Law on Trade Unions number 50/2024/QH15

LABOR UNION LAW

On the basis of the Constitution of the Socialist Republic of Vietnam;

The National Assembly enacts the Labor Union Law. 

PART I
GENERAL PROVISIONS

The Vietnam 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 led by the Communist Party of Vietnam; it represents workers, officials, civil servants, employees (hereinafter referred to collectively as workers), together with state agencies, economic organizations, social organizations, in caring for and protecting the legitimate rights and interests of workers; participates in state management, economic and social management; monitors and provides social feedback; participates in inspecting, auditing, supervising the activities of state agencies, organizations, units, enterprises regarding issues related to the rights and obligations of workers; promotes education, mobilizes workers to improve their qualifications and vocational skills, comply with laws, participate in labor competitions, build and defend the country.

Article 2. Scope of Regulation

This Law stipulates the functions, tasks, rights, and responsibilities of the Vietnam Trade Union; the right to establish, join, and operate trade unions of workers, union members; the joining of the Vietnam Trade Union by organizations of workers at enterprises; the rights and responsibilities of union members; the responsibilities of the State, agencies, organizations, units, enterprises, and employers towards the Trade Union; ensuring the operation of the Trade Union; resolving disputes and handling violations of laws concerning trade unions.

Article 3. Applicability

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

Article 4. Definitions

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

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

5. Trade Union Officer is a Vietnamese citizen elected, recruited, appointed, or designated to perform the tasks of the trade union organization. Trade union officers include:

a) Full-time Trade Union Officer is someone elected, recruited, appointed, or designated to regularly undertake work within the trade union organization;

b) Part-time Trade Union Officer is someone elected by trade union levels or designated by the competent authority of the trade union to positions from deputy head of the trade union group upwards to concurrently undertake work of the trade union organization.

6. Trade Union Member is a worker admitted or recognized into the Vietnam Trade Union according to the Charter of the Vietnam Trade Union.

7. Employeris an agency, organization, unit, enterprise, cooperative, association of cooperatives, household, individual hiring, recruiting, or employing workers and paying wages or remuneration as prescribed by law.

8. Disputes over Trade Union Rights are disputes arising between workers, trade union members, trade union organizations and employers regarding the implementation of trade union rights or between trade union organizations and organizations of workers at enterprises regarding matters related to the organization and operation of trade unions.

9. ||| 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, operations, and organizational structure of the Vietnam General Confederation of Labor; conditions, procedures, and formalities for establishing, joining, dissolving, and terminating labor unions; rights and responsibilities of various levels of labor union organizations; rights and responsibilities of trade union members; finances and assets of the trade union; other matters related to the organization and operation of the trade union. The Charter of the Vietnam General Confederation of Labor must not contravene the Constitution, laws, and regulations of competent authorities. ||| Article 5. Rights to establish, join, and operate labor unions

||| 1. Vietnamese workers have the right to establish, join, and operate labor unions.

||| 2. Foreign workers employed in Vietnam under labor contracts with a duration of at least twelve months may join and operate within the grassroots labor union.

||| 3. The establishment, joining, and operation of labor unions shall be carried out in accordance with the provisions of the Charter of the Vietnam General Confederation of Labor, this Law, and other relevant legal regulations.

||| Article 6. Joining the Vietnam General Confederation of Labor by worker organizations in enterprises

||| Worker organizations in enterprises that are legally established and operating and voluntarily agree with the Charter of the Vietnam General Confederation of Labor have the right to join the Vietnam General Confederation of Labor; the procedure for joining the Vietnam General Confederation of Labor is as follows:

||| 1. Documents for joining the Vietnam General Confederation of Labor include:

||| a) A document requesting to join the Vietnam General Confederation of Labor;

||| b) Copies of documents demonstrating the legality of the worker organization in the enterprise;

||| c) A document demonstrating the decision of the worker organization in the enterprise to join the Vietnam General Confederation of Labor; the formality for adopting the decision to join the Vietnam General Confederation of Labor shall comply with the provisions of the Labor Law;

||| d) A list signed by voluntary members joining the Vietnam General Confederation of Labor;

||| đ) Relevant legal documents and agreements concerning the resolution of rights and obligations of the worker organization in the enterprise and its members related to the worker organization in the enterprise;

||| 2. Procedures and formalities for joining the Vietnam General Confederation of Labor are implemented as follows:

||| a) The worker organization in the enterprise sends the documents specified in Clause 1 of this Article to the provincial-level, central-level industry trade union or equivalent body with authority;

||| b) Upon receiving all required documents as specified in Clause 1 of this Article, the provincial-level, central-level industry trade union or equivalent body with authority reviews and recognizes the worker organization in the enterprise's joining the Vietnam General Confederation of Labor; if it does not recognize, it must respond in writing and specify the reasons;

||| 3. When recognized for joining the Vietnam General Confederation of Labor:

||| a) The worker organization in the enterprise automatically ceases operations as a worker organization in the enterprise. The provincial-level, central-level industry trade union or equivalent body with authority has the responsibility to notify the result of recognition to the competent state management agency to revoke the registration previously issued;

||| b) Workers who are members of the worker organization in the enterprise and voluntarily meet the conditions to join the Vietnam General Confederation of Labor according to the Charter of the Vietnam General Confederation of Labor are recognized as trade union members;

||| 4. The Vietnam General Confederation of Labor guides the process of joining the Vietnam General Confederation of Labor by worker organizations in enterprises as stipulated in this Article.

4. The Vietnam General Confederation of Labor shall provide guidance on the process of joining the Vietnam Trade Union for the organizations of workers at enterprises as prescribed in this Article.

Article 7. Principles of Organization and Operation of the Vietnam General Confederation of Labor

1. The Labor Union is established on a voluntary basis; operates according to the principle of centralized democracy; cooperates and coordinates with employers while ensuring the independence of the Labor Union organization.

2. The Labor Union organizes and operates in accordance with the Charter of the Vietnam General Confederation of Labor, consistent with the Party's guidelines, policies, and state laws.

Article 8. System of Organizations of the Vietnam General Confederation of Labor

a) Central level is the Vietnam General Confederation of Labor;

b) Provincial and central industry-level unions include provincial labor federations, provincial-level cities directly under the central government (hereinafter referred to as provincial-level labor federations); central industry-level unions; economic group unions, total company unions directly under the Vietnam General Confederation of Labor;

c) Directly superior-level unions above the grassroots level include county-level labor federations, district-level labor federations, town-level labor federations, city-level labor federations within provinces, provincial-level cities directly under the central government (hereinafter referred to as county-level labor federations); local industry-level unions; economic group unions, total company unions not falling under the provisions of point b clause 1 of this Article; industrial zone unions, export processing zone unions, economic zone unions, high-tech zone unions; other directly superior-level grassroots unions as prescribed in the Charter of the Vietnam General Confederation of Labor;

d) Grassroots-level unions include grassroots-level union organizations, grassroots-level trade union organizations.

2. The Vietnam General Confederation of Labor decides on the establishment and determines the level of the Labor Union for administrative-economic special zones based on the decision of the National Assembly regarding the establishment of administrative-economic special zones.

3. The model of labor union organization is built towards openness and flexibility, suitable to the legitimate needs and aspirations of labor union members and workers, practical requirements, and legal regulations. The Vietnam General Confederation of Labor is responsible for guiding the implementation of the contents stipulated in this clause.

4. Conditions, procedures, and formalities for establishing, dissolving, and ceasing operations of labor union organizations are carried out in accordance with the provisions of the Charter of the Vietnam General Confederation of Labor.

Article 9. International Cooperation on Labor Unions

1. International cooperation on labor unions must be consistent with the Party's guidelines, foreign policy, Constitution, laws, regulations on people's external affairs work, and international treaties to which the Socialist Republic of Vietnam is a member.

2. International cooperation on labor unions is implemented on the basis of respecting independence, sovereignty, and territorial integrity, ensuring the principles of equality, respect for political systems, and non-interference in each other's internal affairs; enhancing the position and reputation of Vietnam and the Vietnam General Confederation of Labor on the international stage.

3. Contents of international cooperation on labor unions include:

a) Information dissemination and propaganda about the Party's guidelines, policies, foreign policies, achievements in economic and social development;

b) Training and capacity building for labor union cadres;

c) Sharing experiences in labor union activities, international worker movements; implementing solidarity and support activities internationally;

d) Establishing cooperative relations, negotiating, signing, and implementing bilateral and multilateral cooperation commitments and agreements; representing the national interests of workers at international forums; participating in activities, joining or withdrawing from international labor union organizations;

đ) Mobilizing, coordinating, approving, receiving, managing, and utilizing international partners' financial aid, sponsorship, and technical assistance to the Labor Union in accordance with the law;

e) Receiving and presenting various forms of awards;

g) Implementing other people-to-people diplomacy activities in accordance with the functions and responsibilities of the Vietnam General Confederation of Labor.

4. The Vietnam General Confederation of Labor is responsible for guiding and managing international cooperation activities in accordance with this Law and related laws.

Article 10. Prohibited Acts

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

2. Discrimination against workers and labor union cadres due to reasons of establishment, membership, or labor union activities, including the following acts:

a) Requiring participation, non-participation, or withdrawal from the Vietnam General Confederation of Labor to be hired, enter into or extend labor contracts, employment contracts;

b) Dismissal, disciplinary action, unilateral termination of labor contracts, employment contracts; not continuing to enter into or extend labor contracts, employment contracts; transferring workers to other jobs;

c) Discrimination in wages, bonuses, benefits, working hours, and other rights and obligations in labor;

d) Discrimination based on gender, ethnicity, religion, belief, and other forms of discrimination in labor;

đ) Providing false information to undermine the reputation and honor of labor union cadres;

e) Offering material or non-material benefits to induce workers and labor union cadres not to participate in labor union activities, to resign from labor union positions, or engage in actions against the Labor Union;

g) Interfering, obstructing, or creating difficulties in relation to work to weaken labor union activities;

h) Other acts as prescribed by law.

3. Using economic measures, mental threats, or other measures detrimental to labor union organizations, interfering, manipulating the process of establishment and operation of labor unions, weakening or rendering ineffective the performance of labor union functions, duties, rights, and responsibilities.

4. Failing to ensure the conditions for labor union activities and labor union cadres as prescribed by law.

5. Not paying labor union fees; delaying payment of labor union fees; paying labor union fees below the prescribed amount; paying labor union fees for fewer individuals than required; mismanaging and improperly using labor union funds.

6. Accepting financial aid, sponsorship, and technical assistance in violation of the law.

7. Misusing labor union rights to violate the law, infringing upon the interests of the State, the legitimate rights and interests of agencies, organizations, units, enterprises, and individuals.

8. Providing false information, inciting, distorting, or slandering about labor union organizations and activities.

Chapter II
RIGHTS AND RESPONSIBILITIES OF THE LABOR UNION AND LABOR UNION MEMBERS

Section 1
RIGHTS AND RESPONSIBILITIES OF THE LABOR UNION

Article 11. Representation, care, and protection of legitimate and rightful rights and interests of trade union members and workers

1. The Vietnam General Confederation of Labor is the sole representative of workers at the national level in labor relations; it is a member of committees, steering boards, and national councils related to the legitimate and rightful rights and interests of workers and the rights and responsibilities of the trade union organization.

2. Representing groups of workers in collective bargaining, signing, and monitoring the implementation of collective labor agreements in accordance with labor laws.

Initiating agreements with employers, employer representative organizations to support and implement more favorable systems and conditions than those stipulated by labor laws.

3. Legally representing groups of workers in initiating labor disputes before courts when the legitimate and rightful rights and interests of groups of workers are violated.

Representing workers under authorization to initiate labor disputes before courts when the legitimate and rightful rights and interests of workers are violated, except where otherwise provided by laws on civil procedure.

4. Representing workers and groups of workers in civil and administrative litigation in labor, administrative, and bankruptcy cases to protect their legitimate and rightful rights and interests according to the law.

5. Participating in building, issuing, and supervising the implementation of wage scales, labor norms, remuneration regulations, incentive regulations; labor rules; plans, regulations, procedures, measures for ensuring safety and hygiene at work; regulations implementing democracy in agencies, organizations, units, enterprises, and other documents and contents as prescribed by law.

6. Cooperating with employers to organize meetings of cadres, civil servants, employees, and workers in accordance with the law on implementing democracy at the grassroots level.

7. Engaging in workplace dialogues with employers regarding issues related to the legitimate and rightful rights and obligations of workers as prescribed by law.

8. Organizing activities to care for, improve living standards, culture, and spirit; encouraging, rewarding, and supporting when sick, pregnant, facing difficulties, or disasters, and other caring activities for trade union members and workers.

9. Supporting training, vocational education, job search; advising workers on their rights and obligations when entering into and performing labor contracts and employment contracts.

10. Organizing legal support activities for trade union members and workers. Forms of legal support include:

a) Legal counseling through guidance, providing opinions, and assisting in drafting documents related to disputes, complaints, legal issues; guiding parties to mediate, negotiate, and reach solutions to disputes.

b) Participating in litigation as a representative of rights and legitimate interests or as a defense counsel according to the law on civil procedure.

c) Representing outside litigation before competent state authorities.

11. Investing in building social housing, cultural, sports facilities, and related technical infrastructure to serve trade union members and workers as prescribed by law.

12. Ensuring equal opportunities and promoting measures to advance gender equality in representation, care, and protection of legitimate and rightful rights and interests of trade union members and workers.

13. Directing and guiding the operation of People's Inspection Committees in state-owned agencies, units, and enterprises according to the law on implementing democracy at the grassroots level.

14. Managing and guiding the operation of occupational safety and health officers' network, participating in accident investigations according to the law on occupational safety and health.

15. Participating with competent agencies, organizations, and individuals in resolving labor disputes according to the law.

16. Proposing to competent agencies, organizations, and individuals to consider and resolve when the legitimate and rightful rights and interests of groups of workers or individual workers are infringed upon.

17. Organizing and leading strikes according to the law.

Article 12. Participation in State Administration and Economic-Social Management

1. Participate with state agencies in formulating policies and laws on economic-social affairs, labor, employment, wages, social insurance, unemployment insurance, health insurance, occupational safety and hygiene, and other policies and laws related to trade unions and the rights and obligations of workers.

2. Participate with state agencies in protecting the legitimate rights and interests of workers regarding social insurance, unemployment insurance, health insurance, work injury insurance, and occupational disease insurance.

3. Participate in establishing and implementing regulations for democratic practices within agencies, organizations, units, and enterprises.

4. Implement the rights and responsibilities of the Trade Union in occupational safety and hygiene work as stipulated by laws on occupational safety and hygiene.

5. Implement measures to support and protect trade union members, trade union officials, and grassroots trade unions; guide and support collective dialogue, negotiation, signing, and implementation of collective labor agreements to ensure substance. Participate in building progressive, harmonious, and stable labor relations.

6. Provide, connect, and share information and data about trade union organization and activities with state management agencies as prescribed by law.

7. Propose recommendations to competent state agencies for consideration and resolution of complaints, appeals, and issues of concern to trade union members and workers.

8. Organize and coordinate organizing nationwide, sectoral, local, agency, organizational, unit, and enterprise mass movement campaigns as prescribed by law.

Article 13. Submitting Draft Laws, Ordinances, Resolutions, and Proposing Legislation

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

2. All levels of trade unions have the right to propose to competent state agencies the formulation, amendment, and supplementation of policies and laws related to trade unions and the rights and obligations of workers.

Article 14. Attendance at Sessions, Meetings, and Conferences

1. The Chairman of the General Confederation of Labor of Vietnam shall be invited to attend sessions of the National Assembly, meetings of the Standing Committee of the National Assembly, the Government, and central-level agencies and organizations when discussing and deciding matters related to the rights and obligations of trade union members, workers, trade unions, and economic-social development.

4. The Chairman of grassroots trade unions shall be invited by employers to attend meetings and conferences related to the rights, obligations, and responsibilities of trade union members, workers, and trade unions.

Article 15. Participation in inspection and supervision of activities of agencies, organizations, units, and enterprises

1. The Trade Union shall be responsible for participating and coordinating with competent state agencies to inspect and supervise the implementation of trade union systems, policies, laws on labor, employment, wages, civil servants, public officials, social insurance, unemployment insurance, health insurance, occupational safety and health, and other relevant systems, policies, and laws concerning the rights and obligations of workers.

2. When inspecting and supervising matters directly related to the legitimate rights and interests of workers and the Trade Union, competent state agencies shall have the responsibility to invite representatives of the Trade Union to participate.

3. When participating in inspections and supervision, representatives of the Trade Union shall have duties, powers, and responsibilities as prescribed by relevant laws and the following rights and responsibilities:

a) Request agencies, organizations, units, enterprises to provide information, documents, and explanations regarding issues related to the inspection and supervision content.

b) Propose measures to prevent, correct, mitigate consequences, and handle violations of the law.

c) Require agencies, organizations, units, enterprises, and individuals responsible to immediately implement corrective measures to ensure occupational safety and health, including suspending operations if hazardous or harmful factors to the health and lives of workers are discovered.

Article 16. Supervision by the Trade Union

1. Trade Union supervision includes participation in supervision with competent state agencies and self-initiated supervision.

2. Trade Union participation in supervision with competent state agencies shall be carried out in accordance with the Law on the Vietnam Fatherland Front and other relevant laws.

3. Self-initiated supervision by the Trade Union has a social nature, including monitoring, identifying, examining, evaluating, and proposing recommendations in the development and implementation of policies and laws on trade unions, labor, employment, wages, social insurance, unemployment insurance, health insurance, occupational safety and health, collective labor agreements, grassroots democracy, and other relevant systems, policies, and laws directly concerning the legitimate rights and interests of workers and the Trade Union.

4. Self-initiated supervision by the Trade Union over employers and related agencies and organizations shall be conducted in accordance with this Law, other relevant laws, and shall ensure the following principles:

a) Objectivity, transparency, and clarity;

b) Originating from the legitimate demands and aspirations of trade union members and workers;

c) Not overlapping in content and timing with inspection and supervision activities; not hindering the normal operation of employers and supervised agencies and organizations.

5. Self-initiated supervision by the Trade Union shall be carried out through the following forms:

a) Studying and reviewing documents and reports from employers and supervised agencies and organizations;

b) Through dialogue with employers and meetings of civil servants, public officials, and workers as stipulated by law on grassroots democracy;

c) Through the activities of People's Inspection Committees at state-owned agencies, units, and enterprises;

d) Organizing inspection teams.

6. When conducting self-initiated supervision, the Trade Union shall have the following rights and responsibilities:

a) Develop a supervision program and plan including content, form, subjects, time, and other necessary elements to ensure effective supervision;

b) Notify in advance about the supervision program and plan and request employers and related agencies and organizations to submit written reports or provide information and documents related to the supervision content;

c) Require employers and supervised agencies and organizations to clarify issues necessary for supervision;

d) Propose that employers, supervised agencies and organizations, or those with authority consider applying measures to protect the legitimate rights and interests of workers, agencies, organizations, individuals, and national interests;

đ) Propose consideration of the responsibility of employers, supervised agencies and organizations, and individuals found to have violated the law through supervision;

e) Notify the results of supervision to employers, supervised agencies and organizations, and related agencies and organizations;

g) Be responsible for post-supervision recommendations; follow up and urge the resolution of post-supervision recommendations; examine and resolve when there are recommendations regarding the supervision results.

7. Employers and supervised agencies and organizations shall have the following rights and responsibilities:

a) Be notified in advance about the content and plan of supervision;

b) Arrange time, location, and participants for work according to the requirements of the inspection team;

c) Be allowed to exchange and clarify issues under their responsibility during supervision;

d) Be allowed to propose reconsideration of supervision results and post-supervision recommendations if necessary;

đ) Implement the requirements and proposals stipulated in points b, c, d, and đ of Clause 6 of this Article;

e) Implement post-supervision recommendations.

Article 17. Social Critique by Trade Unions

1. Trade unions have the right and responsibility to participate in providing opinions and social critique on draft regulatory legal documents, plans, programs, projects, and proposals of state agencies that directly affect the rights and interests of trade union members and workers.

The social critique opinions of trade unions shall be studied, adopted, and explained in accordance with the provisions of the law.

2. Trade unions have the responsibility to propose content and implement social critique in accordance with the provisions of the Law on the Vietnam Fatherland Front and other relevant laws.

Article 18. Propaganda, Mobilization, and Education of Workers

1. Propaganda on the Party's policies, State's policies and laws related to trade unions, workers, the Charter of the Vietnam General Confederation of Labor, and other regulations of the trade union.

2. Propaganda, mobilization, and education of workers to study and improve their political, cultural, professional, and vocational skills, work style, awareness of law compliance, internal rules, and regulations of agencies, organizations, units, enterprises, gender equality, prevention of sexual harassment at workplaces, and non-discrimination.

3. Propaganda, mobilization, and education of workers to actively participate in patriotic competition movements, increase labor productivity and work efficiency, practice thrift, combat waste, fight corruption and illegal activities as initiated by the chairpersons of trade unions at all levels and heads of agencies, organizations, units, and enterprises.

Article 19. Development of Trade Union Members, Basic Trade Unions, and Basic Industry Associations

1. Trade unions have the right and responsibility to develop trade union members, establish basic trade unions, and basic industry associations.

4. Basic trade unions and basic industry associations have the responsibility to propagate, mobilize, and meet with workers to join the trade union.

5. In cases where workers establish basic trade unions or basic industry associations on their own, the trade union will guide and support workers to form organizing committees to establish basic trade unions or basic industry associations in accordance with the provisions of the Charter of the Vietnam General Confederation of Labor.

6. Local authorities, specialized agencies under People's Committees at all levels, and other related agencies and organizations have the responsibility to create favorable conditions for trade unions at all levels to exercise their rights and responsibilities in propaganda and mobilization work to encourage workers to join and establish basic trade unions and basic industry associations.

Article 20. Rights and Responsibilities of Trade Unions towards Workers in Places Without Representative Worker Organizations

1. In places without representative worker organizations at the workplace, trade unions have the right and responsibility to represent and protect the legitimate and reasonable rights and interests of workers when requested by workers there or when discovering signs of employers infringing upon the legitimate and reasonable rights and interests of workers, except in cases stipulated in Clause 2 of this Article.

2. Workplace dialogue and collective bargaining shall be implemented in accordance with the provisions of labor laws.

Section 2
RIGHTS AND RESPONSIBILITIES OF TRADE UNION MEMBERS

Article 21. Rights of trade union members

1. Request the trade union to represent and protect their legitimate and just rights and interests when they are violated.

2. Receive information, participate in discussions, propose and vote on trade union matters.

3. Be informed and disseminated about the policies and laws of the State related to trade unions, workers, and regulations of the trade union.

4. Nominate, elect, and be elected to leadership positions within the trade union in accordance with this Law and the Charter of the Vietnam Trade Union.

5. Question trade union leaders at all levels and propose disciplinary actions against erring trade union officials according to the Charter of the Vietnam Trade Union.

6. Receive free legal support from the trade union regarding trade union laws, labor, employment, social insurance, unemployment insurance, health insurance, occupational safety and health, civil servants, public officials, and employees.

7. Receive advice, guidance, and assistance from the trade union in finding jobs, learning trades, improving professional skills, and being visited and supported during illness, maternity leave, difficulties, and other welfare activities organized by the trade union.

8. Participate in cultural, sports, sightseeing, and travel activities organized or co-organized by the trade union.

9. Propose to the trade union to request relevant agencies, organizations, units, enterprises, cooperatives, and cooperative federations to implement policies, regulations, and laws concerning workers.

10. Enjoy housing rental policies provided by the Vietnam General Confederation of Labor.

11. Be recognized and rewarded for achievements in labor, production, and trade union activities.

12. Other rights as prescribed by relevant laws and the Charter of the Vietnam Trade Union.

Article 22. Responsibilities of trade union members

1. Adhere to and implement the Charter of the Vietnam Trade Union, resolutions, and regulations of the trade union; participate in trade union activities and contribute to strengthening the trade union.

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

3. Unite and assist colleagues in both work and life; enhance productivity, quality, and efficiency of labor; protect the legitimate and just rights and interests of workers and the trade union organization; participate in building progressive, harmonious, and stable labor relations.

Chapter III
RESPONSIBILITIES OF THE STATE AND EMPLOYERS TOWARDS THE TRADE UNION

EMPLOYERS WITH REGARD TO THE TRADE UNION

Article 23. Responsibilities of the State towards the Trade Union

1. Ensure, support, coordinate, and create conditions for the trade union to perform its functions, tasks, rights, and responsibilities as prescribed by law.

2. Promote, disseminate, and educate on laws related to trade unions, labor, and other laws relevant to the rights and obligations of workers.

3. Inspect, monitor, supervise, and handle violations of laws related to trade unions, labor, and other laws directly affecting the legitimate and just rights and interests of workers; jointly with the trade union, care for and ensure the legitimate and just rights and interests of workers.

4. Solicit opinions from the trade union when formulating policies and laws directly related to trade unions and the rights and obligations of workers.

5. Coordinate and create conditions for the trade union to participate in state management, economic and social management, represent and protect the legitimate and just rights and interests of workers; have preferential recruitment policies for full-time trade union officials who have grown from grassroots levels, and workers who have grown in the workers' movement and trade union activities.

6. Timely address the trade union's proposals related to caring for and protecting the legitimate and just rights and interests of workers and trade union activities.

7. The Government, Ministries, ministerial-level agencies, and local authorities shall be responsible for providing necessary information and materials for the trade union to participate in social feedback and opinion formation in the development of policies, laws, plans, programs, projects, and proposals directly related to trade unions, the rights and interests of trade union members, and workers.

Article 24. Relations between Trade Unions and the State, with Employers

Relations between Trade Unions and the State, with employers are cooperative relations to fulfill the functions, tasks, rights, responsibilities of each party as prescribed by law, contributing to building progressive, harmonious and stable labor relations.

Article 25. Responsibilities of Employers towards Trade Unions

1. Recognize, respect, create conditions, and not obstruct or make difficulties for workers when they carry out lawful activities to establish, join, and operate trade unions.

2. Cooperate with trade unions to perform the functions, rights, responsibilities, and obligations of each party as prescribed by law.

3. Cooperate with the trade union of their organization, institution, unit, enterprise to build, issue, and implement regulations on cooperation between both parties.

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 organization and operation as prescribed by law when requested by trade unions, except where otherwise provided by law.

6. Cooperate with trade unions to organize dialogue, collective bargaining, signing and implementing collective labor agreements, and regulations on democratic implementation at the grassroots level, and organizing staff meetings according to the provisions of law.

7. Seek the opinion of trade unions before making decisions concerning the rights and obligations of workers as prescribed by law.

8. Cooperate with trade unions to resolve labor disputes and issues related to the implementation of labor laws as prescribed by law.

9. Ensure conditions for trade union operations and trade union officials as prescribed by law and pay trade union fees as prescribed by this Law.

Chapter IV
ENSURING TRADE UNION ACTIVITIES

Article 26. Ensuring Organizational Structure and Trade Union Officials

1. All levels of trade unions are ensured organizational structure and the number of officials, civil servants, and employees necessary to perform their functions, rights, and responsibilities as prescribed by law.

2. The General Confederation of Labor of Vietnam builds the organizational structure, job positions, and titles of trade union officials to be submitted to competent authorities for decision-making or decided within its authority.

3. Based on the requirements and tasks of each grassroots trade union and the number of workers in the organization, institution, unit, enterprise, the competent authority managing trade union officials decides to allocate full-time trade union officials.

Article 27. Ensuring Conditions for Trade Union Activities

1. Organizations, institutions, units, enterprises have the responsibility to arrange workplaces, working tools, and necessary conditions for the same-level trade unions to operate.

2. Non-full-time trade union officials are entitled to use 24 hours of work per month for the chairman and vice-chairman of grassroots trade unions; 12 hours of work per month for members of the executive board, team leaders, and deputy team leaders of trade union teams to perform trade union work and receive wages from employers. Depending on the scale, type, nature of the organization, institution, unit, enterprise, the grassroots trade union executive board and employers may agree on additional time.

3. Non-full-time trade union officials are entitled to take leave and receive wages paid by employers during participation in congresses, meetings, conferences, seminars, training sessions convened by higher-level trade unions and such time does not count towards the time stipulated in Clause 2 of this Article; travel, food, accommodation, and living expenses during such participation shall be covered by the convening trade union.

4. Non-full-time trade union officials paid by employers are entitled to receive allowances for trade union officials as prescribed by the General Confederation of Labor of Vietnam.

5. Full-time trade union officials paid by trade unions are entitled to benefits and collective welfare equal to those of workers employed in the organization, institution, unit, enterprise.

Article 28. Guarantee for non-professional trade union officials

1. In cases where the labor contract or employment contract expires while the employee who is a non-professional trade union official is still within the term of the trade union, the labor contract or employment contract shall be extended until the end of the trade union term.

2. The employer shall not unilaterally terminate the labor contract or employment contract, dismiss, compel to resign, or transfer to another job for a non-professional trade union official without the written agreement of the higher-level trade union. In case of disagreement, both parties must report to the competent authority. After thirty days from the date of notification to the competent authority, the employer has the right to decide and shall bear responsibility for their decision.

3. In cases where a non-professional trade union official is unlawfully terminated from the labor contract or employment contract, compelled to resign, or dismissed by the employer, the Trade Union shall have the responsibility to request the competent state authority to intervene or represent legally to initiate a labor dispute lawsuit before the Court to protect the rights and legitimate interests of the trade union official, except in cases where the trade union official refuses.

In cases where it is impossible to return to the previous job, the non-professional trade union official shall be supported by the Trade Union to find new employment, and during the period of unemployment, they shall be supported financially from the trade union's financial resources according to the regulations of the Vietnam General Confederation of Labor.

Article 29. Trade Union Finance

1. Sources of trade union finance include:

a) Trade union fees paid by trade union members according to the provisions of the Charter of the Vietnam Trade Union;

d) Other income from cultural and sports activities, economic activities of the trade union; from projects assigned by the State; from lawful assistance and sponsorship from domestic and foreign organizations and individuals in accordance with the law.

Article 30. Exemption, Reduction, and Suspension of Trade Union Fund Contributions

1. Enterprises, cooperatives, and cooperative federations implementing dissolution or bankruptcy in accordance with the law shall be considered for exemption from unpaid trade union fund contributions.

2. Enterprises, cooperatives, and cooperative federations encountering economic difficulties or force majeure shall be considered for reduction in the level of trade union fund contributions.

3. In cases where enterprises, cooperatives, and cooperative federations encounter difficulties leading to temporary cessation of production and business operations, resulting in inability to pay trade union fund contributions, they may be considered for suspension of trade union fund contributions for a period not exceeding twelve months.

Upon expiration of the suspension period, enterprises, cooperatives, and cooperative federations shall continue to pay trade union fund contributions and make up for the suspended contributions during the suspension period. The deadline for making up the contributions shall be the last day of the month following the month of the end of the suspension period. The amount to be made up equals the amount that should have been paid during the suspended months.

4. The Government shall coordinate with the Vietnam General Confederation of Labor to stipulate matters related to exemption, reduction, and suspension of trade union fund contributions; and provide detailed regulations on other aspects of this Article.

Article 31. Management and Use of Trade Union Financial Resources

1. Trade union financial resources shall be used to serve trade union activities and ensure the following principles:

a) The management and use of trade union financial resources must ensure the principles of centralization, transparency, clarity, thrift, efficiency, division of responsibilities, and linking authority with responsibility at all levels of trade unions;

b) Trade union organizations at all levels shall implement accounting, statistics, reporting, and final settlement of trade union financial resources in accordance with laws on accounting and statistics;

c) Trade unions shall manage and use trade union financial resources in accordance with the law and regulations of the Vietnam General Confederation of Labor.

2. Trade union financial resources shall be used for the following tasks:

a) Implementing representative and protective activities for the legitimate rights and interests of trade union members and workers; participating in building progressive, harmonious, and stable labor relations;

b) Propagating, disseminating, and educating about the Party's guidelines and policies, state laws; enhancing the qualifications, expertise, vocational skills, and work styles of trade union members and workers;

c) Visiting, providing assistance to trade union members and workers when they are sick, pregnant, facing difficulties, or experiencing misfortunes; organizing other care activities for trade union members and workers;

d) Developing trade union members, establishing grassroots trade unions and industry associations, and building strong trade unions;

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

e) Organizing competitive movements initiated by trade unions or jointly launched;

g) Organizing cultural, sports, sightseeing, and tourism activities for trade union members and workers;

h) Awarding and encouraging workers and their children who have achieved success in study and work;

i) Investing in building social housing for trade union members and workers to rent; cultural, sports facilities, and related technical infrastructure serving trade union members and workers in accordance with the law;

k) Activities ensuring gender equality consistent with the functions and tasks of trade union organizations;

l) Scientific research, technological innovation, and digital transformation of trade union organizations;

m) Administrative expenses to support the activities of trade union organizations at all levels and international cooperation activities of trade unions;

n) Paying salaries, allowances, and other deductions based on salary for full-time trade union officials; activity allowances for non-full-time trade union officials;

o) Supporting non-full-time trade union officials during periods of interrupted employment, unable to return to their previous job due to the employer unlawfully terminating the labor contract, employment agreement, forcing them to leave, or dismissing them;

p) Supporting grassroots trade unions where fees are exempted, reduced, or temporarily suspended under Article 30 of this Law to care for trade union members and workers;

q) Social activities organized by trade unions or jointly launched;

r) Other expenditure tasks as prescribed by law.

3. The preparation and implementation of budget estimates, accounting, final settlements, and public disclosure of state budget funds allocated for support shall be carried out in accordance with the law on state budgets and accounting and statistics.

4. The Vietnam General Confederation of Labor shall implement the allocation and distribution of trade union funds. In places where there are worker organizations within enterprises, the portion of trade union funds allocated to the grassroots level shall be distributed to worker organizations within enterprises based on the number of members participating in mandatory social insurance, the amount contributed, and the total number of workers in the enterprise participating in mandatory social insurance.

5. After reaching consensus with the Government, the Vietnam General Confederation of Labor shall promulgate standards, norms, and expenditure and management systems for trade union financial resources that meet the requirements and tasks of trade unions.

Article 32. Union Assets

1. Assets formed from contributions of union members; from the capital of the Union; union finances; assets transferred by the State in kind; assets constructed, purchased, or acquired from the state budget and other sources in accordance with the provisions of the law are the assets of the Union.

2. The management, utilization, and exploitation of union assets shall be carried out as follows:

b) The management, utilization, and exploitation of union assets not covered by point a of this clause shall be carried out in accordance with relevant laws and regulations of the Vietnam General Confederation of Labor.

3. The Vietnam General Confederation of Labor shall exercise the rights and responsibilities of the owner and the representative body of the owner for enterprises held 100% by the Vietnam General Confederation of Labor's charter capital and the portion of the Vietnam General Confederation of Labor's capital in enterprises established or entrusted to manage by the Union.

Article 33. Inspection, Audit, Financial Supervision of Unions

1. The management and utilization of union finances at all levels of unions must be inspected and audited according to the regulations of the Vietnam General Confederation of Labor in compliance with auditing laws and related laws.

2. 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.

3. Competent authorities shall carry out inspections, audits, and supervision of the management and utilization of union finances in accordance with the law.

4. Every two years, the Vietnam General Confederation of Labor reports to the National Assembly on the situation of income, expenditure, and management and utilization of union finances.

5. Every two years, the State Audit Office conducts an audit of the management and utilization of union finances and reports the results to the National Assembly at the same time as the report stipulated in Clause 4 of this Article; conducts special audits upon request of the National Assembly or the Standing Committee of the National Assembly.

Article 34. Transparency of Union Finances

All levels of unions shall disclose their annual financial statements at the executive board meetings of the unions, and simultaneously must disclose through one of the following methods:

1. Posting at the workplace of the agency, organization, unit, enterprise;

2. Notifying in writing to agencies, organizations, units, enterprises, and individuals concerned;

3. Announcing at the annual meeting of cadres, civil servants, employees, workers;

4. Publishing on the electronic information website of the agency, organization, unit, enterprise.

Chapter V
RESOLUTION OF DISPUTES CONCERNING UNION RIGHTS,

HANDLING VIOLATIONS OF UNION LAWS

Article 35. Resolution of disputes regarding trade union rights

1. The resolution of disputes regarding trade union rights in labor relations shall be carried out in accordance with the provisions of labor laws.

2. The resolution of disputes regarding trade union rights in other relationships shall be carried out in accordance with the relevant laws.

3. Disputes regarding trade union rights related to the failure or refusal to fulfill the employer's responsibilities towards the Trade Union, which are not covered by Clause 1 and Clause 2 of this Article, shall be reported by the grassroots trade union or the higher-level trade union to the competent state agency for resolution in accordance with the law.

Article 36. Handling violations of the law on trade unions

1. Agencies, organizations, units, enterprises, and individuals who violate the provisions of this Law and other relevant laws concerning trade unions shall, depending on the nature and severity of the violation, be subject to disciplinary action, administrative penalties, or criminal prosecution; if damage is caused, compensation must be provided in accordance with the law.

2. The Government shall stipulate the administrative penalties for violations of the law on trade unions.

Chapter VI
IMPLEMENTING PROVISIONS

Article 37. Effective Date

This Law shall take effect from July 1, 2025.

The Trade Union Law No. 12/2012/QH13 ceases to be effective from the date this Law comes into force.

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This Law was passed by the National Assembly of the Socialist Republic of Vietnam, the 15th term, the 8th session, on November 27, 2024.