What information is required to be disclosed regarding implementation of democracy at state enterprises in Vietnam?

What information is required to be disclosed regarding implementation of democracy at state enterprises in Vietnam?

Pursuant to Clause 1 Article 64 of the Law on Implementation of Grassroots-level Democracy in 2022, except data or information classified as state secrets, trade secrets or those of which disclosure is prohibited in accordance with law, state enterprises shall internally disclose the following information:

- State of production and business or operation of enterprises prescribed by law on enterprises and other relevant laws;

- Labor rules, pay scale, table, labor norms, internal rules, regulations and other regulations related to the rights, obligations and responsibilities of all employees;

- Collective bargaining agreements of which an enterprise is a signatory or member;

- Establishment and use of the reward fund, welfare fund and other funds to which contributions are made by the employees (if any);

- Setting-aside of funds for payment of trade union dues, social insurance, health insurance and unemployment insurance contributions;

- Performance related to implementation of such activities as emulation, commendation, disciplining, settlement of complaints and denunciations related to rights, obligations and interests of the employees;

- Regulations on implementation of democracy of an enterprise;

- Other information about finance, management of public assets and personnel under law and regulations on implementation of democracy at an enterprise.

What information is required to be disclosed regarding implementation of democracy at state enterprises in Vietnam? - image from internet

What are methods of disclosure of information regarding implementation of democracy at state enterprises in Vietnam?

Pursuant to Article 65 of the Law on Implementation of Grassroots-level Democracy in 2022 stipulating method and time of disclosure:

Method and time of disclosure

1. Information shall be disclosed in the following forms:

a) by public posting;

b) by the notification issued at the staff meeting; at the dialogue between the employer and the Executive Committee of Trade Union at the enterprise, the representation boards of other representation organizations (if any) of employees at the enterprise; at meetings between units and departments of the enterprise;

c) by the written notice sent to all of staff members;

dd) by the notice sent to employees through heads of units and departments of the enterprise playing their conduit roles;

dd) by the written notice sent to employees through the Executive Committee of Trade Union of the enterprise, representation boards of other employee representation organizations (if any) at the enterprise;

e) through the notice posted on the internal information system or on the web portal or website of the enterprise;

g) through telecommunication networks or social networks legally operated under laws, and with approval from the Executive Committee of Trade Union of the enterprise, representation boards of other employee representation organizations (if any) at the enterprise;

h) by other method of communication of information that is not in contravention of laws and is prescribed in regulations of implementation of democracy at the enterprise.

2. The information specified in Article 64 herein shall be disclosed within 15 working days of receipt of decisions or written documents of competent authorities relating to the information to be disclosed, unless otherwise prescribed in law.

As regulated above, regarding implementation of democracy at state enterprises in Vietnam, information shall be disclosed in the following forms:

- by public posting;

- by the notification issued at the staff meeting; at the dialogue between the employer and the Executive Committee of Trade Union at the enterprise, the representation boards of other representation organizations (if any) of employees at the enterprise; at meetings between units and departments of the enterprise;

- by the written notice sent to all of staff members;

- by the notice sent to employees through heads of units and departments of the enterprise playing their conduit roles;

- by the written notice sent to employees through the Executive Committee of Trade Union of the enterprise, representation boards of other employee representation organizations (if any) at the enterprise;

- through the notice posted on the internal information system or on the web portal or website of the enterprise;

- through telecommunication networks or social networks legally operated under laws, and with approval from the Executive Committee of Trade Union of the enterprise, representation boards of other employee representation organizations (if any) at the enterprise;

- by other method of communication of information that is not in contravention of laws and is prescribed in regulations of implementation of democracy at the enterprise.

What are regulations on the ambit of the practice of grassroots democracy in Vietnam?

Pursuant to Article 4 of the Law on Implementation of Grassroots-level Democracy in 2022 stipulating the ambit of the practice of grassroots democracy in Vietnam:

- All citizens shall exercise democracy in the communes, wards, townships, villages and neighborhood groups where they reside.

- Citizens who are public officials, staff members and employees shall exercise democracy in the agencies and units where they work. In case where an entity (parent entity) has its directly controlled unit (subsidiary), the implementation of democracy in the subsidiary shall be decided by the head of the parent entity.

- Citizens who are workers shall exercise democracy at the employing entity where they are employed under employment contracts.

In case an employing entity has its directly controlled unit (subsidiary), the implementation of democracy in this subsidiary shall comply with the provisions of the charter, internal rules and regulations of the employing entity and relevant laws.