Chapter IV
ASSURANCE OF TRADE UNION OPERATION
Article 26. Assurance of apparatus organization, trade union officials
1. The organizational structure and the number of officials and employees of trade unions at all level shall be ensured to carry out their functions, rights, and responsibilities as prescribed by law.
2. The Vietnam General Confederation of Labor shall establish the organizational structure, job positions, and titles of trade union officials to submit to the competent authority for decision or to decide under its authority.
3. Depending on requirements and tasks of each grassroots trade union and the quantity of employees in agencies, organizations, and enterprises, the agency in charge of managing officials shall designate full-time trade union officials.
Article 27. Assurance of conditions of trade union operation
1. Agencies, organizations, units, and enterprises are responsible for provide working place, working devices and necessary condition for trade union at the same level
2. Part-time trade union officials, such as the chairman and vice chairmen, may use 24 working hours per month; members of the committee, chief of, and sub-chief of the trade union group may use 12 working hours per month to do work related to the trade union and be paid by employers. Depending on the scale, nature, and type of agencies, organizations, and enterprises, the grassroots Trade Union Committee and employers may reach an agreement on the additional time for doing trade union-related works.
3. Part-time trade union officials are entitled to full paid leave while attending congresses, meetings, conferences, seminars, and training sessions convened by the superior trade unions that are not included in hours specified in point 2 of this Article; travel, food, accommodation, and living expenses in such days are covered by the convening trade union.
4. Part-time trade union officials whose salary is paid by the employer are entitled to liability allowance for trade union officials as prescribed by Vietnam General Confederation of Labor.
5. The full-time trade union officials, whose salary is paid by Trade Unions, shall be ensured collective interests and welfares like those of employees working in agencies, organizations, and enterprises by employers.
Article 28. Assurance for trade union officials
1. If the employment contract or working contract of a part-time trade union official expires while he/she is still in his/her tenure, his/her employment contract or working contract shall be extend till the end of his/her tenure.
2. Employers are not allowed to unilaterally terminate, dismiss, and reassign part-time trade union officials if there are no written agreements of the immediate superior trade unions. If not reaching agreement, both parties must report to competent agency, organization. After 30 days from the date of notifying the competent agency or organization, the employer has the right to make a decision and must take responsibility for their decision.
3. If the employer unilaterally terminates dismiss, reassign part-time trade union officials, the Trade Union shall request competent state agencies to interfere or represent to initiate a labor dispute lawsuit in court to protect the legal rights and interests of the trade union official, except in cases where the trade union official declines.
If the part-time trade union officials cannot return to their previous job, the Trade Union shall provide support in finding a new job. During the period of unemployment, financial support can be provided from the trade union contributions as per the regulations of the Vietnam General Confederation of Labor.
Article 29. Finance of Trade Union
1. Financial sources of Trade Union include:
Trade Union fees paid by trade union members as prescribed in the Charter of the Vietnam Trade Union;
b) Trade union contributions from agencies, organizations, units, enterprises, cooperatives, and cooperative unions, which are 2% of the payroll fund used as the basis for compulsory social insurance premiums for employees;
c) Support from the state budget;
d) Other sources from cultural, sports activities, economic activities of Trade Unions; from projects assigned by the state; from legal aid, donation from domestic and foreign organizations and individuals in accordance with law.
2. The government shall provide the methods, deadlines for payment of trade union contributions, and sources thereof; case of failing to pay or late-payment of trade union contributions; and the content of state budget support as stipulated in point c of clause 1 of this Article.
Article 30. Exemption, reduction, suspension of payment of trade union contributions
1. Enterprises, cooperatives, and cooperative unions that undergo dissolution or bankruptcy in accordance with law may be considered for exemption from trade union contributions that have not been transferred.
2. Enterprises, cooperatives, and cooperative unions facing economic difficulties or force majeure circumstances may be considered for a reduction in trade union contributions.
3. Enterprises, cooperatives, or cooperative unions facing difficulties and resulting in suspension of production or business that hinders their ability to transfer trade union contributions may be considered for a suspension of payment of trade union contributions for up to 12 months.
After the suspension period, the entities must resume transferring trade union contributions and make up for the amounts that were not transferred during the suspension period. The deadline for making up missed payments is no later than the last day of the month following the end of the suspension period, with the amount equal to the payments due for the months of suspension.
4. The government, in agreement with the Vietnam General Confederation of Labor, shall provide regulations on exemption, reduction, and suspension of payment of trade union contributions; detail other regulations of this Article.
Article 31. Management and use of trade union finance
1. The finance of trade unions is used to serve trade union operation and ensure the following principles:
a) The management and use of trade union finance must adhere to principles of centralization, transparency, accountability, efficiency, decentralization and delegation of authority, and linking authority and responsibility of trade unions at all levels;
b) Trade union organizations at all levels shall carry out accounting, statistics, reporting, and financial settlement tasks according to laws on accounting and statistics;
c) Trade unions shall manage and use their finances in accordance with the law and the regulations of the Vietnam General Confederation of Labor.
2. The finance of trade unions is used for the following tasks:
a) Representing and protecting the legal and legitimate rights and interests of trade union members and employees; participating in building progressive, harmonious and stable labor relations;
b) Disseminating, popularizing, and educating on the lines and guidelines of Communist Party of Vietnam, policies, and laws of the State; improving the knowledge, expertise, skills, and work ethics of union members and employees;
c) Visiting, providing allowances to trade union members and employees in times of illness, maternity, difficulties, or accidents; organizing other welfare activities for trade union members and employees;
d) Recruiting trade union members, establishing grassroots unions, professional unions, and building a strong Trade Union;
d) Providing training and refresher training for trade union officials; outstanding employees to become potential officials for Communist Party of Vietnam, State, and Trade Union organizations.
e) Organizing emulation movements chaired or jointly launched by the Trade Unions;
g) Organizing cultural, sports, recreational, and tourism activities for union members and employees.
h) Rewarding and motivating employees and their children with academic and work achievements;
i) Investing in social housing for lease for trade union members and employees; relevant cultural, sports facilities, and technical infrastructure for trade union members and employees in accordance with law;
k) Gender equality activities aligned with the functions and tasks of the Trade Union organizations.
l) Scientific and technological research, innovation and digital transformation of the Trade Union organizations.
m) Administrative management expenditures for operations of Trade Union organizations at all levels and international cooperation activities of Trade Unions;
m) Payments of salary, allowances, and deductions for full-time trade union officials; activity allowances for part-time trade union officials;
o) Providing assistance to part-time trade union officials during unemployment or when they cannot return to their previous jobs due to unlawful termination of their employment contracts, working contracts or dismissal.
o) Providing assistance to grassroots trade unions eligible for exemption, reduction, or suspensions of payment of trade union contribution as specified in Article 30 of this Law to care for trade union members and employees
q) Social activities organized or co-organized by Trade Unions.
h) Other expenditures as prescribed by law.
3. The preparation and implementation of estimates, accounting, settlement, and disclosure of state budget support funds shall comply with the law on state budget, accounting, and statistics.
4. The Vietnam General Confederation of Labor shall organize the hierarchy of collection and distribution of trade union contributions. In places where there are internal employee organizations in enterprises, the amount of trade union contributions allocated to grassroots levels is distributed based on the number of members participating in compulsory social insurance, the contribution amount, and the total number of employees participating in compulsory social insurance.
5. After consultation with the government, the Vietnam General Confederation of Labor shall issue standards, norms, and policies for spending, management, and use of trade union finances aligned with requirements of tasks of the Trade Unions.
6. The Government shall detail the management and use of trade union contributions of internal employee organizations in enterprises.
Article 32. Property of Trade Union
1. Property of Trade Union is obtained from contributions of trade union members, capital sources of Trade unions; financing of trade unions; assets built or purchased using state budgets and other sources in accordance with the law.
2. The management, use of property of trade unions shall be carries out as follows:
a) The management and use of trade union property at the Vietnam General Confederation of Labor, provincial labor federations, central industrial and equivalent trade unions; district-level labor federations; local industrial trade unions; trade unions of economic groups; trade unions of corporations; trade unions of industrial parks, export processing zones, and high-tech zones; public service providers of Trade unions; wholly state-owned enterprises; and partially state-owned enterprises in accordance with laws on management and use of public property and other relevant laws;
b) The management and use of trade union property not specified in point a of this clause are carried out according to relevant laws and the Vietnam General Confederation of Labor.
3. The Vietnam General Confederation of Labor shall exercise the rights and responsibilities of the owner, the owner's representative body for enterprises where the Vietnam General Confederation of Labor holds 100% charter capital, and the portion of capital of the Vietnam General Confederation of Labor in enterprises is established by the Trade Union or entrusted for management.
Article 33. Inspection, audit and supervision of trade union finance
1. The management and use of trade union finances at all levels must be inspected and audited in accordance with the regulations of the Vietnam General Confederation of Labor and aligned with laws in auditing and relevant laws.
2. The superior trade unions shall provide guidance, inspect, and supervise the implementation of financial tasks of the subordinate trade unions in accordance with the law and the regulations of the Vietnam General Confederation of Labor.
3. Competent authorities shall conduct inspections, audits, and supervision of the management and use of trade union finances in accordance with law.
4. Every two years, the Vietnam General Confederation of Labor shall report to the National Assembly on their revenue, expenditure, and management of trade union finances.
5. Every two years, the State Audit Office shall audit the management and use of trade union finances and report the results to the National Assembly at the same time as the report specified in clause 4 of this Article; conduct ad hoc audits as requested by the National Assembly or its Standing Committee.
Article 34. Public disclosure of trade union finance
Trade unions at all levels must annually disclose their finances at trade union executive committee meetings in one of the following methods:
1. Posting at the workplace of the agency, organization, unit, enterprise;
2. Written notification to relevant agencies, organizations, units, enterprises, individuals;
3. Announcement at annual staff meetings;
4. Posting on the websites of the agency, organization, unit, enterprise.
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