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LAW ON TRADE UNIONS
In
order to develop the law relating to trade unions in the socialist
revolution, and to ensure the democratic rights and benefits of workers;
Pursuant to articles 10,32,83,86 and 106 of the
Constitution of the Socialist Republic of Vietnam;
This law makes provisions in relation to the functions,
powers and obligations of a trade union.
CHAPTER I
General Provisions
Article 1
1.
A trade union
is a large political and social organization of the working class
voluntarily established under the leadership of the Vietnamese
Communist Party. It represents Vietnamese workers (workers), is part of
the political system of Vietnam and brings the benefits of socialism to
workers.
2.
Vietnamese
workers employed in the business and production units of economic
sectors, enterprises with foreign owned capital, other work units, State
bodies and social organizations, (referred to as bodies, units, and
organizations) are all entitled, within the framework of the trade union
laws of Vietnam, to establish and join trade unions.
Any
union establish by workers in accordance with the provisions of the law
shall be entitled to join a trade union federation.
When
a trade union is established it shall inform the government body or
organization concerned in order that official relations may be
established.
Obstruction and violation of the principles of voluntary recruitment to
the organization and operation of a trade union and discriminatory
treatment of workers who join and participate in a trade union are
prohibited.
3.
Each trade
union from the local level upwards shall have the status of a legal
entity.
The
General Federation of Labour of Vietnam and Vietnamese trade union
associations are entitled to join international trade union
organizations which have like objectives.
Article 2
1.
Each trade
union shall represent and protect the rights and legitimate interests of
the workers. It shall be responsible for liaising with the State in
order to increase production, create jobs, and improve the standard of
living of workers.
2.
Each trade
union shall represent and organize workers by participating in the
economic and social management of bodies, units, organizations, and the
State. A trade union shall, within the limits of its function, exercise
its power to control the activities of bodies, units and organizations
in accordance with the provisions of the law.
3.
Each trade
union shall organize, educate and encourage workers to become masters of
their country, perform the duties of citizens, and build and protect the
socialism of the fatherland of Vietnam.
Article 3
1.
Each union
shall, in carrying out its activities, abide by the Constitution and the
law.
State bodies and the heads of units and organizations
shall observe the rights of unions as independent entities and all other
rights provided in this Law.
2.
State bodies,
and the heads of units, organizations, and unions shall together
strengthen co-operation and relations in all activities with the aim of
strengthening those bodies, units, and organizations in order to build
the nation and to take care of the interests of its workers.
Where different opinions exist they shall be discussed and be the
subject of negotiations in order that they may be resolved in accordance
with the law. State bodies and heads of units and organizations shall be
responsible for the creation of conditions necessary for the activities
of unions.
3.
The Council of
Ministers shall, with the agreement of the General Federation of Labour
of Vietnam, make specific provisions regulating relations and operation
at all levels between State bodies and head of units, organizations and
unions.
CHAPTER II
Rights and Obligations of Trade Unions
Article 4
1.
Each union
shall represent and organize the State’s workers in order to establish
and carry out economic and social development programmes, policy,
economic management and objectives, and policy concerning the rights,
obligations, and interest of workers.
The
President of the General Federation of Labour of Vietnam shall be
entitled to attend the meetings of the Council of Ministers. Presidents
of unions at all levels shall be entitled to attend the meetings of
State bodies, units, and organizations concerned when the matters being
discussed at those meetings relate to the rights, obligations, and
interests of workers.
2.
Each union
shall promote the constitution and laws, educate workers to follow and
uphold the law, participate in the building of socialism, protect the
fatherland, protect socialist property, and work with discipline,
productivity, quality, and efficiency.
3.
Unions at
local levels shall, with bodies, units, and organizations ensure that
their right to take charge of a labour association is carried out in
accordance with provisions of the law.
4.
Each union
shall, with bodies, organizations, State run economic units, work units,
and co-operatives organize a movement of competition within socialism in
order to develop the potential of all workers and to achieve economic
and social objectives.
Article 5
1.
The General
Federation of Labour of Vietnam shall be entitled to submit draft laws
and ordinances to the Legislative Assembly and the State Council in
relation to any matters which directly concern the rights, obligations,
and interests of workers.
2.
Each union
shall co-operate with State bodies in order to develop laws, policies,
and regimes in relation to labour, wages, labour protection, and other
social policies which relate directly to the rights, obligations, and
interests of workers.
3.
Each union
shall be responsible for encouraging and inspecting the implementation
of labour policy and regimes.
Article 6
1.
Each trade
union shall co-operate with State bodies in researching scientific
applications and labour protection techniques and in devising standard,
and regulations for labour protection and industrial hygiene.
2.
Each trade
union shall educate workers to observe, strictly, provisions on labour
and protection of the environment.
3.
Each trade
unions shall monitor the observance of labour protection laws. In the
event that any sign of danger which might threaten the life of a worker
is discovered within a workplace, the trade union shall be entitled to
request that the person responsible carry out immediately all measures
necessary in order to ensure occupational safety, including where
required, the suspension of operations.
4.
Trade union
representatives shall participate in the investigation of labour
accidents. A trade union shall be entitled to request that State bodies
or courts prosecute persons responsible for labour accidents in
accordance with the provisions of the law.
Article 7
Each
trade union shall liaise with the bodies, units, and organizations
concerned in order to create employment, organize training, and improve
the professional standards, culture, and science and technology skills
of workers.
Article 8
1.
Each trade
union shall participate in the formation of social policies and liaise
with the State body responsible for management of social insurance in
accordance with the provisions of the law.
2.
Each trade
union shall, with the bodies, units, and organizations concerned, be
responsible for organizing and taking care of the cultural life,
sporting activities, recreation, and tourist activities of workers.
3.
Each trade
union at a local level shall, for the benefit of the workers, co-operate
with the bodies, units, and organizations concerned in the management
and use of the collective welfare fund.
Article 9
1.
Each trade
union shall, within its function, monitor the observance of the laws on
labour contracts, employment, retrenchment, wages, bonuses, labour
protection, social insurance and policies in relation to the rights,
obligations and interests of workers.
2.
Each trade
union shall request that the heads of bodies, units, and organizations
reply to all its questions and shall recommend measures to rectify
deficiencies in the law, prevent offences being committed against the
law, and deal with offenders.
3.
Heads of
bodies, units, and organizations shall reply to the trade union
resolution within the time limits provided by the law. Reasons must be
given in relation to any matters which remain outstanding.
Article 10
1.
Each trade
union shall, as the representative of the workers, request that the head
of any bodies, units, and organizations concerned meet and answer all
questions raised by the workers.
2.
Where
necessary, the trade union shall organize a discussion to be held
between the workers and the head of the body, unit or organization
concerned in order that any matters relating to the rights, obligations,
and interests of the workers may be resolved.
Article 11
1.
Trade unions
at local levels shall represent workers in singing collective labour
agreements with directors of enterprises belonging to economic sectors
and shall control the singing and performance of labour contracts.
2.
Trade unions
shall represent workers in negotiations with the heads of bodies, units,
and organizations in order to resolve labour disputes within those
bodies, units, and organizations. A representative of the trade union
shall attend and state his opinion at the hearing of labour disputes by
an authorized organization or court.
3.
A worker who
is not a member of the trade union shall have the right to request that
the executive committee of the trade union represent and protect his
rights and legitimate interests before a court, or the head of the body,
unit or organization concerned.
Article 12
1.
State bodies,
heads of units and organizations shall have discussions with their
counterpart trade union before making any decisions in relation to the
rights, obligations, and interests of workers.
2.
Before making
any decisions in relation to salary, bonuses or housing, or applying any
disciplinary measures to force a worker to resign or to terminate a
labour contract prior to its expiry, the director of a State run
enterprise, or head of a State body or work unit shall discuss and agree
upon the matter with the executive committee of the trade union.
In the event that both sides disagree on
the matter concerned, they shall refer it to an authorized body or
organization for resolution in the manner provided for in this article.
Within thirty (30) days from the
date of receipt of such a reference, the body or organization concerned
shall reply.
The Council of Ministers and
General Federation of Labour of Vietnam shall make specific provisions
on the process and procedures to be adopted in resolving matters where
unanimous agreement is not reached between the trade union and the head
of the body, unit or organization concerned.
Labour disputes shall be
resolved in accordance with the law on resolution of labour disputes.
3.
The matters
for discussion and agreement between the General Federation of Labour of
Vietnam and the Council of Ministers shall be decided in accordance with
the rules pursuant to wich their activities are co-ordinated.
Article 13
The Council of Ministers shall, pursuant
to the provisions of this Law and with the General Federation of Labour
of Vietnam, make specific provisions on the rights and responsibilities
of the trade unions at local level. The provisions shall be consistent
with the nature of each type of body, unit, organization, enterprise
and co-operative which comprise the various economic sectors.
CHAPTER III
Guarantees of Trade Union Activities
Article 14
The heads of bodies, units, and organizations shall
create favourable conditions and provide information to the trade union
necessary for the performance of its functions, rights, and obligations.
The Council of Ministers shall, with the agreement of
the General Federation of Labour of Vietnam, make specific provisions on
these matters.
Article 15
1.
Heads of
bodies, units, and organizations shall create favourable conditions for
a worker to fulfil his responsibilities where he is elected to the
executive committee of, or requested to perform tasks by, a trade union.
2.
Trade union
officers who are not specially skilled for particular tasks shall be
allowed a fixed period of time during working hours to perform their
trade union duties. The Council of Ministers and General Federation of
Labour of Vietnam shall make specific provisions as to the time and
conditions for activities to be carried out by such trade union
officers.
3.
The General
Federation of Labour of Vietnam shall make regulations on the number of
officers required for administration of a trade union.
The salary of trade union officers shall
be stipulated, in accordance with general policy, by the General
Federation of Labour of Vietnam and shall be paid out of trade union
funds.
4.
Any decision
to dismiss, retrench or terminate the labour contract before expiry or
transfer the job of a member of the executive committee of a trade union
shall be agreed to by the executive committee of the trade union at the
same level. Decisions made in relation to the chairman of the executive
committee of a trade union shall be agreed to directly by a trade union
of a higher level.
Article 16
1.
Each trade
union shall carry out its financial management in accordance with the
law and provisions of the General Federation of Labour of Vietnam.
2.
The sources of
trade union funds shall include:
a) Membership fees contributed by trade union members, revenue earned
from cultural activities, sport, tourism, the business of the trade
union, and donations from international organizations and foreign trade
unions.
b) Funds from the State Revenue and money received from the funds of
bodies, units, and organizations which have been transferred to the
trade union fund in accordance with the provisions of the Council of
Ministers.
Article 17
The assets of the trade union are
socialist assets and shall be protected, managed, used, and their
development encouraged in accordance with the law.
The property, chattels, trade union
funds, facilities for operation, and all assets created by the trade
union or by donation from foreign countries shall be assets owned by the
trade union.
CHAPTER IV
Final Provisions
Article 18
Any person who breaches any of the provisions
of this Law shall be disciplined by administrative punishment or be
liable for criminal prosecution depending on the seriousness of the
offence.
Article 19
This law shall replace the Law on Trade Unions
dated 5 November 1957
All previous provisions which are inconsistent
with this law are hereby repealed .
This law was passed by Legislature VIII of the
National Assembly of the Socialist Republic of
Vietnam at its 7th Session, on 30 June 1990.
President of National Assembly
LE QUANG DAO
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