Chapter II
RIGHTS AND RESPONSIBILITIES OF TRADE UNIONS AND TRADE UNION MEMBERS
Section 1. RIGHTS AND RESPONSIBILITIES OF TRADE UNIONS
Article 11. Representation, protection of legal and legitimate rights and interests of trade union member and employees
1. Vietnam General Confederation of Labor is the only national organization representing employees in labor relations; is a member of national committees, steering committees, and councils related to the legitimate and legal rights and interests of employees and the rights and responsibilities of Trade union organizations.
2. Representing for labor collectives in agreement of, conclusion and supervision of the implementation of collective labor accord in accordance with laws on labor.
Proactively negotiating with employers and representative organizations of employers to support and provide more favorable policies and conditions than those prescribed by labor laws.
3. Acting as legal representative for the labor collective to file labor lawsuits at the Court when the legal and legitimate rights and interests of the labor collective are violated.
Acting as authorized representatives of employees to file labor lawsuits at the Court when the employee's legal and legitimate rights and interests are violated, except in cases where the law on legal proceeding provides otherwise.
4. Representing employees, groups of labor collectives in civil, administrative proceedings related to labor, administrative cases, bankruptcy of enterprises to protect the legal and legitimate rights and interests of employees, groups of labor collectives as prescribed by law.
5. Participating in formulating, issuing and supervising the implementation of pay scale, payroll, labor rates, regulations on salary payment, rewards; internal labor regulations; plans, internal regulations, procedures, measures to ensure labor safety, hygiene; regulations on implementing democracy in agencies, organizations, units, enterprises, and other documents, contents as prescribed by law.
6. Cooperating with employers in organizing meetings of officials, public employees, employees as prescribed by law on implementation of grassroots-level democracy.
7. Conducting dialogue at the workplace with employers on issues related to the legal rights, interests, and obligations of employees as prescribed by law.
8. Organizing activities to care for and improve the living standards, cultural, and spiritual life; encouraging, rewarding union members and employees; supporting union members and employees when they are sick, pregnant, in a difficult situation, or distressed; and organizing other caring activities.
9. Providing support in training, vocational training, and job search; providing guidance and advice to employees on the rights and obligations of employees when concluding and implementing employment contracts and working contracts.
10. Organizing legal assistance activities for trade union members, employees. Forms of legal assistance include:
a) Providing legal advice through guidance, providing opinions, assisting in drafting documents related to disputes, complaints, and difficulties regarding law; providing guidance and assistance to parties in reconciling, negotiating, and agreeing on the settlement direction of the case;
b) Participating in legal proceedings as a protector of legal rights and interests or a defender in accordance with the law on legal proceedings;
c) Representing out-of-court before competent state agencies.
11. Investing in the construction of related social housing, cultural, sports works, and technical infrastructure to serve trade union members, employees as prescribed by law.
12. Ensuring gender equality and promoting gender equality measures in representing, caring for, and protecting the legal and legitimate rights and interests of trade union members, employees.
13. Providing instruction and guidance on operation of the People’s Inspectorate at state agencies, units, state-owned enterprises as prescribed by law on implementation of grassroots-level democracy.
14. Managing, providing guidance on operation of the network of occupational safety and hygiene officers; participating in investigation of occupational accidents as prescribed by law occupational safety and hygiene.
15. Joining competent agencies, organizations, and individuals, in resolving labor disputes as prescribed by law.
16. Requesting competent agencies, organizations, individuals to review and settle the legal and legitimate rights and interest of labor collective or laborers that are breached.
17. Organizing and leading of strikes as prescribed by law.
Article 12. Participation in the state management and eco-social management
1. Together with state agencies, participating in formulating policies, laws on socio-economics, labor, employment, salary, social insurance, and unemployment insurance, health insurance, occupational safety and hygiene, and other policies and laws related to trade unions, rights and obligations of employees.
2. Together with state agencies, participating in protecting the legal and legitimate rights and interests of employees regarding social insurance, unemployment insurance, health insurance, occupational accident and disease insurance.
3. Participating in the formulation and implementation of regulations on implementation of democracy at agencies, organizations, units, and enterprises.
4. Implementing the rights and responsibilities of the Trade Union in occupational safety and hygiene in accordance with the laws on occupational safety and hygiene.
5. Implementing measures to support and protect trade union members, trade union officials, and grassroots trade unions; providing guidance and assistance in collective dialogue, bargaining, conclusion and implementation of collective bargaining agreements for substantive guarantee. Participating in building progressive, harmonious, and stable labor relations.
6. Providing, connecting, and sharing information, data about the trade union organization and operation with state regulatory authorities as prescribed by law.
7. Proposing to competent state agencies for review and settlement of proposals, feedback, complain, denunciations of employees, labor collectives and other issues of concern to union members and employees.
8. Organizing and cooperating in the organization of emulation movements in the nationwide, administrative divisions, agencies, organizations and enterprises as prescribed by law.
Article 13. Submitting bills or ordinance, resolution projects and proposals of law-making
1. The Vietnam General Confederation of Labor has the right to submit to the National Assembly Standing Committee and the National Assembly proposals for the formulation of laws, ordinances, and resolutions; submit draft laws and draft resolutions to the National Assembly and submit draft ordinances and draft resolutions to the National Assembly Standing Committee.
2. Trade Unions at levels has the right to propose to competent State agencies for formulation, amendments to policies, laws related to Trade Unions, rights and obligations of employees.
Article 14. Participation in meetings and conventions
1. The chairman of Vietnam General Confederation of Labor shall be invited to attend meetings of the National Assembly, the National Assembly Standing Committee, the Government and central agencies and organizations when discussing and deciding on issues related to the rights and obligations of trade union members, employees, trade union organizations and socio-economic development.
2. The chairman of the province-level and district-level labor federations shall be invited to attend meetings and conventions of the Standing Committee of the People's Council, the People's Council, the People's Committee at the same level, and relevant agencies and organizations when discussing issues related to the rights and obligations of trade union members, employees, trade union organizations, and socio-economic development in the area.
3. Chairmen of central industrial and local trade unions; trade unions of business groups, corporations; trade unions of industrial parks, export processing zones, economic zones, high-tech zones; and immediate superior trade unions shall be invited to attend meetings and conventions of specialized agencies, relevant agencies, and organizations when discussing issues related to the rights and obligations of trade union members, employees, and trade union organizations.
4. The Chairman of the grassroots trade union shall be invited by the employer to attend meetings and conventions related to the rights, obligations and responsibilities of trade union members, employees and trade union organizations.
Article 15. Participation in inspection of operations of agencies, organizations, and enterprises
1. Trade unions shall participate in and cooperate with competent state agencies in inspecting the implementation of regimes, policies and laws on trade unions, labor, employment, salaries, officials, public employees, social insurance, unemployment insurance, health insurance, occupational safety and hygiene and other regimes, policies and laws related to the rights and obligations of employees.
2. When inspecting contents directly related to the legal and legitimate rights and interests of employees and trade unions, competent state agencies have the responsibility to invite trade representatives of Trade unions.
3. When participating in inspections, representatives of Trade unions have tasks, powers and responsibilities in accordance with relevant laws and the following rights and responsibilities:
a) Requesting agencies, organizations and enterprises to provide information, documents and explanation concerned problems;
b) Proposing prevention, remedial measures and handling violations against the law;
c) Requesting responsible agencies, organizations, units, enterprises, and individuals to immediately take remedial measures to ensure occupational safety and hygiene, including suspending operations in case of detecting workplaces with harmful or dangerous factors to the health and lives of employees.
Article 16. Trade unions’ supervision
1. Trade unions’ supervision includes participation in supervision with competent state agencies and activities of presiding over supervision.
2. The Trade Union's participation in supervision with competent state agencies shall comply with the Law on the Vietnam Fatherland Front and other relevant regulations.
3. The supervision of the Trade Union has a social nature, including monitoring, detecting, reviewing, assessing, and proposing in the development and implementation of policies and laws regarding trade unions, labor, employment, salaries, social insurance, unemployment insurance, health insurance, occupational safety and hygiene, collective bargaining agreements, implementation of grassroots democracy, and other relevant regimes, policies, and laws directly related to the legal and legitimate rights and interests of employees Trade Union organizations.
4. The supervision of the Trade Unions with respect to employers, agencies, organizations related to content subject to supervision shall be carried out in accordance with this Law, other relevant laws, and ensure the following principles:
a) Objective, public and transparent;
b) Based on the legitimate requirements and wishes of Trade Union members, employees;
c) Not overlapping in content and time with other inspection and supervision; not hindering the normal operations of employers, agencies, and organizations under supervision.
5. Trade unions’ activities of presiding over supervision are carried out in the following forms:
a) Through studying, reviewing documents, reports from employers, agencies, organizations under supervision;
b) Through dialogue with employers, staff meetings as regulated by the law on implementation of grassroots democracy;
c) Through the operation of the People’s Inspectorate in state agencies, units, state-owned enterprises;
d) Through organizing Commission of Supervision.
6. When carrying out supervision, the Trade Unions have the following rights and responsibilities:
a) Developing a supervision program, plan including content, forms, targets, time, and other necessary contents to ensure the implementation of supervision;
b) Notifying in advance the supervisory program, plan and requesting employers, agencies, relevant organizations to report in writing or provide information, relevant documents regarding the supervision content;
c) Requesting employers, agencies, organizations subject to supervision to exchange, clarify necessary issues through supervision;
d) Proposing to employers, agencies, organizations subject to supervision or competent persons for consideration for applying measures to protect the legal and legitimate rights and interests of employees, agencies, organizations, individuals, and the interests of the State;
dd) Proposing for review of the responsibilities of employers, agencies, organizations subject to supervision, and individuals whose violations of the law discovered through supervision;
e) Notify the supervision results to employers, agencies, organizations subject to supervision and related agencies, organizations, individuals;
g) Taking responsibilities for the proposal put forward after supervision; monitoring, urging the implementation of these proposals after supervision; reviewing, responding to feedbacks regarding the results of supervision.
7. Employers, agencies, organization subject to supervision have the following right and responsibilities:
a) Be notified about the contents and plans for supervision;
b) Arrange time, place, working components as required by the commission of supervision;
c) Exchange, clarify on the supervision content within their responsibilities;
d) Request a review of the supervision results and proposals after supervision when necessary;
dd) Comply with the requests and proposals specified in points b, c, d, and dd of Article 6 of this Law;
e) Implement proposals after supervision.
Article 17. Trade unions’ social criticism
1. The Trade Union has the right and responsibility to participate in social opinions and criticism on draft legislative documents, planning, plans, programs, projects, schemes of state agencies directly related to the rights and interests of trade union members, and employees.
Trade Union's social criticisms are studied, received, and explained in accordance with law.
2. The Trade Unions shall propose content and carry out social criticism in accordance with the Law on Vietnam Fatherland Front and other relevant laws.
Article 18. Encouraging and educating employees
1. Propagate policies, guidelines of Communist Party of Vietnam, policies and laws of the State related to Trade Unions, employees; charter of the Vietnam Trade Union and other regulations of the Trade unions.
2. Encourage and educate employees to improve their cultural-political level, expertise, profession, professional skills, work etiquette, awareness of compliance with laws, internal regulations of agencies, organizations, units, and enterprises, implement gender equality, prevent sexual harassment in the workplace and discrimination.
3. Encourage and educate employees to actively participate in patriotic emulation movements, movements of improving labor productivity and work efficiency, practicing thrift, combating waste, fighting against corruption, misconduct, and violations of the law launched by chairmen of trade unions at all levels and heads of agencies, organizations, units, and enterprises.
Article 19. Recruitment of trade union members, grassroots trade unions and occupational organizations
1. Trade unions have the right and responsibility to recruit trade union members, establish grassroots trade unions and occupational organizations.
2. Provincial, central industrial, and equivalent trade unions, immediate superior trade unions have the right and responsibilities to send trade union officials to agencies, organizations, units, enterprises, cooperatives, and cooperative unions to encourage, and guide employees to join and establish grassroots trade unions.
3. Immediate superior trade unions shall encourage meet, and guide workers without labor relations to join and establish grassroots occupational organizations.
4. Grassroots trade unions and occupational organizations shall encourage, and meet with employees to join the Trade Unions.
5. In cases where employees establish grassroots trade unions and occupational organizations themselves, the Trade Union shall provide guidance and support for employees to form mobilization committees to establish grassroots trade unions and occupational organizations in accordance with the Charter of the Vietnam Trade Union.
6. Local government, specialized agencies under the People's Committees at all levels, and other relevant agencies and organizations shall create favorable conditions for all levels of trade unions to exercise their rights and responsibilities in encouraging employees to join, and establishing grassroots trade unions and occupational organizations.
Article 20. Rights and responsibilities of Trade Unions with respect to employees in places where grassroots Trade Unions have not yet been established
1. In places where grassroots trade unions have not yet been established, Trade unions have the right and responsibility to represent and protect the legal and legitimate rights and interests of employees when requested by employees there or when suspecting that the employer is infringing upon the legal and legitimate rights and interests of employees, except in the cases specified in Clause 2 of this Article.
2. Organization of dialogue at the workplace and collective bargaining shall comply with labor laws.
Section 2. RIGHTS AND RESPONSIBILITIES OF TRADE UNION MEMBERS
Article 21. Trade union-related rights members
1. Request Trade Unions to represent and protect their legal and legitimate rights and interests upon being infringed.
2. Be informed, discuss, propose, and vote on the work of Trade Unions.
3. Be informed Communist Party of Vietnam's lines and guidelines, policies and laws of the State related to Trade Unions, employees, and the regulations of Trade Unions.
4. Self-nominate, nominate, and elect the agency of Trade Union leaders under regulations of this Law and the Charter of Vietnam Trade Union.
5. Question leaders of trade unions at all levels; propose handling of Trade Union’s officials committing violations against the Charter of the Vietnam Trade Union.
6. Receive free legal assistance from the Trade Unions on matter related to trade unions, labor, employment, social insurance, unemployment insurance, health insurance, occupational safety and hygiene, officials, and public employees.
7. Receive consultation, guidance, and support in finding a job, vocational training, improving professional skills, and vocational skills; receive assistance when being ill, pregnant, facing difficulties, or accidents and benefit from other welfare activities carried out by the Trade Unions.
8. Participate in cultural, sports activities, tours organized or co-organized by Trade Unions.
9. Propose to Trade Unions to propose to agencies, organizations, units, enterprises, cooperatives, and cooperative unions on matters regarding the implementation of regimes, policies, and laws concerning employees.
10. Benefit from social housing policies of the Vietnam General Confederation of Labor.
11. Be commended and rewarded for achievements in labor, production, and trade union operation.
12. Other rights as stipulated by relevant laws and the Charter of the Vietnam Trade Union
Article 22. Responsibilities of trade union members
1. Comply with and implement the Charter of the Vietnam Trade Union, resolutions, and regulations of Trade Unions; participate in trade union activities and contribute to building a strong Trade Union.
2. Engage in continuous learning to enhance political awareness, cultural knowledge, professional expertise, vocational skills, work etiquette; cultivate the qualities of a working-class citizen; live and work in accordance with the Constitution and laws.
3. Cooperate, assist colleagues in work and life; improve labor productivity, quality, and efficiency; protect legal and legitimate rights and interests of employees and Trade Union organizations; participate in building progressive, harmonious, and stable labor relations.
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Luật Công đoàn 2024 (Bản Word)
