Who shall attend the employee meeting at a state enterprise in Vietnam?
What content is discussed and decided at the employee meeting at a state enterprise in Vietnam?
Pursuant to Clause 1, Article 68 of the 2022 Law on Implementation of Grassroots-level Democracy in Vietnam, the contents to be discussed and decided at the employee meeting at a state enterprise include:
- Establishment of funds, collection, spending, management and use of amounts of income or contribution of employees.
- Election or discharge from office of any member of the People’s Inspectorate.
- Content of the resolution made in the meeting of employees.
- Other matters relating to self-management within the state enterprise that are not in breach of regulatory provisions, and conform to traditional values, customs and social ethics.
Who shall attend the employee meeting at a state enterprise in Vietnam? (Image from the internet)
How often is the employee meeting at a state enterprise held?
Pursuant to Clause 1, Article 69 of the 2022 Law on Implementation of Grassroots-level Democracy in Vietnam stipulating as follows:
Organization of employee meetings in Vietnam
1. The employee meeting shall be held by the leadership of the state enterprise, the Executive Committee of the enterprise's Trade Union, the representation board of other employee representation organizations (if any) of the enterprise.
The employee meeting shall be held annually on the date after end of the financial year of the enterprise, or the date falling within the period of 3 months in the following year as decided by the authorized representative of the enterprise after consulting with the Executive Committee of the Trade Union of the enterprise or the representation board of other employee representation organization (if any) of the enterprise.
An irregular employee meeting may be held at the request of the entities specified in clause 1 of Article 68 herein.
Thus, the employee meeting shall be held annually on the date after the end of the financial year of the enterprise, or the date falling within the period of 3 months in the following year.
In addition, an irregular employee meeting may be held at the request of the Executive Committee of the Trade Union at the enterprise or other employee representation organizations (if any) at the enterprise, the authorized representative of the state enterprise, or when at least one third of total number of employees of the enterprise makes the same request.
Who shall attend the employee meeting at a state enterprise in Vietnam?
Pursuant to Clause 2, Article 69 of the 2022 Law on Implementation of Grassroots-level Democracy in Vietnam stipulating as follows:
Organization of employee meetings in Vietnam
...
2. The attendance of an employee meeting at a state enterprise shall be as follows:
a) For an enterprise hiring less than 100 employees, the general meeting attended by all employees in the enterprise shall be held, except in the case specified in point b of this clause;
b) For an enterprise hiring 100 or more employees in total, or less than 100 employees who work over a large area or cannot leave their offices for professional reasons, the authorized representative of the enterprise shall agree with the Executive Committee of the Trade Union of the enterprise, the representation board of other employee representation organization (if any) at the enterprise to decide that the participants in the meeting are all employees, or their representatives according to the current condition of the enterprise;
c) The employee meeting is deemed legitimate when at least two-thirds of the total number of employees, or at least two-thirds of the total number of invited attendees are present. The resolution or decision made in the meeting shall be approved when more than 50% of total number of attendees agree; and when the content thereof is not in contravention of the provisions of law; and when the content thereof is conformable to social ethics.
Thus, the attendance of an employee meeting at a state enterprise shall be as follows:
- For an enterprise hiring less than 100 employees, the general meeting attended by all employees in the enterprise shall be held, except in the case specified in point b of this clause;
- For an enterprise hiring 100 or more employees in total, or less than 100 employees who work over a large area or cannot leave their offices for professional reasons, the authorized representative of the enterprise shall agree with the Executive Committee of the Trade Union of the enterprise, the representation board of other employee representation organization (if any) at the enterprise to decide that the participants in the meeting are all employees, or their representatives according to the current condition of the enterprise;
- The employee meeting is deemed legitimate when at least two-thirds of total number of employees, or at least two-thirds of total number of invited attendees are present. The resolution or decision made in the meeting shall be approved when more than 50% of total number of attendees agree; and when the content thereof is not in contravention of the provisions of law; and when the content thereof is conformable to social ethics.
The 2022 Law on Implementation of Grassroots-level Democracy in Vietnam takes effect July 1, 2023.
LawNet
