Chapter I
GENERAL PROVISIONS
Article 1. Vietnam Trade Union
Vietnam Trade Union is a great socio-political organization of the working class and employees. Vietnam Trade Union is founded on the voluntary basis and is a part of the political system of the Vietnamese society, placed under the leadership of the Communist Party of Vietnam. Vietnam Trade Unions are representatives of workers, officials, public employees, and employees (hereinafter referred to as “employees”), together with state agencies, business organizations, social organizations shall care and protect for employees’ legitimate and legal rights and interests. Vietnam Trade Union shall join in state management, eco-social management; supervision and social criticism; examination, inspection, supervision of operations of state agencies, organizations, units, enterprises on issues related to the rights and obligations of employees; and encouraging employees to study, improve knowledge, professional skill, observe law, build and defend the socialist fatherland of Vietnam.
Article 2. Scope
This law provides functions, tasks, powers, and responsibilities of Vietnam Trade Union; employees’ rights to establish, join the trade union and participate in operation of the trade unions; right to join Vietnam Trade Union of internal employee organizations in enterprises; rights and responsibilities of trade union member; responsibilities of the State, agencies, units, enterprises, and employers with respect to Trade Unions; assurance of activities of Trade Unions; settlement of disputes and handling of violations against laws on trade union.
Article 3. Regulated entities
This Law applies to trade unions at all levels, state agencies, political organizations, socio-political organizations, profession-socio-political organizations, profession-social organizations, units, enterprises, and other employers in accordance with laws on labor; foreign agencies, organizations, and international organizations operating within the territory of Vietnam (hereinafter referred to as “agencies, organizations, enterprises”); internal employee organizations in enterprises; trade union members; employees; and other organizations and individuals related to the organization and operation of trade unions.
Article 4. Term interpretation
For the purpose of this Law, the terms below shall be construed as follows:
1. Trade union-related rights mean rights to establish, join the trade unions and participate in operation of the trade unions of employees and trade union members, trade union-related rights organizations in accordance with law and regulations of competent authorities.
2. Grassroots trade unions mean grassroots organization of the Vietnam Trade Union, including trade union members in one or multiple agencies, organizations, or enterprises. They are recognized by the trade unions immediately superior to grassroots trade unions or provincial, central industrial and equivalent trade unions in accordance with the law and charter of the Vietnam Trade Union.
3. Grassroots occupational organizations mean grassroots organizations of the Vietnam Trade Union, including workers without labor relations in the same industry or profession or vulnerable groups of employees. They are recognized by the trade unions immediately superior to grassroots trade unions in accordance with the law and charter of the Vietnam Trade Union.
4. Trade unions immediately superior to grassroots trade unions (hereinafter referred to as “immediate superior trade union(s)”) mean a level of the system of organizations of Vietnam Trade Union, directly carry out rights to recognize and direct the operations of grassroots trade unions, occupational organizations in accordance with law and charter of the Vietnam Trade Union.
5. Trade unions officials mean Vietnamese citizens who are elected, recruited, appointed, and assigned to perform tasks of Trade union organizations. Trade union officials include:
a) Full-time trade unions officials mean persons who are elected, recruited, appointed, assigned for regular tasks of Trade union organizations;
b) Part-time trade union officials mean persons who are elected by trade unions at all levels or assigned by competent authority of Trade unions to positions of sub-chief of a group or higher to be in charge of tasks of Trade union organizations.
6. Trade union members mean employees who are admitted to or recognized as members of the Vietnam Trade Union in accordance with charter of the Vietnam Trade Union.
7. Employers mean agencies, organizations, units, enterprises, cooperatives, cooperative unions, and households, individuals that employ and pay other people for their work in accordance with law.
8. Dispute over trade union-related rights means dispute over the performance of Trade union-related rights between employees, trade union members, Trade union organizations and employers; or disputes over matter related to organization, operations of trade unions between Trade union organizations and internal employee organizations in enterprises.
9. 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; conditions, order and procedures for establishing, joining, dissolving and terminating operation of trade unions; rights and responsibilities of trade union organizations at all levels; rights and responsibilities of trade union members; finance and assets of trade unions; other contents related to trade union organization and operation. The charter of the Vietnam Trade Union must be in accordance with the Constitution, law, and regulations of competent authorities.
Article 5. Rights to establish join the trade unions and participate in operation of the trade unions
1. Vietnamese employees have the right to establish, join the trade unions and participate in the operation of the trade unions.
2. Foreign employees working in Vietnam under an employment contract with a term of 12 months or more are allowed to join and participate in operation at the grassroots trade unions.
3. The establishment, accession to the trade unions and participation in operation of the trade unions shall comply with the charter of the Vietnam Trade Union, this Law and relevant laws.
Article 6. Accession of internal employee organizations in enterprises to the Vietnam Trade Union
Internal employee organizations in enterprises that are established and operate legally on a voluntary basis, in accordance with the charter of the Vietnam Trade Union, has the right to join the Vietnam General Confederation of Labor. The regulations on joining the Vietnam Trade Union are as follows:
1. The application for joining Vietnam Trade Union includes:
a) Application for joining Vietnam Trade Union;
b) Copies of documents showing the legality of the internal employee organization in an enterprise;
c) Document showing the decision of the employee organization at the enterprise on joining the Vietnam Trade Union; the procedure for approving the decision to join the Vietnam Trade Union shall comply with laws on labor;
d) List with signatures of members voluntarily joining the Vietnam Trade Union;
d) Documents and agreements in accordance with relevant laws on resolving the rights and obligations of the internal employee organization in an enterprise and related members;
2. Procedures for joining Vietnam Trade Union:
a) The internal employee organization in an enterprise shall send the application specified in clause 1 of this Article to competent provincial, central industrial, and equivalent trade unions;
b) Upon receiving a complete application as prescribed in Clause 1 of this Article, provincial, central industrial, and equivalent trade unions shall consider and recognize the accession of internal employee organizations in enterprises to the Vietnam Trade Union; in case of refusal, a written response must be given stating the reasons;
3. When the accession to the Vietnam Trade Union is recognized:
a) Internal employee organizations in enterprises shall stop operating as internal employee organizations in enterprises. Provincial, central industrial and equivalent trade unions shall notify state regulatory authorities with competence to grant registration about reorganization results to revoke the granted registration;
b) Employees who are members of internal employee organizations in enterprises, voluntarily and are eligible to join the Vietnam Trade Union in accordance with the charter of the Vietnam Trade Union shall be recognized as trade union members;
4. Vietnam General Confederation of Labor shall provide guidance on accession of internal employee organizations in enterprises to the Vietnam Trade Union specified in this Article.
Article 7. Rules for organization and operation of Vietnam Trade Union
1. Trade unions are established on a voluntary basis; organized and operate under the principle of democratic centralism; cooperate with employers, while ensuring the independence of the trade union organization.
2. Trade unions shall be organized and operate under the Charter of Vietnamese Trade Union in accordance with lines, guidelines of Communist Party of Vietnam, and policies and laws of the State.
Article 8. Organizational system of Vietnam Trade Union
1. Vietnam Trade Union is a unified organization consisting of the following 4 levels:
a) Central level: Vietnam General Confederation of Labor;
b) Provincial, central industrial, and equivalent trade unions: labor federations of provinces and centrally affiliated cities (hereinafter referred to as provincial labor federations); central industrial trade unions; trade unions of business groups, and trade unions of corporations affiliated to the Vietnam General Confederation of Labor;
c) Trade unions immediately superior to grassroots trade unions: labor federations of districts, district-level towns, cities affiliated to provinces, cities under centrally affiliated cities (hereinafter referred to as district-level labor federations); local industrial trade unions; trade unions of business groups, and trade unions of corporations not falling under the cases specified in Point b of this Clause; trade unions of industrial parks, export processing zones, economic zones, high-tech zones; trade unions immediately superior to grassroots trade unions as prescribed in the Charter of the Vietnam Trade Union;
d) Grassroots trade unions: grassroots trade unions, occupational organizations.
2. The Vietnam General Confederation of Labor shall decide to establish and determine the level for trade unions in special administrative-economic units based on the National Assembly's decision on the establishment of special administrative-economic units.
3. The model of trade union organization shall be developed in an open and flexible direction, in line with the legitimate needs and aspirations of trade union members and employees, practical requirements, and laws. The Vietnam General Confederation of Labor shall provide guidance on implementation of this clause.
4. Conditions, procedures and documentation for establishment, dissolution and termination of operation of Trade Union organizations shall comply with the Charter of Vietnam Trade Union.
Article 9. International cooperation in Trade Union
1. International cooperation in Trade Union shall follow lines, guidelines of Communist Party of Vietnam, foreign policies, the Constitution, laws, regulations on people's foreign affairs and international treaties to which the Socialist Republic of Vietnam is a member.
2. International cooperation in Trade Union shall perform on the basis of respecting independence, sovereignty and territorial integrity, ensuring the principles of equality, respect for political institutions and non-interference in each other's internal affairs; increase the position and prestige of Vietnam and the Vietnamese Trade Union in the international arena.
3. Contents of international cooperation in Trade Union include:
a) Information and propaganda on lines, guidelines, foreign policies and achievements in socio-economic development of Vietnam;
b) Training and refresher training to improve the capacity of trade union officials;
c) Sharing experiences in trade union activities and international workers' movements; carrying out international solidarity and support activities;
d) Establishing cooperative relationships; negotiating, concluding, and implementing bilateral and multilateral cooperation commitments and agreements; representing national workers in international forums; participating in the operation of, joining, or withdrawing from international trade union organizations;
d) Mobilizing, coordinating, approving, receiving, and managing the use of aid, sponsors, and technical support from international partners for the Trade Union in accordance with the law;
e) Receiving and awarding forms of commendation;
g) Performing other people's foreign affairs activities in accordance with the functions and tasks of the Vietnam General Confederation of Labor.
4. The Vietnam General Confederation of Labor shall provide guidance on and manage international cooperation activities in accordance with this Law and relevant laws.
Article 10. Prohibited acts
1. Obstructing or causing difficulties in exercising trade union rights.
2. Discriminating against workers, trade union officials for reasons of establishing, joining trade unions, or participating in trade union activities, including the following acts:
a) Requesting others to join, not join or leave the Vietnam Trade Union in order to be recruited, conclude or renew employment contract or working contract;
b) Dismissing, disciplining, and unilaterally terminating employments contracts, working contracts; refusing to renew employment contracts, working contracts; assigning employees tasks that are not specified in the contracts;
c) Discriminating in terms of salaries, bonuses, benefits, working hours, and other rights and obligations in labor;
d) Discrimination regarding gender, ethnicity, religion, belief and other discrimination in labor;
dd) Providing false information to discredit the reputation and honor of trade union officials;
e) Promising or providing material or non-material benefits so that employees or trade union officials will not participate in trade union activities, stop working as union officials, or act against the Trade Union;
g) Exerting control in, hindering, and causing difficulties to weaken trade union operation;
h) Other acts as prescribed by law.
3. Using economic measures, threatening or other measures to create disadvantages to trade union organizations, intervening, manipulating the process of establishment, operation of the trade union, weakening or disabling the performance of the functions, duties, rights, responsibilities of the Trade unions.
4. Failing to ensure the conditions for trade union operation and trade union officials as prescribed by law.
5. Failure to transfer trade union contributions; delaying transferring trade union contributions; failure to transfer trade union contributions at prescribed rates; transferring trade union contributions that do not match the number of members; managing and using trade union contributions against applicable regulations.
6. Receiving aid, donation, or technical support against the law.
7. Taking advantage of trade union rights to violate the law, infringe on the interests of the state, legitimate rights and interests of agencies, organizations, units, enterprises, individuals.
8. Providing false information, inciting, distorting, defaming trade union organizations and operations.
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Luật Công đoàn 2024 (Bản Word)
