Chương 2 Luật công đoàn 1990: Quyền và trách nhiệm của công đoàn

Chapter II

TRADE UNIONS’ RIGHTS AND RESPONSIBILITIES

Article 4

1 - The trade unions represent the workers and organize them to participate, together with the State, in the elaboration and implementation of socio-economic development programs, policies, economic management mechanism and other lines and policies related to the workers’ rights, obligations and interests.

The President of the Vietnam General Confederation of Labour is entitled to participate in meetings held by the Council of Ministers; Presidents of trade unions at different levels are entitled to take part in conferences held by the State organs, the units and organizations concerned when deliberating on the questions in connection with the rights, obligations and interests of workers.

2 - The trade unions are held responsible for carrying out propaganda for the Constitution and laws, for educating the working people to consciously abide by and protecting the laws in force, actively build socialism and defend the Fatherland, care for public property, work with discipline, productivity, quality and effectiveness.

3 - The primary trade unions must join the offices, units and organizations concerned in ensuring the rights to mastership of workers’ collectives in keeping with the stipulations of the law.

4 - The trade unions must join forces with the offices, organizations, state-owned economic units, non-productive administrative organs and cooperatives in organising socialist emulation movements, and in bringing into full play the workers’ capabilities for the implementation o socio-economic objectives.

Article 5

1 - Within the scope of problems directly related to the workers’ rights, obligations and interests, the Vietnam General Confederation of Labour has the right to submit draft bills and laws to the National Assembly and the State Council.

2- Trade unions are bound to join State organs in drafting laws, elaborating policies, working out appropriate regimes for labour, wage, labour protection and other social policies directly related to the workers’ rights, obligations and interests.

3 - Trade unions are held responsible for supervising, speeding up and controlling the implementation of policies and regimes on law.

Article 6

1 - Trade unions must cooperate with State organs in making researches into sciences and technique for labour protection and in applying the achievements obtained to practical work, in elaborating norms and rules for labour security and industrial hygiene.

2 - Trade unions are responsible for educating and mobilizing the workers to strictly implement the stipulations on labour and environmental protection.

3 - Trade unions must control the execution of the law on labour protection - when discovering on the workplaces any dangerous signs which may be detrimental to the life of workers, the trade union has the right to request the responsible man to put into action appropriate measures for ensuring labour security, including the case of temporarily suspending the operation if need be.

4 - Any investigation into a labour accident should secure the participation of the trade union representative. The trade union has the right to demand the State organ or the tribunal to prosecute the person responsible for the labour accident in keeping with the stipulations of the law.

Article 7

The trade unions should join forces with the offices, units and organizations concerned in solving the problem of unemployment, organizing vocational training courses and raising the professional, cultural, scientific and technological levels of workers.

Article 8

1 - Trade unions participate in elaborating social policies and, together with state organs, manage social insurance according to the stipulations of the law.

2 - Trade unions are responsible, together with offices, units and organizations concerned for taking care of the cultural life, sports and physical culture of workers and for organizing recreational and tourist activities for the latter.

3 - The primary trade unions must cooperate with the offices, units and organizations concerned in managing and using the collective welfare fund in the interest of the workers.

Article 9

1 - Within the scope of their functions, the trade unions supervise and control the implementation of the laws on labour contract, recruitment, dismissal, wage, bonus, labour protection, social insurance and of policies related to the workers’ rights, obligations and interests.

2 - When making control, the trade unions may request the heads of offices, units, organizations to answer to their questions, recommend the latter to take measures for correcting the shortcomings and defects, preventing the breaking of the rule and law and inflicting due punishment to law-breakers.

3 - The heads of offices, units, organizations must duly give answers to the trade unions in order to make the latter know about how they solve their questions and this within a time-limit defined by law. They are also bound to give the reasons why they cannot yet solve the questions.

Article 10

The trade unions, in their capacity as representatives of workers, are entitled to ask the heads of offices, units, organizations to organize receptions of workers In which they should answer the questions posed by them.

When necessary, the trade unions may organize dialogues between the workers’ collective and the head of office, unit, organization concerned for the purpose of solving the problems related to the workers’ rights, obligations and Interests.

Article 11

1 - The primary trade unions representing the working people, sign labour agreements with the managing directors of enterprises belonging to whatever economic components and supervise the signing and implementation of labour contracts.

2 - Trade unions act together with State organs in order to bring about proper solutions to the complaints and denunciations made by the workers in keeping with the law.

3 - The trade unions represent the workers in the negotiations with the heads of offices, units, organizations in order to find solutions to labour disputes and litigations occurring in their respective offices, units, organizations.

When the competent organ or the court considers and passes a verdict on the labour dispute or litigation, there must be the presence of the trade union representative who would give his or her opinions and suggestions on the case.

4 - Any worker, though being not yet trade union member, is entitled to ask the trade union committee to represent him or her and take the defence of his or her legitimate interests before the Court, the head of the office, unit or organization concerned.

Article 12

1 - The state organs and heads of offices, units, organizations should discuss with the trade unions at the corresponding level before taking decisions on problems directly related to the workers’ rights, obligations and interests.

2 - Before deciding upon the problems on wage, bonus, housing distribution, disciplinary measure against any worker to the extent of his or her dismissal or on the cancellation of the labour contract ahead of the scheduled time, the managing director of the state-owned enterprise, the head of office, unit, organization must discuss with the trade union committee at the corresponding level in order to reach unanimity of views with the latter.

In case no unanimity of view can be reached between the two parties on problems stipulated in this law, both parties must report it to the competent organ for settlement. Within a 30-day time limit since the reception of the report, the competent organ is bound to give the answer.

The Council of Ministers and the Vietnam General Confederation of Labour shall define concretely by regulations the order, and procedure for the settlement of the cases not reaching unanimity between the trade unions and the heads of offices, units, organizations.

The problems concerning labour disputes are to be settled by legal procedure and in keeping with the law on labour disputes and litigations.

3 - The problems Iying within the sphere of deliberation by way of consensus between the Vietnam General Confederation of Labour and the Council of Ministers must be settled according to the statute of coordinated action between two parties.

Article 13

Basing themselves on the provisions in this law, the Council of Ministers, in cooperation with the Vietnam General Confederation of Labour, defines concretely the rights and responsibilities of the primary trade unions in conformity with the characteristic features of every category of offices, units, organizations and with those of the enterprises and cooperatives belonging to different economic components.