Chương 1 Luật công đoàn 1990: Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1.

1 - The trade unions constitute a great socio-political organization of the Vietnamese working-class and labouring people (generally called workers). They are founded by the workers on the voluntary basis and placed under the leadership of the Communist Party of Vietnam, they also constitute a component part of the political system of the Vietnamese society, a school of socialism for the workers.

2 - The Vietnamese workers operating in business and production establishments belonging to all economic sectors, in enterprises functioning with foreign capital investment in non-productive units, state organs, social organizations (generally called organs, units, organizations) are entitled to step up and participate in the trade union In accordance with the Rules of the Vietnamese Trade Unions.

The workers’ associations founded in keeping with the law have the right to adhere to the confederations of labour.

When founded, each trade union organization must inform the administrative organ and the organization concerned of its coming into being for the purpose establishing with the latter necessary working relations.

Any act of hindrance to and violation of the principle of voluntariness in joining the trade union organization and its activities, of discrimination against the workers for the reason of their participation in the trade unions is strictly forbidden.

3 - Trade unions from the primary level upward enjoy the right of a legal person.

4 - The Vietnam General Confederation of Labour has the right to adhere to any international trade union organizations in keeping with the objectives of its activities.

Article 2

1 - The trade unions represent and defend the workers' legitimate and legal rights and interests; they are bound to join forces with the State in developing production, solving the question of employment and improving the material and spiritual life of the workers.

2 - The trade unions represent the workers and organise them to participate in the management of organs, units, organizations, in the socio-economic and state management, within the scope of their functions, the trade unions implement their right to supervise and control the activities of the organs, units, organizations In keeping with the law.

3 - The trade unions are responsible for organizing, educating and encouraging the workers to bring into full play their role of mastery of the country, carry out their civil obligations, build and defend the socialist fatherland of Vietnam.

Article 3

1 - In all their activities, the trade unions must abide by the Constitution and the laws in force.

The State organs, the heads of units, organizations must respect the right of independence and others provided for in this law.

2 - The State organs, the heads of units, organizations and the trade unions must strengthen their cooperative relation in all their activities in order to build their respective organs, units and organizations, build the country and care for the workers’ interests. When there are divergences in their views and ideas on any problem, they should hold talk, dialogue and consultation in order In find out proper measures for settlement of their difference in keeping with the law. The Stale organs, the heads of units, organizations are bound to create necessary conditions for the trade unions to carry out their activities.

3 - With the agreement of the Vietnam General Confederation of Labour, the Council of Ministers concretely defines by regulations the relations of activity between the State organs, the heads of units, organizations and the trade unions at all levels.