Circular No. 24/2015/TT-BCA on the rights, responsibilities of trade unions in representing and protecting the legitimate and just interests of members, workers under labor contracts, and participating in managing agencies, units, and enterprises within the People's Public Security Force.

CIRCULAR
Regulations on the rights and responsibilities of trade unions in representing and protecting lawful and legitimate interests of members, workers, and contractual employees, and participating in managing agencies, units, and enterprises within the People's Public Security Force.
protect the lawful and legitimate rights and interests of members, employees, and contractual workers, and participate in managing agencies, units, and enterprises within the People's Public Security Force;
workers under contract and participating in the management of agencies, units,
enterprises within the People's Public Security Force

Pursuant to the Law on Information Technology dated June 29, 2006- Agencies under the Ministry of Industry and Trade; union in 2012;

Pursuant to the Law on People's Police 2014;

Pursuant to Decree No. 106/2014/NĐ-CP dated November 17, 2014 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

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 interests of workers;

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

At the proposal of the Director of the Political General Department of the People's Police,

The Minister of Public Security promulgates this Circular stipulating the rights and responsibilities of trade unions at all levels in representing and protecting lawful and legitimate interests of members, workers, and contractual employees (hereinafter referred to collectively as union members) and participating in managing agencies, units, and enterprises within the People's Public Security Force.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the rights and responsibilities of trade unions at all levels in representing and protecting lawful and legitimate interests of union members and participating in managing agencies, units, and enterprises within the People's Public Security Force.

Article 2. Applicability

This Circular applies to:

1. Departments, corps, units directly under the Ministry, provincial and municipal public security forces, fire prevention and firefighting services (hereinafter collectively referred to as local public security units) that employ contractual employees.

2. Trade unions at all levels within the People's Public Security Force include:

a) The Trade Union of the People's Public Security Force;

b) Trade unions of departments, corps, provincial and municipal public security forces, fire prevention and firefighting services (hereinafter collectively referred to as grassroots-level trade unions);

c) Grassroots trade unions directly under the Trade Union of the People's Public Security Force; grassroots trade unions directly under grassroots-level trade unions (hereinafter collectively referred to as grassroots trade unions).

3. Officers, non-commissioned officers, soldiers, workers, and contractual employees related to the exercise of lawful and legitimate interests of union members and trade union activities within the People's Public Security Force.

Article 3. Principles of Cooperation

1. Local public security units shall coordinate with trade unions at the same level to establish and implement regulations for cooperation in implementing tasks related to trade unions.

2. Heads of local public security units, mass organizations, and people's organizations within units and localities shall respect the right of union members to establish, join, and operate trade unions according to the Trade Union Law, the Charter of the Vietnam General Confederation of Labor, and regulations of the Ministry of Public Security; create favorable conditions for trade unions to operate.

3. Union members must strictly comply with the Party's guidelines and policies, state laws, the Regulations of the People's Public Security Force, internal rules and regulations of agencies, units, and enterprises, directives, and orders from superiors.

Chapter II

RIGHTS AND RESPONSIBILITIES OF THE EXECUTIVE COMMITTEES OF TRADE UNIONS AT ALL LEVELS IN REPRESENTING AND PROTECTING LAWFUL AND LEGITIMATE INTERESTS OF UNION MEMBERS

Article 4. Rights and responsibilities of the Executive Board of the Public Security Police Trade Union

1. Guide, support, and inspect the direct superior trade union organization and subordinate grassroots trade unions in exercising their rights and responsibilities to represent and protect the legitimate and reasonable rights and interests of trade union members as stipulated in this Circular.

2. Inspect and verify the contents of complaints and reports submitted through the trade union system; participate with competent authorities to resolve complaints and reports to protect the legitimate and reasonable rights and interests of trade union members within the Public Security Police.

3. Propose adjustments, supplements, and construction of regulations concerning salary systems, labor protection, social insurance, health insurance, and other policies related to the legitimate and reasonable rights and interests of trade union members to the Party Committee of the Central Public Security Police, the leadership of the Ministry of Public Security, and the General Political Department of the Public Security Police; participate in drafting laws on the organization and operation of various levels of trade unions within the Public Security Police, and establish regulations ensuring activities for trade union officers at all levels within the Public Security Police.

Article 5. Rights and responsibilities of the Executive Board of the direct superior grassroots trade union in the Public Security Police

1. Exercise the rights and responsibilities of the grassroots trade union as specified in Articles 6 and 7 of this Circular in places where grassroots trade unions have not yet been established upon request.

2. Support the grassroots trade union in implementing the rights and responsibilities as specified in Articles 6 and 7 of this Circular.

3. Attend coordination meetings, commendation councils, and advisory groups for public security units and localities regarding the implementation of other policies related to the legitimate and reasonable rights and interests of trade union members; participate in resolving complaints and reports through the trade union system.

Article 6. Rights and responsibilities of the Executive Board of the grassroots trade union in public security enterprises

1. Guide and advise trade union members on the rights and obligations of workers when entering into and performing labor contracts and employment contracts with employers according to Article 3 of Decree No. 43/2013/ND-CP.

2. Represent trade union members in negotiating, signing, and supervising the implementation of collective labor agreements as stipulated in Clause 1, Article 4 of Decree No. 43/2013/ND-CP.

3. Participate with the employer in establishing and supervising the implementation of wage scales, labor norms, remuneration rules, bonus rules, and labor regulations as stipulated in Article 5 of Decree No. 43/2013/ND-CP.

4. Organize legal counseling activities for trade union members on the Party's guidelines and state laws, regulations of the Public Security Police concerning labor, focusing on trade union-related content, social insurance, health insurance, and other relevant laws protecting the legitimate and reasonable rights and interests of trade union members through the activities of various levels of trade unions.

5. Participate with competent agencies, organizations, and individuals in resolving labor disputes as stipulated in Clauses 1 and 2, Article 8 of Decree No. 43/2013/ND-CP.

6. Recommend to competent agencies, organizations, and higher-level trade unions to consider and resolve issues when the legitimate and reasonable rights and interests of trade unions or trade union members are violated as stipulated in Clause 1, Article 9 of Decree No. 43/2013/ND-CP.

Article 7. Rights and responsibilities of the Executive Board of the Trade Union at state agencies and public service units in the People's Public Security

1. Guide and advise trade union members on the rights and obligations of workers when entering into and performing labor contracts and employment contracts with employers according to Article 3 of Decree No. 43/2013/ND-CP.

2. Organize legal counseling activities for trade union members on the Party’s guidelines and policies, state laws, regulations of the Public Security sector regarding labor, focusing on contents related to trade unions, social insurance, health insurance, and other relevant laws affecting the legitimate rights and interests of trade union members through the activities of various levels of trade unions.

3. Participate with competent authorities, organizations, and individuals in resolving labor disputes in accordance with Clause 1 and Clause 2 of Article 8 of Decree No. 43/2013/ND-CP.

4. Propose to competent authorities and higher-level trade unions to consider and resolve issues when the legitimate rights and interests of trade unions or their members are violated in accordance with Clause 2 of Article 9 of Decree No. 43/2013/ND-CP.

Chapter III

RIGHTS AND RESPONSIBILITIES OF THE EXECUTIVE BOARD PARTICIPATING IN MANAGING PUBLIC SECURITY ORGANIZATIONS, UNITS, AND ENTERPRISES

Article 8. Rights and responsibilities of the Executive Board of the Trade Union of the People's Public Security

1. Participate and cooperate with functional units of the Ministry of Public Security in advising on the establishment of legal regulations, labor systems, salary policies, labor protection, social insurance, health insurance, and other policies related to the legitimate rights and interests of trade union members; participate in discussions on building, consolidating, transforming, and restructuring the operations of Public Security enterprises.

2. Develop plans and assist the Central Party Committee of the Public Security, leadership of the Ministry of Public Security, and the Political Bureau of the Public Security to organize and implement activities for propaganda, dissemination, education, and mobilization of trade union members to effectively implement the Party’s guidelines and state policies, regulations of the Public Security sector.

3. Supervise the implementation of systems and policies related to the legitimate rights and interests of trade union members; advise, propose, and recommend to the Central Party Committee of the Public Security, leadership of the Ministry of Public Security, Political Bureau of the Public Security, and leadership of Public Security units and localities to supplement, amend, and resolve systems and policies related to the rights and interests of trade union members in line with the characteristics and requirements of the Public Security sector.

4. Participate in councils related to the legitimate rights and interests of trade union members; direct, guide, and organize competitive movements for trade union members according to the regulations of the Ministry of Public Security.

Article 9. Rights and responsibilities of the Executive Board of the Higher-Level Directly Affiliated Trade Union in the People's Public Security

1. Advise and propose to the same-level Party committee and leadership of the managing agency on the development and issuance of resolutions and directives to enhance the effectiveness of management of agencies, units, and trade union members, and issues related to employment, living conditions, and policies for trade union members within the scope of management and direction.

2. Participate with the same-level Party committee and leadership of Public Security units and localities in inspecting and supervising the implementation of systems and policies related to the legitimate rights and interests of trade union members; advise, propose, and recommend to the same-level Party committee and leadership to supplement, amend, and resolve systems and policies related to the rights and interests of trade union members.

3. Participate with the same-level Party committee and leadership of Public Security units and localities in directing and guiding the implementation of democratic regulations in agencies and units and organizing patriotic competitive movements for trade union members within the scope of management and direction.

4. Participate in advising the same-level Party committee and leadership of Public Security units and localities on examining and resolving issues related to the legitimate rights and interests of trade union members.

Article 10. Rights and responsibilities of the Trade Union Executive Board in public security enterprises

1. Participate with the head of the enterprise in formulating policies and laws, promoting, educating, and mobilizing trade union members to implement policies and laws, collective labor agreements, and legitimate rights and interests related to trade union members in order to stabilize and develop the enterprise.

2. Participate with the head of the enterprise on policies for production development, improving labor productivity, implementing scientific and technological applications, techniques, and labor protection; establishing standards and regulations ensuring safety and hygiene at work, fire prevention and control, occupational disease prevention, and environmental protection; organizing a network of safety and hygiene workers.

3. Inspect the implementation of laws on labor protection; safety and hygiene at work; fire prevention and control; environmental protection; recommend the head of the enterprise or responsible persons to immediately take measures to ensure safety and hygiene at work; fire prevention and control; if necessary, request the suspension of production to ensure safety; appoint staff to participate in investigating labor accidents, recommending competent authorities to resolve consequences and handle violations.

4. Participate with the head of the enterprise in formulating policies to ensure employment and living conditions for trade union members; building harmonious and stable labor relations; implementing democratic regulations within the enterprise in accordance with the law; proactively implementing and guiding the execution of patriotic competition movements, excellent and creative labor movements, and other movements initiated by the Ministry of Public Security and higher-level trade unions.

5. Participate in councils examining and resolving legitimate rights and interests of trade union members.

Article 11. Rights and responsibilities of the Trade Union Executive Board in public security agencies and state-owned institutions

1. Participate with the Party committee, heads of agencies and units in organizing improvements in working methods, administrative reform, enhancing quality and efficiency of work; improving working conditions; building a friendly and harmonious working environment in agencies and units; effectively implementing grassroots democracy regulations; applying science and technology to work.

2. Participate in councils examining and resolving issues related to systems, policies, and rights of trade union members in agencies and units.

3. Participate with the Party committee, heads of agencies and units in formulating and implementing patriotic competition movements, excellent and creative labor movements; organizing propaganda and mobilizing trade union members to strictly adhere to labor discipline, work discipline, programs, and plans for executing professional tasks; educating and propagandizing Party guidelines, state policies and laws, regulations of the Ministry of Public Security, internal rules, and working regulations of the unit.

Chapter IV

ENSURING THE OPERATION OF THE UNION GATEWAY

Article 12. Ensuring organizational structure and personnel

1. All levels of trade unions in the public security system are ensured organizational structure and staffing of personnel to perform functions, duties, and powers according to the provisions of the law.

2. Based on the requirements and tasks of each level of trade union and the number of trade union members, the heads of agencies, units, and enterprises are responsible for assigning full-time or part-time trade union officers according to the guidance of the Political Bureau of the Public Security Force.

Article 13. Ensuring Conditions for Operation

1. Agencies, units, and enterprises shall be responsible for ensuring office space and necessary working equipment for the trade union at the same level to operate in accordance with regulations on the system and policies for trade union officers and organizations within the People's Public Security Force.

2. Trade union officers at all levels within the People's Public Security Force shall enjoy position allowances and responsibility allowances as stipulated by the Ministry of Public Security; part-time trade union officers shall be granted time off from their regular duties to attend meetings and training sessions convened by higher-level trade unions, and the time spent on trade union duties shall be counted as time spent on regular duties.

3. Heads of budgetary units (where trade union organizations exist) shall create every possible condition to assist trade union organizations in managing income and expenditure of trade union funds within their units.

Higher-level trade union leaders shall be responsible for directing the implementation of the allocation and expenditure of trade union funds in accordance with current regulations on systems, standards, and quotas, and shall bear responsibility for their decisions before the Ministry of Public Security, financial authorities, and higher-level trade unions.

Article 14. Rewards and Disciplinary Actions

1. Trade union members and trade union executive boards at all levels within the People's Public Security Force who achieve outstanding results in trade union activities shall be recommended for commendation and rewards in accordance with the Trade Union Law, the Charter of the Vietnam General Confederation of Labor, and regulations on the organization and operation of the Public Security Workers' Trade Union.

2. Trade union members who violate regulations on trade union activities or take advantage of such activities to engage in acts of propaganda contrary to the Party's guidelines and state laws; submit complaints or denunciations in violation of regulations; cause internal discord or violate other laws shall be subject to disciplinary action as prescribed by the Trade Union Law, the Charter of the Vietnam General Confederation of Labor, regulations of the Ministry of Public Security, or criminal prosecution according to the law, depending on the nature and severity of the violations.

3. Trade union executive boards at all levels within the People's Public Security Force who fail to perform or perform incorrectly their functions, tasks, and powers, causing public dissatisfaction or economic losses to collectives or individuals, shall be held accountable by the heads or those organizing and managing the trade union organizations, and shall be recommended for compensation, disciplinary action, administrative penalties, or criminal prosecution according to the law.

Chapter V

IMPLEMENTING PROVISIONS

Article 15. Effective Date

This Circular takes effect from July 15, 2015. All previous regulations of the Ministry of Public Security that conflict with this Circular are hereby abolished.

Article 16. Responsibility for Implementation

1. Heads of public security agencies at all levels shall be responsible for disseminating, implementing, and strictly enforcing the provisions of this Circular; providing information, coordinating, and creating favorable conditions for trade unions at all levels to exercise their rights and responsibilities in representing and protecting the legitimate and just rights and interests of trade union members as stipulated in this Circular.

2. The Political Bureau of the People's Public Security Force shall be responsible for guiding, inspecting, and urging the implementation of this Circular.

3. The Finance Department shall be responsible for coordinating with the Executive Board of the Public Security Workers' Trade Union to propose issues related to the management and use of trade union finances within the People's Public Security Force according to the Trade Union Law. In case of difficulties or obstacles during implementation, public security agencies at all levels shall report to the Ministry (through the Political Bureau of the People's Public Security Force) for timely guidance.

During the implementation process, if there are difficulties or obstacles, public security agencies at all levels shall report to the Ministry (through the Political Bureau of the People's Public Security Force) for timely guidance./.