NATIONAL ASSEMBLY
No. 12/2012/QH13
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
 Ha Noi, 20 June 2012

 

LAW ON TRADE UNIONS

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam as amended by Resolution 51-2001- QH10;

The National Assembly hereby promulgates the Law on Trade Unions.

CHAPTER 1

General Provisions

Article 1      Trade union

A trade union is a large and extensive social-political organization of the working class and workers, established on a voluntarily basis, being a component of the political system of Vietnamese society, under the leadership of the Vietnamese Communist Party; which represents appointed or elected officials, State officials, State employees and other workers (hereinafter all referred to as workers), and which jointly with State agencies, economic and social organizations takes care of and protects the legitimate and lawful rights and interests of workers; which participates in State administration, socio-economic administration, and in checks, inspections and supervision of the activities of State agencies, organizations, units and enterprises; and which disseminates information to and encourages workers to study in order to raise their professional and technical skills, to observe the law, and to form and protect the Socialist Fatherland.

Article 2      Governing scope

This Law regulates the right of workers to establish and join trade unions and to participate in their activities; the functions, rights and obligations of trade unions; the rights and responsibilities of trade union members; the responsibilities owed to trade unions by the State, State agencies, organizations, individuals and enterprises employing workers; and regulates the guarantee of trade unions activities; dispute resolution, and dealing with breaches of the law on trade unions.

Article 3      Applicable entities

This Law applies to all level trade unions, to State agencies, political organizations, socio-political economic organizations, occupational-socio-organizations, occupational-social organizations, units, enterprises, and other organizations employing workers in accordance with the law on labour; and to foreign bodies and organizations and international organizations operating in the territory of Vietnam and involved in the organization and activities of trade unions (hereinafter collectively referred to as agencies, organizations and enterprises), to trade union members and to workers.

Article 4      Definitions

In this Law, the following terms shall be construed as follows:

1. Trade union right means the right of workers and trade union members to establish, join and participate in activities of trade unions, and rights of trade union organizations pursuant to law and pursuant to regulations of competent agencies.

2. Grass-roots [or local level]1 trade union means the grass-roots organization of the trade union, which gathers trade union members in one or a number of agencies, organizations, or enterprises and which the directly superior level trade union recognizes in accordance with law and provisions in the Vietnam Trade Union Charter.

3. Directly superior level trade union means [the trade union in] the level in the organizational system of trade unions which directly exercises the right to recognize the grass-roots trade union, which guides the operation of the latter and which unites with the grass-roots trade union in accordance with law and provisions in the Vietnam Trade Union Charter.

4. Full-time trade union officer means a person recruited and appointed to undertake regular work in a trade union organization.

5. Part-time trade union officer means a person holding concurrent positions who is elected by a Trade Union General Meeting or Conference of Trade Unions at respective levels or who is appointed by the Executive Committee of a Trade Union to the position of deputy head of a trade union group or superior position.

6. Unit employing workers [employer] means any agency, organization or enterprise which recruits and employs workers and pays them wages in accordance with law.

7. Dispute about trade union right means any dispute arising between workers, trade union members, or a trade union organization with an employer regarding exercise of the trade union right.

8. Vietnam Trade Union Charter means the document passed by the General Meeting of Vietnam Trade Unions regulating policies, objectives and principles on organization, operation and organizational structure of the staffing apparatus of trade unions; regulating rights and responsibilities of all level trade union organizations; and regulating rights and responsibilities of trade union members.

Article 5      Right to establish and join trade unions and participate in their activities

1. A worker [employee] being a Vietnamese and working in any agency, organization or enterprise has the right to establish and join trade unions and participate in their activities.

2. The sequence and procedures for establishing and joining a trade union and participating in its activities shall be implemented in accordance with provisions in the Vietnam Trade Union Charter.

Article 6      Principles on organization and operation of trade unions

1. Unions shall be established on a voluntary basis, and shall be organized and operate on the principle of democratic centralism.

2. Unions shall be organized and operate in accordance with provisions in the Vietnam Trade Union Charter, consistent with the path and policies of the Party and the law of the State.

Article 7      Organizational system of trade unions

The organizational system of trade unions comprises the Vietnam General Confederation of Labour and all level trade unions in accordance with provisions in the Vietnam Trade Union Charter.

Grass-roots trade unions shall be organized in State agencies, political organizations, socio-political organizations, occupational-socio-political organizations, occupational-social organizations, units, enterprises and other organizations employing workers in accordance with the law on labour, and in foreign bodies and organizations and international organizations operating in the territory of Vietnam.

Article 8      International cooperation on trade unions

International cooperation on trade unions shall be implemented on the basis of ensuring the principles of equality, respect for independence and national sovereignty, and compliance with the law of Vietnam and international practice.

Any level trade union joining an international trade union organization must comply with the provisions of law and provisions in the Vietnam Trade Union Charter.

Article 9      Conduct which is strictly prohibited

1. Hindering or causing difficulty in exercise of the trade union right.

2. Discriminatory treatment or any conduct creating a disadvantage for workers who establish or join a trade union or participate in its activities.

3. Use of economic or other measures causing disadvantage to the organization and activities of a trade union.

4. Abuse of the trade union right in order to breach the law, infringe the interests of the State or the lawful rights and interests of agencies, organizations, enterprises or individuals.

CHAPTER 2

Rights and Obligations of Trade Unions and Trade Union Members

Section 1

Rights and Obligations of Trade Unions

Article 10    Representation and protection of lawful and legitimate rights and interests of workers

1. To guide and advise workers on their rights and obligations when signing and performing labour contracts and employment contracts with employers.

2. To represent the labour collective in negotiating, signing and supervising implementation of collective labour agreements.

3. To participate with employers in formulating and supervising implementation of wage scales, payrolls, labour rates, regimes on payment of wages and bonuses, and internal labour rules.

4. To discuss with employers resolution of issues relevant to the interests and obligations of employees.

5. To arrange legal consultancy for workers.

6. To participate with competent agencies, organizations and individuals in resolving labour disputes.

7. To recommend that the competent State organization or agency hear and resolve any instance of infringement of the lawful and legitimate rights and interests of the labour collective or of a worker.

8. To represent the labour collective in instituting court proceedings when the lawful and legitimate rights and interests of the labour collective are infringed; and to represent a worker in instituting court proceedings when the lawful and legitimate rights and interests of the worker are infringed and the worker authorizes such representation.

9. To represent the labour collective by participating in court proceedings in a labour case, an administrative case or an enterprise bankruptcy case in order to protect the legitimate and lawful rights and interests of the labour collective and of workers.

10.     To hold and lead a strike in accordance with law.

The Government shall provide detailed regulations on this article after reaching agreement with Vietnam General Confederation of Labour.

Article 11    Participation in State management and socio-economic management

1. To participate with State agencies in formulating policies and law on socio-economy, labour, employment, wages, social insurance, health insurance, protection of workers, and other policies and laws relevant to trade union organizations and rights and obligations of workers.

2. To coordinate with State agencies in research and application of science, technology and techniques on protection of workers, and in formulation of criteria and standards on occupational safety and hygiene.

3. To participate with State agencies in managing social insurance and health insurance; and in resolving complaints and denunciations made by workers and labour collectives in accordance with law.

4. To participate in formulation of an harmonious, stable and progressive labour relationship in agencies, organizations and enterprises.

5. To participate in formulation and implementation of democratic regimes in agencies, organizations and enterprises.

6. To  coordinate  in  organization  of  emulation  movements  within  industries,  localities,  agencies, organizations and enterprises.

The Government shall provide detailed regulations on this article after reaching agreement with Vietnam General Confederation of Labour.

Article 12    Submission of law and ordinance projects and recommendations on formulation of policies and laws

1. Vietnam General Confederation of Labour has the right to submit law and ordinance projects to the National Assembly and the Standing Committee of the National Assembly.

2. All level trade unions have the right to make recommendations to competent State agencies to formulate, amend and supplement policies and laws relevant to trade union organizations and rights and obligations of workers.

Article 13    Attendance at sessions, meetings and conferences

The President of Vietnam General Confederation of Labour and chairmen of all level trade unions have the right and responsibility to attend sessions, meetings and conferences of the same level agencies and organizations concerned, when the latter discuss and issue decisions on issues relevant to rights and obligations of workers.

Article 14    Participation in checks, inspections and supervision of activities of agencies, organizations and enterprises

1. To participate and coordinate with competent State agencies in conducting checks, inspections and supervision of implementation of regimes, policies and the law on labour, on trade unions, on State employees, on social insurance and health insurance, and other regimes, policies and laws relevant to the rights and obligations of workers; and in investigating work-related accidents and occupational disease.

2. A trade union has the following rights when participating or coordinating in the checks, inspections and supervision prescribed in clause 1 above:

(a) To require agencies, organizations and enterprises to provide information and data and to explain relevant matters;

(b) To make recommendations on measures for correcting errors, preventing breaches, overcoming consequences of breaches and dealing with conduct in breach of law;

(c) On discovery that a workplace contains any element adversely impacting upon or dangerous to the life and health of workers, the trade union may require the responsible agency, organization, enterprise or individual to immediately take remedial measures and ensure occupational safety, including suspension of operation if necessary.

Article 15    Dissemination of information to workers and activating and arranging education of workers

1.       To disseminate information to workers about the path and policies of the Party, and about the law of the State relevant to trade unions and workers; and about trade union rules.

2.         To disseminate information to workers and persuade and arrange for workers to study to raise the standard of their political, cultural, trade and technical knowledge, their knowledge of the requirement to comply with law, and their knowledge of internal rules and regimes of agencies, organizations and enterprises.

3.         To disseminate information to workers and persuade and arrange for workers to practise thrift, combat waste and fight corruption.

Article 16    Development of trade union membership and of grass-roots trade unions

1.         Trade unions have the right and responsibility to develop trade union membership and grass-roots trade unions within agencies, organizations and enterprises.

2.         The directly superior level trade union above a grass-roots trade union has the right and obligation to send trade union officials to agencies, organizations and enterprises in order to disseminate information to and persuade and guide workers to establish and/or join trade unions and to participate in their activities.

Article 17    Rights and obligations of directly superior level trade union above a grass-roots trade union owed to workers in any agency, organization or enterprise which has not yet established a grass-roots trade union

In any agency, organization or enterprise which has not yet established a grass-roots trade union, the directly superior level trade union has the right and obligation to represent and to protect the legitimate and lawful rights and interests of workers, when requested by such workers.

Section 2

Rights and Obligations of Trade Union Members

Article 18    Rights of trade union members

1. To request the trade union to represent and protect the legitimate and lawful rights and interests [of trade union members] when they are infringed.

2. To be provided with information about, to discuss and make proposals on, and to vote on work of the trade union; and to be provided with information about the path, guidance and policies of the Party, about the law of the State relevant to trade unions and workers, and about trade union rules.

3. To stand as candidates for, to nominate candidates for, and to elect agency trade union leaders in accordance with the provisions in the Vietnam Trade Union Charter; to formally question trade union leaders; and to recommend disciplinary measures against trade union officers who commit breaches.

4. To be provided by the trade union with free legal consultancy and legal aid regarding the law on labour and trade unions.

5. To be guided and assisted by the trade union to find jobs and apprenticeships, and to receive visits and assistance [from the trade union] when such members are ill or in financial difficulty.

6. To participate in cultural, sporting and tourism activities arranged by the trade union.

7. To make proposals to the trade union to in turn make recommendations to agencies, organizations and enterprises regarding implementation of regimes, policies and laws applicable to workers.

Article 19    Obligations of trade union members

1. To comply with and implement provisions in the Vietnam Trade Union Charter and resolutions of the trade union; to participate in trade union activities and to formulate strong and powerful trade union organizations.

2. To study in order to raise the standard of their political, cultural and professional knowledge and trade skills; to train themselves in working class virtues, and to live and work in accordance with the Constitution and law.

3. To unite with and assist colleagues to raise the standard of their professional and trade skills, to work efficiently, and to protect the legitimate and lawful rights and interests of workers and of trade union organizations.

CHAPTER 3

Responsibilities owed to Trade Unions by the State, Agencies, Organizations and Enterprises

Article 20    Relationship between trade unions with the State, agencies, organizations and enterprises

The relationship between trade unions with the State, agencies, organizations and enterprises is a relationship of cooperation and coordination in order to exercise the functions, rights and responsibilities of the parties in accordance with law, contributing to construction of an harmonious, stable and progressive labour relationship.

Article 21    Responsibilities owed to trade Unions by the State

1. To guarantee, assist and facilitate trade unions in implementation of their functions, exercise of their rights and discharge of their responsibilities in accordance with law.

2. To disseminate and popularize information and education about the law on labour, on trade unions and other relevant laws regarding trade union organizations, and the rights and obligations of workers; to conduct checks, inspections and supervision and to deal with breaches of the law on trade unions; to coordinate with trade unions in the care of and ensuring the legitimate and lawful rights and interests of workers.

3. To obtain opinions from trade unions when formulating policies and laws directly relevant to trade union organizations and the rights and obligations of workers.

4. To coordinate and create favourable conditions for trade unions to participate in State management, socio-economic management, and representation and protection of the legitimate and lawful rights and interests of workers.

Article 22    Responsibilities owed to trade unions by agencies, organizations and enterprises

1. To coordinate with trade unions in exercise of the functions, rights and discharge of obligations of the parties in accordance with law.

2. To facilitate workers to establish and/or join trade unions and participate in their activities.

3. To coordinate with same level trade unions to formulate, promulgate and implement regimes [regulations] on coordination in operation.

4. To recognize and create favourable conditions for grass-roots trade unions to exercise their rights and discharge their obligations in accordance with law.

5. On request from a trade union, to exchange and provide complete, accurate and prompt information relevant to the organization and operation of an agency, organization or enterprise in accordance with law.

6. To coordinate with trade unions in organizing discussion, negotiation, signing and implementation of collective labour agreements and grass-roots democratic regimes [regulations].

7. To obtain opinions from same level trade unions prior to issuing decisions on issues relevant to the rights and obligations of workers.

8. To coordinate with trade unions in resolving labour disputes and issues relevant to implementation of the law on labour.

9. To guarantee operational conditions for trade unions and trade union officers and to provide trade union funding in accordance with articles 24, 25 and 26 of this Law.

CHAPTER 4

Guarantee of Trade Unions Activities

Article 23    Guarantee of operation and senior staff [appointed or elected officials]

1. All level trade unions shall be guaranteed that they will operate and have [a sufficient] number of senior staff [appointed or elected officials] and State officials in order for the trade unions to implement their functions, rights and responsibilities in accordance with law.

2. Vietnam General Confederation of Labour shall formulate the organizational structure of the staffing apparatus and titles of trade union officers and submit same to the competent authority for decision or issue a decision thereon in accordance with its own authority.

3. Based on the requirements regarding tasks and duties of each grass-roots trade union and based on the number of workers in the particular agency, organization or enterprise, the authority managing trade union officers shall issue a decision appointing full-time officers of the trade union.

Article 24    Guarantee of operational conditions of trade unions

1. Agencies, organizations and enterprises are responsible to arrange a workplace and to facilitate the necessary working facilities for the same level trade union to operate.

2. Part-time trade union officers being the chairman and deputy chairman of the grass-roots trade union are permitted to use 24 working hours within any one month, and 12 working hours within any one month in the case of a member of the Executive Committee, or the head or deputy head of a trade union group, to conduct trade union work and shall be paid wages by the employer.  Depending on the scale of the particular agency, organization or enterprise, the Executive Committee of the grass-roots trade union shall reach agreement with the employer on any additional time [to be used to conduct trade union work].

3. Part-time trade union officers are entitled to leave and to be paid wages by their employer for days on which they attend a meeting or training session arranged by the superior level trade union; while the trade union convening the meeting or training session is responsible to pay travelling expenses, costs of meals, housing [accommodation] and living expenses for the days on which such part-time trade union officers attend the meeting or training session.

4. Part-time trade union officers shall be paid by the employer their wages and shall be entitled to responsibility allowances for trade union officers in accordance with the regulations of Vietnam General Confederation of Labour.

5. Full-time trade union officers shall be paid wages by the trade union, and their employer must ensure their collective interests and welfare the same as the other workers currently working in such agency, organization or enterprise.

Article 25    Guarantee for trade union officers

1. If the labour contract or employment contract of a part-time trade union officer expires while such officer is still within the term of his or her office, then such labour contract or employment contract must be extended until expiry of the period of such office.

2. An employer is not permitted to unilaterally terminate the labour contract or employment contract of, or dismiss, retrench or transfer of a part-time trade union officer without written agreement from the Executive Committee of the grass-roots trade union or from the executive committee of the directly superior grass-roots trade union. If the parties are unable to reach agreement, then the two parties must report to the competent agency or organization, and within 30 days of such notification the employer has the right to make a decision and shall be legally liable for such decision.

3. If  the agency, organization or enterprise [employer] unlawfully terminates the labour contract or employment contract of a worker who is a part-time trade union officer, or if such officer is unlawfully retrenched or dismissed by such employer, then the trade union is responsible to request the competent State authority to intervene; and if it is so authorized, the trade union shall act as representative in instituting court proceedings to protect the lawful rights and interests of such trade union officer, and at the same time shall assist such officer to find a new job and shall pay a subsidy to such officer during the period of time when his or her work is [unlawfully] discontinued in accordance with regulations of Vietnam General Confederation of Labour.

Article 26    Trade union finances

Trade unions shall be financed from the following revenue sources:

1. Membership fees, to be paid by trade union members in accordance with the provisions in the Vietnam Trade Union Charter.

2. Trade union funding [budget] shall be paid by the agency, organization or enterprise [employer] at 2% of the payroll which is used to provide a basis for payment of social insurance premiums for employees.

3. The State budget shall provide financial assistance.

4. Other revenue shall be provided from cultural, sporting and economic activities of the union; from plans and projects assigned by the State; and from aid and donations made by both domestic and foreign organizations and individuals.

Article 27    Management and use of trade union finances

1. Trade unions shall undertake management and use of trade union finances in accordance with law and regulations of Vietnam General Confederation of Labour.

2. Trade union finances shall be used to fund activities implementing rights and responsibilities of the trade union and for maintaining operation of the trade union system, comprising the following tasks:

(a) Disseminating and popularizing information and education about the path and policies of the Party and the law of the State; and raising the standard of professional and trade skills of workers;

(b) Organizing activities being representation and protection of the legitimate and lawful rights and interests of workers;

(c) Developing trade union membership, establishing grass-roots trade unions and building strong and powerful trade unions;

(d) Organizing emulation movements which the trade union sets in motion;

(đ) Training and fostering trade unions officers; fostering outstanding workers as a source of senior staff for the Party, the State and for trade union organizations;

(e) Arranging cultural, sporting and tourism activities for workers;

(g) Organizing activities in relation to gender and gender equality;

(h) Visiting and assisting trade union members and workers when they are ill, bear children, suffer misfortune or are in financial difficulty; and arranging other activities which take care of workers;

(i) Encouraging and rewarding workers and children of workers with achievements in study and work;

(k) Paying wages to full-time trade union officers and paying responsibility allowances to part-time trade union officers;

(l) Paying for operation of the staffing apparatus of all level trade unions;

(m) Discharging other payments obligations.

Article 28    Assets of trade unions

Assets which are formed from contributions from trade union members, from the capital sources of the trade union, from assets of the State of which ownership is transferred to the trade union, and from other sources in compliance with the law on assets belong to the trade union.

Vietnam General Confederation of Labour shall exercise the rights and discharge the obligations of the owner of assets of trade unions in accordance with law.

Article 29    Inspection and supervision of trade union finances

1. The superior level trade union shall guide, inspect and supervise conduct of financial work of the lower level trade union in accordance with law and regulations of Vietnam General Confederation of Labour.

2. Any agency inspecting a trade union shall inspect management and use of its finances in accordance with law and regulations of Vietnam General Confederation of Labour.

3. Competent State authorities shall supervise, conduct checks and inspections, and audit the use of trade union finances in accordance with law.

CHAPTER 5

Dispute Resolution, and Dealing with Breaches of the Law on Trade Unions

Article 30    Resolution of disputes regarding the union right

When a dispute arises regarding the union right as between trade union members, workers, or a trade union organization with an agency, organization or enterprise [employer], then the authority, sequence and procedures for dispute resolution shall be regulated as follows:

1. In the case of a dispute within the scope of the rights and obligations of the trade union within the labour relationship, then  the  authority, sequence and  procedures for  resolution shall be  conducted in accordance with the law on resolution of labour disputes.

2. In the case of a dispute within the scope of the rights and obligations of the trade union within another relationship, then the  authority, sequence and  procedures for  resolution shall be  conducted in accordance with the relevant corresponding law.

3. In the case of a dispute relating to failure to implement or refusal to discharge obligations by the employer owed to the trade union, the grass-roots trade union or the directly superior trade union shall make a recommendation to the competent State authority to resolve the dispute or shall institute court proceedings in accordance with law.

Article 31    Breaches of the law on Trade Unions

1. Any agency, organization, enterprise or individual who acts in breach of the provisions of this Law or of other relevant laws regarding the trade union right shall, depending on the nature and seriousness of the breach, be subject to disciplinary penalties, administrative penalties, shall pay compensation for loss and damage or shall be criminally investigated in accordance with law.

2. The Government shall provide detailed regulations on imposition of administrative penalties for conduct in breach of the law on trade unions.

CHAPTER 6

Implementing Provisions

Article 32    Effectiveness

1. This Law shall be of full force and effect as from 1 January 2013.

2. The 1990 Law on Trade Unions shall no longer be effective as from the date on which this Law takes effect.

Article 33    Detailed regulations and guidelines

The Government shall provide detailed regulations and guidelines for implementation of articles and clauses assigned to it in this Law.

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This Law was passed by Legislature XIII of the National Assembly of the Socialist Republic of Viet Nam in its 3rd session on 20 June 2012.

Chairman of the National Assembly

NGUYEN SINH HUNG

THEGIOILUAT.VN
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HL: 01/01/2013

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Law No. 12/2012/QH13 of June 20, 2012, on trade union

Số hiệu 12/2012/QH13 Ngày ban hành 20/06/2012
Ngày có hiệu lực 01/01/2013 Ngày hết hiệu lực
Nơi ban hành Quốc hội Tình trạng Đang có hiệu lực

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Văn bản liên quan ngôn ngữ - [1] Law No. 12/2012/QH13 of June 20, 2012, on trade union
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