Vietnam: What are the regulation on allocating expenses for protecting the legitimate interests and rights of union members and employees in the trade union agency?
- What are the regulation on allocating expenses for legal advice of trade unions agencies in Vietnam?
- What are the regulation on allocating expenses for initiating legal actions and participating in proceedings to settle labor dispute cases at Court?
- What are the regulation on allocating expenses for collective bargaining of trade unions agencies in Vietnam?
Expenses for representation and protection of the legitimate interests and rights of union members and employees at trade union agencies is one of the direct expenses for caring , protecting and training union members and employees, including specific expenses as follows:
- Expenses for legal advice;
- Expenses for initiating legal actions and participating in proceedings to settle labor dispute cases at Court;
- Expenses for collective bargaining.
What are the regulation on allocating expenses for legal advice of trade unions agencies in Vietnam?
According to the provisions of Point 1.1, Clause 1, Article 4 of Decision 4291/QD-TLD in 2022 on expenses for legal advice as follows:
"Article 4. Direct expenses of caring, protecting and training union members and employees
1. Expenses for representation and protection of legitimate rights and interests of union members and employees
1.1. Expenses for legal advice
a) Expenses for legal advice on labor and mobile unions
- Expenses for hall rent;
- Expenses for supporting drinks and meals for employees: the maximum spending level is 40,000 VND/person/person;
- Expenses for rewards for employees participating in answering questions: spending level 30,000 VND to 50,000 VND/person/reward;
- Expenses for reporters and collaborators invited for mobile consultants; write questions and answers, situations... with remuneration for reporters and collaborators as prescribed at Point 2.4, Clause 2, Point 7.4, Clause 7, Article 4 of this Regulation;
- Expenses for printing and distributing documents to employees;
- Expenses for working overtime for trade union officials participating in the implementation of mobile consultations, money to support petrol cars, public transport...
b) Expenses for direct legal advice and other forms of legal advice.
- Expenses for meetings and seminars to discuss legal advice cases;
- Expenses for travel, fuel, and public transport for officials doing legal work;
- Expenses for writing reports and analysis on legal consultancy cases: the maximum spending level is 500,000 VND/person/case;
- Expenses for telephone for legal consultants: 200,000 VND/person/month;
- Some other expenses in accordance with the reality and regulations of the General Confederation;
- Content of training and remuneration for the above reporter and collaborator for those who are not trade union officials. In case of being a trade union official, the head of the agency shall decide on the situation of financial resources."
What are the regulation on allocating expenses for initiating legal actions and participating in proceedings to settle labor dispute cases at Court?
According to the provisions of Point 1.2, Clause 1, Article 4 of Decision 4291/QD-TLD in 2022 on the expenses for initiating legal actions and participating in proceedings to settle labor dispute cases at Court as follows:
"Article 4. Direct expenses of caring, protecting and training union members and employees
1. Expenses for representation and protection of legitimate rights and interests of union members and employees
...
1.2. Expenses for initiating legal actions and participating in proceedings to settle labor dispute cases at Court
The trade union representing the employees initiating a civil lawsuit shall pay the costs of participating in the civil procedure with the financial source of the trade union at that level, specifically the following expenses:
- Expenses for meetings and seminars to discuss lawsuits and participate in legal proceedings.
- Expenses for studying records and preparing lawsuit documents for officials who initiate lawsuits and participate in legal proceedings: the norm of expenses is 300,000 VND/person/case for the scale from 1 to 30 cases; for a scale of more than 30 cases, the head of the agency shall, based on financial sources, decide on the scale and nature of the case;
- Expenses for working overtime for trade union officials to initiate lawsuits, participate in legal proceedings, and to support petrol and public transport...
- Expenses for writing reports and analysis of lawsuits and participating in legal proceedings: 300,000 VND/person/case for the scale from 1 to 30 cases; for the scale of more than 30 cases, the head of the agency shall decide on the basis of financial sources according to the size and nature of the case;
- Expenses for fostering collaborators invited to consult for lawsuits and proceedings;
- Expenses for hiring a lawyer, the maximum level is 14,490,000 VND/case. For cases of complex nature, the Trade Union Standing Committee shall decide and sign a contract to hire the entire job in accordance with current law. The level of compensation for collaborators invited to advise on lawsuits and legal proceedings shall be in the form of a contract of employment with experts;
- Expenses for first-instance or appellate court fee advances at the court's request;
- Expenses for a number of fees at the request of the Court:
+ Expenses for issuance of copies of court judgments, decisions and other papers; fees for copying documents and evidences contained in the case file made by the court; fee for issuance of copies of court judgments and decisions; Expenses for issuance of copies of other court papers;
+ Expenses for considering the legitimacy of the strike;
+ Expenses for filing a request to open bankruptcy proceedings;
+ Expenses for legal entrustment of foreign courts in Vietnam.
- Expenses for civil judgment enforcement expenses, including:
+ Expenses for enforcement of judgments paid by trade unions or deducted from the proceeds, auction proceeds of distrained assets, including assets held by a third party. After handling assets or collecting money, enforcers must carry out procedures for immediately refunding previously advanced amounts.
+ Expenses for applying provisional urgent measures in case the union requests the court to apply provisional urgent measures.
- Other procedural expenses: Expenses for witnesses; expenses for interpreters, lawyers, some other procedural expenses at the request of the Court...
- Expenses for awarding and winning lawsuits: the level of spending is 300,000 VND/person/case for the scale from 1 to 30 cases; for a scale of more than 30 cases, the head of the agency shall, based on financial sources, decide on the scale and nature of the case;
- Some other expenses in accordance with the reality and regulations of the General Confederation."
What are the regulation on allocating expenses for collective bargaining of trade unions agencies in Vietnam?
According to the provisions of Point 1.3, Clause 1, Article 4 of Decision 4291/QD-TLD in 2022 on expenses for collective bargaining as follows:
"Article 4. Direct expenses of caring, protecting and training union members and employees
1. Expenses for representation and protection of legitimate rights and interests of union members and employees
...
1.3. Expenses for collective bargaining
Standing Committees of Labor Confederations of provinces, cities, Central Sector Trade Unions and the equivalent, Trade Unions of Corporations under the Vietnam General Confederation of Labor, based on the ability of funding sources, time limit, and score of each collective labor agreement (CBA), the size of the labor force, the type and field of production and business of each enterprise, the contributions of individuals and collectives in the implementation process... to specify conditions and spending levels applicable in localities and units according to the following contents:
a) Expenses for supporting enterprise collective bargaining
- Expenses for remuneration to invite experts and people with experience in the field of industrial relations to assist in the drafting of the collective bargaining agreement and to participate in collective bargaining sessions.
- Expenses for hiring interpreters to participate in collective bargaining conferences attended by foreign-invested enterprises (if invited).
- Expenses for overtime work, fuel and vehicle allowances, etc. for trade union officials participating in activities to support collective bargaining.
- Expenses for supporting the superior trade union on the basis of scoring and classifying the quality of the signed collective agreement, the maximum spending level is 100,000 VND/copy of the collective agreement. Only one-time support will be paid for 01 copy of the signed collective agreement, during the time the collective agreement is in effect at each level (except for the case of amendment, supplement, and re-sign).
- Expenses for encouraging the grassroots trade union to directly support and guide the grassroots trade union to successfully sign the enterprise collective agreement:
+ The first signed collective agreement (newly signed): the upper-level trade union is entitled to a maximum payment of 1,000,000 VND/copy of the collective agreement;
+ A collective bargaining agreement is graded A: the grassroots trade union and the grassroots trade union officer directly support and guide the grassroots trade union to spend a maximum amount of VND 3,000,000/copy of the collective agreement, in which, expenses for staff to directly support and guide from 30% to 40% of the amount to be spent;
+ The collective bargaining agreement is graded B: the grassroots trade union and the grassroots trade union staff directly support and guide the grassroots trade union to spend a maximum amount of VND 2,000,000/copy of the collective agreement, in which, expenses for staff to directly support and guide from 30% to 40% of the amount to be spent.
- Expenses for encouraging grassroots trade unions to successfully sign enterprise collective agreements:
+ The collective bargaining agreement is graded A: The upper-level trade union is entitled to spend a maximum of VND 5,000,000/copy of the collective agreement on the grassroots trade union executive committee and the grassroots trade union president (or vice president), of which President (or Vice President) of the grassroots trade union from 50% to 60% of the amount paid.
+ The collective bargaining agreement is graded B: The upper-level trade union is allowed to spend a maximum of VND 4,000,000/copy of the collective agreement on the grassroots trade union executive committee and the grassroots trade union president (or vice president), of which President (or Vice President) of the grassroots trade union from 50% to 60% of the amount paid.
- Some other expenses in accordance with the reality and regulations of the General Confederation.
b) Expenses for performing industry collective bargaining, collective bargaining with many enterprises participating
- Expenses for printing and distributing propaganda materials.
- Expenses for collecting information, investigating and surveying the business situation, needs and desires of union members and employees."
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