Who is ineligible for admission to the trade union? What are the rights of trade union members in Vietnam?
Who is ineligible for admission to the trade union in Vietnam?
Under Clause 3.2, Article 3 of Guidance 03/HD-TLD in 2020, the following provisions are stated:
Subjects and conditions for joining the Vietnam Trade Union according to Article 1 of the Charter of the Vietnam Trade Union
...
3.2. Subjects not admitted to the Vietnam Trade Union organization
a. Foreigners working in Vietnam;
b. Employees involved in management roles in enterprises outside the state sector, including: private business owners, partners, chairpersons of members' councils, members of members' councils, company chairpersons, chairpersons of boards of directors, directors, or general directors and individuals holding other management positions authorized to represent the company in signing company transactions as stipulated by the company's charter;
c. Principals, directors; vice principals, vice directors authorized to manage the unit or sign labor contracts in public service providers outside the state sector.
d. Members in agricultural cooperatives;
dd. Individuals serving prison sentences as per court decisions;
...
Thus, under the above regulations, the persons ineligible for admission to the trade union in Vietnam include:
- Foreigners working in Vietnam;
- Employees involved in management roles in enterprises outside the state sector, including: private business owners, partners, chairpersons of members' councils, members of members' councils, company chairpersons, chairpersons of boards of directors, directors, or general directors and individuals holding other management positions authorized to represent the company in signing company transactions as stipulated by the company's charter;
- Principals, directors; vice principals, vice directors authorized to manage the unit or sign labor contracts in public service providers outside the state sector.
- Members in agricultural cooperatives;
- Individuals serving prison sentences as per court decisions;
Who is ineligible for admission to the trade union in Vietnam? What are the rights of trade union members in Vietnam?
What are the rights of trade union members in Vietnam?
Under the provisions of Article 18 of the Trade Union Law 2012, the following provisions are stated:
Rights of trade union members
1. Requesting Trade Union to represent, protect legal and legitimate rights and interests upon being violated.
2. Being informed, diccusing, proposing and voting affairs of Trade Union; being informed of lines, guidelines, policies of the Party and law of the State related to Trade Union, laborers; regulations of Trade Union.
3. Self-nominating, nominating, and voting the agency of Trade Union leaders under regulations of the Charter of Vietnam Trade Union, questioning leaders of Trade Union; proposing for handling Trade Union’s cadres having mistakes.
4. Being consulted of law, free legal aiding on labor law and Trade Union law.
5. Being guided, helped by Trade Union to find jobs, learn a trade; being cared, helped upon getting sick or meeting difficult situations.
6. Participating in activities of culture, sport, travel organized by Trade Union.
7. Suggesting Trade Union to recomment agencies, organizations and enterprises related to implementation of regimes, policies, laws for laborers.
Trade union members enjoy the following benefits upon joining the trade unions:
- Requesting Trade Union to represent, protect legal and legitimate rights and interests upon being violated.
- Being informed, diccusing, proposing and voting affairs of Trade Union; being informed of lines, guidelines, policies of the Party and law of the State related to Trade Union, laborers; regulations of Trade Union.
- Self-nominating, nominating, and voting the agency of Trade Union leaders under regulations of the Charter of Vietnam Trade Union, questioning leaders of Trade Union; proposing for handling Trade Union’s cadres having mistakes.
- Being consulted of law, free legal aiding on labor law and Trade Union law.
- Being guided, helped by Trade Union to find jobs, learn a trade; being cared, helped upon getting sick or meeting difficult situations.
- Participating in activities of culture, sport, travel organized by Trade Union.
- Suggesting Trade Union to recomment agencies, organizations and enterprises related to implementation of regimes, policies, laws for laborers.
What are the cases in which employees who are trade union members are exempt from paying trade union dues in Vietnam?
- Under Clause 1, Article 26 of the Trade Union Law 2012, the trade union fee is paid by trade union members as prescribed in the Charter of the Vietnam Trade Union. Therefore, only employees who are trade union members are required to pay trade union fees, whereas employees who are not members do not have to pay these fees.
- Additionally, under Clause 6, Article 23 of Decision 1908/QD-TLD in 2016, the following cases in which employees who are trade union members are exempt from paying trade union dues:
Subjects, rate of payment and salary used as the basis for payment of the trade union fee
...
6. Trade union members receive the social insurance benefits within one month or more are not required to pay the trade union fee during the period of receiving benefits. Trade union members are unemployed, do not have income or on personal leave within one month or more without salary are not required to pay the trade union fee during these period.
Thus, under the above regulations, the cases in which employees who are trade union members are exempt from paying trade union dues in Vietnam are as follows:
- Trade union members receive social insurance benefits within one month or more are not required to pay the trade union fee during the period of receiving benefits.
- Trade union members are unemployed, do not have income or on personal leave within one month or more without salary are not required to pay the trade union fee during these period.
LawNet
