Law on Trade Unions number 40-LCT/HĐNN8

LAW

TRADE UNION

To promote the role of trade unions in the socialist revolution, to ensure citizens' rights and benefits for workers;

Based on Articles 10, 32, 83, 86, and Article 106 of the Constitution of the Socialist Republic of Vietnam;

This Law stipulates the functions, rights, and responsibilities of trade unions.

PART I

GENERAL PROVISIONS

Article 1

1- Trade unions are large political-social organizations of the working class and Vietnamese workers (collectively referred to as workers) voluntarily established under the leadership of the Communist Party of Vietnam; they are members of the political system of Vietnamese society; they are schools of socialism for workers.

2- Vietnamese workers working in production and business units belonging to various economic sectors, foreign-invested enterprises, public institutions, state agencies, social organizations (collectively referred to as agencies, units, organizations) all have the right to establish and join trade unions within the framework of the Trade Union Charter of Vietnam.

Workers' associations established in accordance with the law have the right to join labor federations.

Upon establishment, each trade union organization shall notify relevant authorities and related organizations to build cooperative working relationships.

All acts that obstruct or violate the principle of voluntary participation in trade unions and organizations, and discriminate against workers based on their joining or activities in trade unions, are prohibited.

3- Trade unions at the grassroots level and above have legal personality.

4- The General Confederation of Labor of Vietnam and industry-level trade unions of Vietnam have the right to join international trade union organizations consistent with their purposes of operation.

Article 2

1- Trade unions represent and protect the legitimate and just rights and interests of workers; they are responsible for participating with the State in developing production, solving employment issues, improving the material and spiritual living standards of workers.

2- Trade unions represent and organize workers to participate in managing agencies, units, organizations, economic and social management, and state administration; within their functional scope, they implement supervisory rights over the activities of agencies, units, and organizations in accordance with the law.

3- Trade unions are responsible for organizing, educating, and motivating workers to play their role as masters of the country, fulfill their civic duties, build, and defend the Socialist Vietnam.

Article 3

1- In all activities, trade unions must comply with the Constitution and laws.

State agencies, heads of units, and organizations respect the independence in organization and other rights of trade unions as stipulated in this Law.

2- State agencies, heads of units, organizations, and trade unions must strengthen cooperation in all activities aimed at building agencies, units, organizations, the country, and caring for workers' interests; when there are differing opinions, dialogue, negotiation, and efforts to resolve issues in accordance with the law must be conducted. State agencies, heads of units, and organizations have the responsibility to create necessary conditions for trade unions to operate.

3- With the agreement of the General Confederation of Labor of Vietnam, the Council of Ministers shall specify the relationship of operations between state agencies, heads of units, and organizations and trade unions at all levels.

PART II

RIGHTS AND RESPONSIBILITIES OF TRADE UNIONS

Article 4

1- Trade unions represent and organize workers to participate with the State in formulating and implementing programs for economic and social development, economic management policies, mechanisms, and policies related to workers' rights, obligations, and interests.

The Chairman of the General Confederation of Labor of Vietnam has the right to attend meetings of the Council of Ministers. Chairmen of trade unions at all levels may attend meetings of state agencies and related organizations when discussing issues directly related to workers' rights, obligations, and interests.

2- Trade unions are responsible for propagating the Constitution and laws, educating workers to conscientiously follow and participate in struggles to protect the law, actively build socialism and defend the country, protect socialist property, work with discipline, productivity, quality, and efficiency.

3- Grassroots trade unions, together with agencies, units, and organizations, ensure the implementation of collective workers' rights according to the law.

4- Trade unions, together with state-owned economic organizations, public institutions, and cooperatives, organize socialist mass movements, mobilizing all potential of workers to achieve economic and social goals.

Article 5

1- Within the scope of issues directly related to workers' rights, obligations, and interests, the General Confederation of Labor of Vietnam has the right to submit draft laws and ordinances to the National Assembly and the State Council.

2- Trade unions participate with state agencies in drafting laws, policies, and systems concerning labor, wages, labor protection, and other social policies directly related to workers' rights, obligations, and interests.

3- Trade unions are responsible for urging and monitoring the implementation of labor policies and systems.

Article 6

1- Trade unions cooperate with state agencies to study and apply science and technology for labor protection, to develop safety and hygiene standards and regulations.

2- Trade unions are responsible for educating and mobilizing workers to strictly adhere to labor protection regulations and environmental protection.

3- Trade unions inspect compliance with labor protection laws. When discovering workplaces with signs of danger to workers' lives, trade unions have the right to request those responsible to immediately implement measures to ensure workplace safety, including temporarily suspending operations if deemed necessary.

4- Trade unions must participate in investigating labor accidents. Trade unions have the right to request state agencies or courts to handle persons responsible for causing labor accidents in accordance with the law.

, Clause 1, Clause 2 Article 7a of this Regulation.

Trade unions participate with agencies and related organizations in resolving employment issues, organizing vocational training, and enhancing workers' occupational skills, cultural, scientific, and technical knowledge.

Article 8

1- Trade unions participate in formulating social policies and participate with state agencies in managing social insurance in accordance with the law.

2- The trade union has the responsibility to jointly care for the cultural life, physical exercise activities, rest, and tourism for workers with relevant agencies, units, and organizations.

3- The grassroots trade union shall coordinate with management agencies, units, and organizations to manage and utilize collective welfare funds to serve the interests of workers.

Article 9

1- Within its functions, the trade union shall inspect compliance with laws on labor contracts, recruitment, termination of employment, wages, bonuses, labor protection, social insurance, and related policies concerning the rights, obligations, and benefits of workers.

2- When conducting inspections, the trade union shall request heads of agencies, units, and organizations to respond to raised issues, propose measures to correct deficiencies, prevent violations of the law, and handle law violators.

3- Heads of agencies, units, and organizations must inform the trade union about the results of addressing the trade union's proposals within the time limit prescribed by law. Issues that cannot be resolved must clearly state the reasons.

Article 10

The trade union represents workers to request heads of agencies, units, and organizations to meet and respond to issues raised by workers.

When necessary, the trade union shall organize dialogue between the workforce and heads of agencies, units, and relevant organizations to resolve issues related to the rights, obligations, and benefits of workers.

Article 11

1- The grassroots trade union shall represent workers to sign collective labor agreements with directors of enterprises under various economic sectors; supervise the signing and implementation of labor contracts.

2- The trade union participates with state agencies to resolve complaints and reports from workers according to the law.

3- The trade union represents workers to negotiate with heads of agencies, units, and organizations to resolve labor disputes occurring within their own agencies, units, and organizations.

When competent authorities or courts adjudicate labor disputes, representatives of the trade union must attend and express opinions.

4- Workers, even if they are not members of the trade union, have the right to request the Trade Union Executive Committee to represent and protect their legitimate rights and interests before the court, heads of agencies, units, and relevant organizations.

Article 12

1- State agencies, heads of units, and organizations need to discuss with the corresponding level trade union before deciding on issues directly related to the rights, obligations, and benefits of workers.

2- Before deciding on issues regarding wages, bonuses, housing, disciplinary actions up to dismissal or early termination of labor contracts, the director of state-owned enterprises, head of state agencies, and public institutions must discuss and agree with the Trade Union Executive Committee.

In cases where there is disagreement on the issues stipulated in this clause, both parties must report to the competent authority or organization for resolution. Within thirty days from receiving the report, the competent authority or organization must reply.

The Council of Ministers and the Vietnam General Confederation of Labor shall specify the procedures and formalities for resolving disagreements between the trade union and heads of agencies, units, and organizations.

Issues falling within the scope of labor disputes shall be resolved according to the law on resolving labor disputes.

3- Issues within the scope of discussion and agreement between the Vietnam General Confederation of Labor and the Council of Ministers shall be resolved according to the Regulation on Coordination of Activities between the two sides.

Article 13

Based on the provisions of this Law, the Council of Ministers together with the Vietnam General Confederation of Labor shall specify the specific rights and responsibilities of grassroots trade unions appropriate to the characteristics of each type of agency, unit, organization, and enterprise under various economic sectors and cooperatives.

CHAPTER III

GUARANTEES FOR TRADE UNION ACTIVITIES

Article 14

Heads of agencies, units, and organizations shall create favorable conditions for work and provide necessary information for the trade union to perform its functions, rights, and responsibilities.

With the agreement of the Vietnam General Confederation of Labor, the Council of Ministers shall specify these matters in detail.

Article 15

1- Heads of agencies, units, and organizations shall create favorable conditions for workers to fulfill their duties when they are elected to the Trade Union Executive Committee or assigned tasks by the trade union.

2- Non-professional trade union staff may allocate a certain amount of time during working hours for trade union activities. The Council of Ministers and the Vietnam General Confederation of Labor shall specify the time and conditions for non-professional trade union staff activities.

3- The Vietnam General Confederation of Labor shall specify the number of full-time trade union staff.

The salary of full-time staff shall be determined by the Vietnam General Confederation of Labor according to the general policy and funded by the trade union fund.

4- When deciding to terminate employment, dismiss, or prematurely end a labor contract and transfer positions for trade union executive committee members, it must be agreed upon by the corresponding level trade union executive committee; for the Chairman of the Trade Union Executive Committee, it must be agreed upon by the higher-level trade union.

Article 16

1- The trade union shall implement self-management of finances according to the law and regulations of the Vietnam General Confederation of Labor.

2- Sources of income into the trade union fund include:

a) Contributions from trade union members; income from cultural, sports, tourism, and business activities of the trade union; support from international organizations and foreign trade unions;

b) Operating expenses provided by the state budget; money allocated from agency, unit, and organizational funds transferred into the trade union fund according to the Council of Ministers' regulations.

Article 17

The property of the trade union is socialist property, protected and encouraged to develop by law, and must be managed and used in accordance with the law.

Immovable and movable properties, trade union funds, operational means, and other assets created by the trade union, and assets donated from abroad to the trade union belong to the ownership of the trade union.

PART IV

FINAL PROVISIONS

Article 18

Those who violate the provisions of this Law shall be subject to disciplinary action, administrative penalties, or criminal prosecution depending on the severity of the violation.

Article 19

This Law replaces the Trade Union Law dated November 5, 1957.

All previous provisions contrary to this Law are hereby abolished.

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This Law was adopted by the National Assembly of the Socialist Republic of Vietnam, Eighth Session, Seventh Meeting, on June 30, 1990.