Do grassroots trade unions have to establish a standing board in Vietnam?

Do grassroots trade unions have to establish a standing board in Vietnam?

At Point e, Clause 7, Article 11 of the Vietnam Trade Union Charter issued together with Decision 174/QD-TLD 2020 stipulates the tasks and powers of executive committees of trade unions at all levels, accordingly:

7. Duties and authority of executive committees of trade unions at all levels

a. Represent and defend legitimate rights and interests of trade union members and workers under their corresponding delegated authority.

b. Implement the resolution of the congress of the trade union at the same level.

c. Implement guidelines, resolutions and regulations of the Communist Party of Vietnam and the superior trade union.

d. Direct, inspect and provide guidance on activities of inferior trade unions.

dd. Make decisions on establishment, merger, split-up, split-off, amalgamation, dissolution, move-up or move-down of the inferior trade union, or recognition of the executive committee of the inferior trade union.

e. Elect the Presidium (for the executive committee of VGCL), the standing board (for the executive committee composed of at least 09 members); elect persons holding the titles to the executive committee, the supervision committee and the title of chief of the supervision committee of the trade union at the same level.

g. Provide trade union officials with training courses and enable them to perform their duties; guide, help and protect trade union officials when their legal and legitimate rights and interests are infringed; The executive committee of the superior trade union shall represent, support and assist the executive committee of the grassroots trade union in conducting collective bargaining sessions and exercising the rights to organize and lead strikes in accordance with law.

h. Conduct question and answer sessions involving trade union officials and members at the executive committee’s meetings.

i. Periodically report on organization and operation of the trade union at the same level to the Party committee at the same level (if any), to the superior trade union, and inform them to the inferior trade union.

k. Conduct financial, property and economic activity management in accordance with the State regulations.

Thus, according to the information you provided, the executive committees of trade unions at all levels will have to establish a standing board when the executive committee of trade union has 9 or more members in Vietnam.

Do grassroots trade unions have to establish a standing board in Vietnam? (Image from the Internet)

Can sole proprietorship owners in non-state enterprises be admitted to the Trade Union in Vietnam?

According to Section 3.2, Section 3, Instruction 03/HD-TLD 2020 has the following regulations:

3.2. Subjects not admitted to the Vietnam Trade Union

a. Foreigners working in Vietnam;

b. Employees doing management work in non-state-owned enterprises, including: Sole proprietorships, partners, chairman of the board of members, member of the board of members, company president , chairman of the board of directors, board members, director or general director and individuals holding other management positions have the authority to sign transactions on behalf of the company in accordance with the provisions of the company charter;

c. Principal, director; Vice principals and deputy principals are authorized to manage units or sign labor contracts in public service units outside the state sector.

d. Members in agricultural cooperatives;

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

With this regulation in Vietnam, sole proprietorship owners in non-state enterprises will not be admitted to the Trade Union.

What are founding conditions and forms of organization of grassroots trade unions in Vietnam? 

Pursuant to Article 13 of the Charter of the Vietnam Trade Union issued with Decision 174/QD-TLD 2020 stipulating founding conditions and forms of organization of grassroots trade unions, accordingly:

1. A grassroots trade union is the grassroots-level body of the TUVN which is established at one or several lawful employing entities when there are at least 05 trade union members or 05 workers who voluntarily apply for admission to TUVN.

2. A grassroots occupational organization is an association of legal self-employed workers in the same trade, industry or profession, by the geographical areas or employers, which is established when there are at least 05 trade union members or 05 workers who voluntarily apply for admission to TUVN.

3. Forms of organization of grassroots trade unions and occupational organizations

a. Grassroots trade unions, grassroots occupational organizations without trade union groups, occupational organization groups, trade union subdivisions, occupational organization subdivisions, and grassroots trade union affiliates.

b. Grassroots trade unions, grassroots occupational organizations with trade union groups and occupational organization groups.

c. Grassroots trade unions, grassroots occupational organizations with trade union subdivisions, occupational organization subdivisions.

d. Grassroots trade unions with grassroots trade union affiliates.

4. The Presidium of Vietnam General Confederation of Labour shall elaborate on this Article.

Thus, to establish the grassroots trade union and the organizational form of the grassroots trade union is carried out according to the above regulations in Vietnam.

Best regards!