Chapter I
GENERAL PROVISIONS
Article 1. Trade Union
Trade Union means a great socio-political organization of the working-class and laborers. Trade Unions are founded on the voluntary basis and are a component part of the political system of the Vietnamese society, placed under the leadership of the Communist Party of Vietnam. Trade Unions are representatives of cadres and civil servants, public employees, workers and other laborers (hereinafter referred to as laborers), together with state agencies, economical organizations, social organizations shall care and protect for laborers’ legitimate and legal rights and interests. Trade Unions join in state management, eco-social management, inspection; examination, supervision of activities of state agencies, organizations, units, enterprises; and mobilization, propagation for laborers to study, improve knowledge, professional skill, observe law, build and defend the socialist fatherland of Vietnam.
Article 2. The scope of adjustment
This law stipulates on rights of laborers of establishing, participating in and operating of Trade Unions; function, powers, duties of Trade Unions; rights and obligations of trade union members; duties of the State, state agencies, organizations, units, enterprises employing laborers with respect to Trade Unions; assurance of activities of Trade Unions; settlement of disputes and handling of violations of law on Trade Union.
Article 3. Subjects of application
This Law applies to the Trade Unions al levels, state agencies, political organizations, socio-political organizations, profession-socio-political organization, profession-social organizations, units, enterprises, other organizations employing laborers as prescribed by law on labor, foreign agencies, organizations, international organizations operating in the Vietnamese temporary related to organization and activity of Trade Unions (hereinafter referred to as agencies, organizations, enterprises), Trade Union members and laborers.
Article 4. Interpretation of terms
In this law, the following terms shall be construed as:
1. The rights of Trade Unions mean rights of establishing, participating in and operating Trade Union and Trade Union members; and rights of Trade Union organizations as prescribed by law and provisions of competent authorities.
2. The primary trade unions mean primary organization of Trade Unions, which gathering members of Trade Unions in one or a number of agencies, organizations, enterprises and be recognized by Trade Unions at their directly higher level as prescribed by law and charter of Vietnamese Trade Union.
3. Trade Union at the directly higher level of primary one means a level in the system of Trade Union organization, directly implement right of reorganization for a primary Trade Union, right of directing activities of primary Trade Unions and connect primary Trade Unions as prescribed by law and charter of Vietnamese Trade Union.
4. Fulltime trade union cadres mean persons employed, appointed to be in charge of regular jobs in Trade Union organization.
5. Part-time trade union cadres mean persons work on a part-time and be voted by Trade Union congress, conference of Trade Union at levels or persons being appointed as a sub-chief of group or higher.
6. Units employing laborers include agencies, organizations, and enterprises employing, using laborers and paying salary as prescribed by law.
7. Disputes of Trade Union right mean disputes araising between laborers, Trade Union’s members, and Trade Union organization with unit employing laborers in relating to implementation of Trade Union rights.
8. The charter of Vietnamese Trade Union means document passed by Vietnamese Trade Union Congress, regulating on guideline, purpose, principle of organization and operation, organizational structure of Trade Union machine; powers and duties of Trade Unions at levels; rights and obligations of Trade Union members.
Article 5. Rights of establishing, participating in and operating Trade Union
1. Laborers are Vietnamese persons working in agencies, organizations, enterprises shall have rights to establish, participate in and operate Trade Union.
2. Order of, procedures for establishment, participation and operation of Trade Union shall comply with provisions in the charter of Vietnamese Trade Union.
Article 6. Principle of Trade Union organization and operation
1. The Trade Unions shall be established in the voluntary basis, organized and operated under the principle of democratic centralism.
2. The Trade Unions shall be organized and operated under the Charter of Vietnamese Trade Union in accordance with lines, guidelines, policies of the Party and law of the State.
Article 7. The organizational system of Trade Union
The organizational system of Trade Union includes Vietnam General Confederation of Labour and Trade Unions at levels as prescribed by The charter of Vietnamese Trade Union.
The primary Trade Unions are constituted in state agencies, political organizations, socio-political organizations, profession-socio-political organization, profession-social organizations, units, enterprises, other organizations employing laborers as prescribed by law on labor, foreign agencies or organizations, international organizations operating in the Vietnamese temporary.
Article 8. International cooperation on Trade Union
International cooperation on Trade Union shall perform on the basis of ensuring the principle of equality, respect for national sovereignty and independent, and conformity with the laws of Vietnam as well as international practices.
The accession of the trade union at levels to the international trade union must comply with laws and The charter of Vietnamese Trade Union.
Article 9. The strictly prohibited acts
1. Hindrance, causing difficulties in implementation of Trade Unions’ rights
2. Discrimination or acts causing disadvantages to laborers because reasons related to establishment, participation and operation of Trade Union.
3. Applying economical measurers or other measures causing disadvantages to Trade Union organization and operation.
4. Taking advantage of Trade Union rights for breaching laws, interests of satet, legal rights and interests of agencies, organizations, enterprises, and individuals.
Tìm kiếm
Luật Công đoàn 2012 (Bản Pdf)
Luật Công đoàn 2012 (Bản Word)
