Decree No. 96/2006/ND-CP guiding the implementation of Article 153 of the Labor Code regarding the Temporary Executive Committee of the Trade Union at enterprises

DECREE

Guidelines for Implementing Article 153 of the Labor Code on

Temporary Executive Committee of Trade Union at Enterprises

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THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Trade Union Law dated June 30, 1990;

Pursuant to Article 153 of the Labor Code dated June 23, 1994; Law Amending and Supplementing Certain Provisions of the Labor Code dated April 2, 2002;

After reaching consensus with the Vietnam General Confederation of Labor,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the designation of the Temporary Executive Committee of Trade Union at enterprises, the rights and responsibilities of the Temporary Executive Committee of Trade Union at enterprises, and the responsibilities of state agencies, trade unions, and employers.

Article 2. Applicability

Trade unions and enterprises belonging to various economic sectors where trade union organizations have not yet been established.

Article 3. Designation of the Temporary Executive Committee of Trade Union at Enterprises

1. Within six months from the date of commencement of operations, the local trade union or industry trade union (including the Provincial/Municipal Federation of Trade Unions under the Vietnam General Confederation of Labor; Central Industry Trade Unions, State-Owned Enterprise Trade Unions under the Vietnam General Confederation of Labor; District/Huyện/Thị Xã/Urban District Federation of Trade Unions under the Provincial Federation; Local Industry Trade Unions, Industrial Zones, High-Tech Zones Trade Unions; State-Owned Enterprise Trade Unions and other higher-level trade unions...) hereinafter referred to as the higher-level trade union, shall be responsible for establishing a grassroots trade union organization in accordance with the provisions of the Labor Code, the Trade Union Law, and the Charter of the Vietnam Trade Union to represent and protect the legitimate rights and interests of workers and labor collectives.

2. If within the time frame specified in Clause 1 of this Article, the enterprise has not established a grassroots trade union organization, the higher-level trade union shall designate a Temporary Executive Committee of Trade Union to represent and protect the legitimate rights and interests of workers and labor collectives.

3. The Temporary Executive Committee of Trade Union designated at the enterprise shall have legal personality, a seal, an account opened, and rights and responsibilities as prescribed in Article 5 of this Decree.

4. The duration of operation and extension of the duration of operation of the Temporary Executive Committee of Trade Union shall be implemented according to the regulations of the Vietnam General Confederation of Labor.

Article 4. Conditions, Authority, and Procedures for Designating the Temporary Executive Committee of Trade Union

1. An enterprise that has commenced operations for six months but has not established a trade union organization may be designated to establish a Temporary Executive Committee of Trade Union.

2. The higher-level trade union as prescribed in Clause 1, Article 3 of this Decree shall have the authority to designate the Temporary Executive Committee of Trade Union.

3. The higher-level trade union shall organize propaganda and mobilize workers in the enterprise to join the trade union; issue decisions on admitting members and designating the Temporary Executive Committee of Trade Union among those admitted members.

Chapter II

RIGHTS AND RESPONSIBILITIES OF THE TEMPORARY EXECUTIVE COMMITTEE OF TRADE UNION AT ENTERPRISES

Article 5. Rights and Responsibilities of the Temporary Executive Committee of Trade Union

1. To represent and protect the legitimate rights and interests of workers in the enterprise in accordance with the law.

2. To propagate and disseminate the Trade Union Law, labor laws, related policies and benefits concerning workers, and internal rules and regulations of the enterprise. To propagate about the trade union organization, mobilize workers to join the trade union and admit members, and propose the establishment of a grassroots trade union organization in accordance with the Charter of the Vietnam Trade Union when conditions are met.

3. To participate with employers in formulating measures to develop production and the enterprise; ensure employment, care for material and spiritual benefits of workers.

4. To implement financial collection, expenditure, and management in accordance with the regulations of the state and the Vietnam General Confederation of Labor.

Article 6. Members of the Temporary Trade Union Executive Board

1. Members of the Temporary Trade Union Executive Board shall be employees working at the enterprise. In cases of necessity, the higher-level trade union may appoint and designate full-time trade union officers to serve as Chairperson or Deputy Chairperson of the Temporary Trade Union Executive Board at the enterprise.

2. The Chairperson of the Temporary Trade Union Executive Board or the person authorized by the Chairperson has the right to attend and participate in discussions in meetings of the enterprise concerning matters directly related to the rights, obligations, and interests of employees. They have the right to reserve their opinion in cases where they disagree with the decision of the employer, and to make recommendations to the higher-level trade union and relevant authorities for resolution.

3. In cases where the Chairperson, Deputy Chairperson, or member of the Temporary Trade Union Executive Board is a full-time officer appointed by the higher-level trade union, they shall receive salary and allowances from the trade union fund; enjoy collective benefits and welfare like all other employees in the enterprise according to the enterprise's regulations or collective agreements; and ensure conditions for trade union activities as stipulated in Article 155 of the Labor Code.

Chapter III

RESPONSIBILITIES OF STATE AUTHORITIES, TRADE UNION ORGANIZATIONS, AND EMPLOYERS

Article 7. Responsibilities of state agencies

State authorities at all levels, labor management agencies, and related sectors shall be responsible for creating conditions for the Temporary Trade Union Executive Board to be designated and operate in accordance with the provisions of the law; regularly inspect and urge the implementation of this Decree.

Article 8. Responsibilities of trade union organizations

1. The immediate higher-level trade union shall be responsible for directing and guiding the activities of the Temporary Trade Union Executive Board.

2. Implement inspections and supervision over enterprises in ensuring the trade union rights of employees and the operating conditions of the Temporary Trade Union Executive Board as prescribed by law.

Article 9. Responsibilities of the Employer

1. Cooperate and create favorable conditions for the higher-level trade union to organize propaganda for the development of members and designate the Temporary Trade Union Executive Board at the enterprise.

2. Ensure conditions as prescribed by law for the Temporary Trade Union Executive Board to operate. Coordinate with the Temporary Trade Union Executive Board to resolve issues in labor relations. Invite representatives of the Temporary Trade Union Executive Board to attend meetings related to the legitimate and reasonable rights, obligations, and interests of employees at the enterprise.

3. Strictly prohibit any acts that obstruct trade union activities within the enterprise.

Chapter IV

IMPLEMENTING PROVISIONS

Article 10. Effective Date

This Decree shall take effect fifteen days after its publication in the Official Gazette. The Vietnam General Confederation of Labor shall be responsible for guiding the implementation of this Decree after reaching consensus with the Ministry of Labor, Invalids and Social Affairs and relevant ministries and sectors.

Article 11. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees under the central government, trade unions at all levels, relevant agencies, organizations, and enterprises shall be responsible for implementing this Decree./.