

Article 14. Responsibilities of the National Defense Trade Union Board

1. Participate in contributing opinions together with functional agencies under the Ministry of National Defense, General Staff, Political Bureau, and Technical General Department in drafting legal documents; labor systems, wages, bonuses, labor protection, occupational safety, hygiene, social insurance, health insurance, unemployment insurance, and other policies related to the legitimate rights and interests of cadres, members, state employees, and defense workers.

2. Participate with functional agencies in implementing forms of legal education, dissemination, and mobilizing members, state employees, and defense workers to comply with policies and laws; inspect and supervise the implementation of policies related to the legitimate rights and interests of members, state employees, and defense workers in accordance with the provisions of law and the Ministry of National Defense.

3. Participate in inter-ministerial coordination bodies of the Ministry of National Defense on issues related to the legitimate rights and interests of members, state employees, and defense workers in the military in accordance with the provisions of law.

4. Guide, support, and provide legal advice on trade unions; coordinate with agencies and units to properly implement the contents stipulated in the Labor Code, Trade Union Law, Inspection Law, Social Insurance Law, Health Insurance Law, Unemployment Insurance Law, and other documents of the Ministry of National Defense related to the legitimate rights and interests of members, state employees, and defense workers.

5. Participate with functional agencies responsible for labor management in resolving labor disputes in accordance with the provisions of the Labor Law. Support and inspect the implementation of the rights and responsibilities of grassroots trade unions in resolving labor disputes as provided for in Clause 6, Article 5 of this Circular.

6. Inspect the implementation of the Trade Union Law, other legal provisions related to trade union organizations, members, state employees, and defense workers, and the contents of this Circular. Receive and compile feedback from units during the implementation of the Circular, report to the Political Bureau for guidance on amendments and supplements by the Ministry of National Defense.

Article 15. Responsibilities of political agencies (trade unions) directly under the Ministry of National Defense

1. Participate with competent authorities in implementing issues related to state policies, military regulations, and unit policies concerning members, civil servants, and defense workers within the management scope.

2. Participate and coordinate with competent authorities in educating, disseminating laws to members, civil servants, and defense workers; mobilize agencies, units, and enterprises to apply science, technology, and occupational safety techniques; establish standards and norms for workplace safety, hygiene, accident prevention, occupational diseases, industrial hygiene, and environmental protection.

3. Coordinate with competent authorities to direct and guide the implementation of grassroots democracy regulations within organizations, agencies, units, and enterprises. Organize patriotic competition movements for members, civil servants, and defense workers within the management scope.

4. Participate in committees and councils at the same level discussing contents related to policies and rights, legitimate interests of members, civil servants, and defense workers according to the provisions of the law.

5. Participate with competent authorities to protect the rights and legitimate interests of workers in places where trade union organizations have not been established when requested by workers; inspect and grasp the situation regarding the organization and activities of grassroots trade unions in exercising their rights and responsibilities according to this Circular.

6. Organize legal counseling activities for members, civil servants, and defense workers on the contents stipulated in the Labor Code, Trade Union Law, Inspection Law, Social Insurance Law, Health Insurance Law, and other relevant laws concerning the rights and legitimate interests of workers through activities at various levels of trade unions. Coordinate with competent authorities to resolve labor disputes according to the labor law. Support the exercise of rights and responsibilities of grassroots trade unions in resolving labor disputes according to Clause 7, Article 5 of this Circular.

Article 16. Responsibilities of heads of agencies, units, and business leaders

1. Have the responsibility to propagate, educate officers, soldiers, members, civil servants, and defense workers to strictly comply with the provisions of the Trade Union Law and the contents of this Circular.

2. Coordinate with trade unions to perform the functions, powers, and responsibilities of agency and unit heads and business leaders according to the law. Exercise the rights of workers in establishing, joining, and operating trade unions. Coordinate with grassroots trade unions to build, issue, and implement cooperation activity regulations, creating conditions for grassroots trade unions to exercise their rights and responsibilities according to the law.

3. Exchange and provide complete, accurate, and timely information related to the organization and operation of agencies, organizations, and businesses according to the law when requested by trade unions. Reach consensus with grassroots trade unions before deciding issues related to workers' rights and obligations. Coordinate with grassroots trade unions to organize dialogue, negotiation, signing, and implementing collective labor agreements, grassroots democracy regulations; resolve labor disputes and issues related to the implementation of labor laws.

4. Ensure that trade unions can exercise their rights and responsibilities in representing and protecting the legitimate rights and interests of members, civil servants, and defense workers and the rights and responsibilities of trade unions in participating in the management of agencies, units, and enterprises in the military.

Chapter VI
IMPLEMENTING PROVISIONS

Article 17. Effective Date

This Circular takes effect from June 31, 2014, and replaces Circular No. 261/QP dated January 23, 1994, issued by the Ministry of National Defense guiding the implementation of the rights and responsibilities of grassroots trade unions in enterprises, units, and agencies under the Ministry of National Defense.

Article 18. Responsibility for Implementation

The Chief of the General Political Department; leadership and command of agencies, units, and enterprises under the Ministry of National Defense are responsible for organizing the implementation of this Circular./.