Can foreign workers be admitted to Vietnam Trade Union?

Can foreign workers be admitted to Vietnam Trade Union?

Pursuant to Subsection 3.2, Section 3 of the Guideline 03/HD-TLD 2020 stipulating entities who are not admitted to Vietnam Trade Union as follows:

a. Foreigners working in Vietnam;

b. Employees working as managers in non-state-owned enterprises, including: Owners of private enterprises, general partners, presidents of the Members' Council, members of the Members' Council, company presidents , the chairman of the board of directors, members of the board of directors, the director or general director, and individuals holding other managerial positions have the authority to sign transactions on behalf of the company in accordance with the company's;

c. Principals, presidents; Vice-principals, deputy directors are authorized to manage the unit or sign labor contracts in non-business units outside the state sector.

d. Members in agricultural cooperatives;

D. Persons who are serving prison sentences according to court decisions;

Thus, according to the above regulations, foreign workers working in Vietnam are not eligible for admission to Vietnam Trade Union. Your friend Taylor who is a foreigner and is working in Vietnam, so she is not eligible to join the Vietnam Trade Union.

Do foreign workers in Vietnam have to remit trade-union fee?

Pursaunt to Article 5 of the Decree 191/2013/NĐ-CP stipulating the remittance level and basis of remitting trade-union fee as follows:

The remittance level shall be 2% of salary fund which are used as the basis for social insurance payment for employees. This salary fund shall be total salaries of employees under objects payable social insurance in accordance with law on social insurance.

Particularly for units of armed forces specified at Clause 1 Article 4 of this Decree, the salary fund means total salaries of national defense cadres, workers and public employees, employees working and enjoying salary in plants, enterprises, grassroots units of People's army; cadres, workers and public employees, employees working and enjoying salary in the science-technical, non-business and serving enterprises, agencies, units of People’s Public Security.

Pursuant to Article 2 of the Decree 143/2018/NĐ-CP stipulating subjects of application as follows:

1. Employees who are foreign nationals working in Vietnam shall be required to participate in the compulsory SI program if they obtain work permits, practicing certificates, practicing licenses issued in Vietnam, indefinite-term employment contracts or employment contracts valid for at least one year with employers in Vietnam.

2. Employees referred to in clause 1 of this Article shall be excluded from participation in the compulsory social insurance as provided herein if:

a) they are intra-company transferees as stipulated in clause 1 Article 3 of the Government’s Decree No. 11/2016/ND-CP dated February 3, 2016, providing details of the implementation of certain articles of the Labor Code regarding foreign employees working in Vietnam.

b) they reach retirement age under clause 1 Article 187 of the Labor Code.

3. Employers participating in the compulsory social insurance, including state agencies, public service provider units, political entities, socio-political bodies, socio-political and occupational, socio-occupational and other social organizations; foreign or international bodies or organizations operating within the territory of Vietnam; enterprises, cooperatives, single-person households, cooperative associations, other organizations, and persons who are licensed to do business as per laws, shall be required to participate in the compulsory social insurance if they hire and employ personnel to work under employment contracts.

4. Entities and persons related to the compulsory social insurance for employees who are foreign nationals shall be required to participate in this compulsory SI program.

Therefore, if foreign workers working in Vietnam are subject to compulsory social insurance, the employer is responsible for paying trade-union fee.

The trade-union fee is equal to 2% of the salary as the basis for paying social insurance premiums for employees.

Who can join the Vietnam Trade Union?

Pursuant to Subsection 3.1, Section 3 of the Guideline 03/HD-TLD 2020 stipulating entities who are admitted to Vietnam Trade Union as follows:

Vietnamese people working as salaried workers in employers' units operating legally in accordance with Vietnamese law, including:

a. Cadres, civil servants, public employees and employees working in non-business units; state administrative agencies, agencies of political organizations, socio-political organizations, socio-political-professional organizations, and socio-professional organizations. For commune, ward and township agencies, including those who receive salaries, set salary rates and allowances, are working in agencies of the People's Councils, People's Committees, political organizations, political organizations - commune society.

b. The salaried employees are working in units, enterprises and cooperatives.

c. Employees are working in representative offices of foreign organizations, international organizations, and non-governmental organizations in Vietnam.

d. Freelance and legal workers in the informal labor sector, if they wish, may join the Vietnam Trade Union and live in the form of grassroots trade unions.

D. Employees who are appointed by competent agencies as representatives to manage the State's capital, hold leadership and management positions in non-public non-business units, non-state enterprises, foreign investment sector.

Above are the subjects who can join the Vietnam Trade Union.

Best regards!