On November 27, 2024, the National Assembly of Vietnam passed the Vietnam Trade Union Law 2024. The Vietnam Trade Union Law 2024 consists of 6 Chapters and 37 Articles, an increase of 4 articles compared to the Vietnam Trade Union Law 2012.
The Vietnam Trade Union Law 2024 will take effect and replace the Vietnam Trade Union Law 2012 from July 1, 2025.
A notable new point of the Vietnam Trade Union Law 2024 is the allowance for foreign workers in Vietnam to join the Trade Union. Specifically, according to Article 5 of the Vietnam Trade Union Law 2024 regulating the rights to establish, join, and operate trade unions for workers as follows:
- Vietnamese workers have the right to establish, join, and operate trade unions.
- Workers who are foreign citizens working in Vietnam under a labor contract with a term of at least 12 months are allowed to join and operate in grassroots trade unions.
- The establishment, joining, and operation of trade unions are conducted in accordance with the Charter of the Vietnam Trade Union, the Vietnam Trade Union Law 2024, and other relevant legal provisions.
Thus, from the date the Vietnam Trade Union Law 2024 officially takes effect (July 1, 2025), foreign workers in Vietnam working under a labor contract with a term of at least 12 months will be allowed to join the Trade Union.
Currently, according to Article 5 of the Vietnam Trade Union Law 2012, only Vietnamese workers employed in agencies, organizations, and enterprises have the right to establish, join, and operate trade unions.
According to Articles 21 and 22 of the Vietnam Trade Union Law 2024, upon joining the Trade Union, trade union members will have the following rights and responsibilities:
* Regarding the rights of trade union members, they include:
- Request the Trade Union to represent and protect their legitimate and legal rights when infringed.
- Be informed about, discuss, propose, and vote on Trade Union matters.
- Receive information and awareness regarding the policies of the Communist Party, the state's policies, laws related to trade unions, workers, and union regulations.
- Nominate, propose and elect the leadership body of the Trade Union according to regulations.
- Question trade union leaders at all levels, and propose disciplinary actions against trade union officials who violate regulations according to the Charter of the Vietnam Trade Union.
- Receive free legal support from the Trade Union on laws related to labor, employment, social insurance, unemployment insurance, health insurance, safety, and occupational hygiene.
- Get consultancy, guidance, and support from the Trade Union in finding employment, vocational training, and improving professional, technical skills; receive visits and assistance in cases of sickness, maternity, difficulties, accidents, and enjoy other welfare activities organized by the Trade Union.
- Participate in cultural, sports activities and travel organized or coordinated by the Trade Union.
- Propose to the Trade Union to request agencies, organizations, units, enterprises, cooperatives, and unions of cooperatives regarding the implementation of policies and legal provisions for workers.
- Enjoy policies related to social housing rental provided by the Vietnam General Confederation of Labour.
- Be praised and rewarded for achievements in labor, production, and trade union activities.
- Have other rights as regulated by related laws and the Charter of the Vietnam Trade Union.
* Regarding the responsibilities of trade union members, they include:
- Comply with and implement the Charter of the Vietnam Trade Union, resolutions, and regulations of the Trade Union; participate in trade union activities, and build a strong Trade Union.
- Study to raise political, cultural, professional, and occupational skills, workplace conduct; cultivate the qualities of the working class; live and work following the Constitution and the law.
- Unite and help colleagues in work and in life; enhance labor productivity, quality, and efficiency; protect the legitimate rights and interests of workers and the Trade Union organization; participate in building a progressive, harmonious, and stable labor relationship.
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