Can a member be expelled from the Union for not paying union dues in Vietnam?
Can a member be expelled from the Union for not paying union dues in Vietnam?
Pursuant to Article 25 of the Regulations on Disciplinary Action within the Union Organization issued with Decision 5130/QD-TLD of 2022 stipulating violations and disciplinary actions against union members:
Article 25. Violations and disciplinary actions against union members
- A union member who violates any of the following cases shall be disciplined with a form of reprimand:
a) Failure to comply with and implement the Charter of the Vietnam General Confederation of Labor, resolutions, decisions, regulations, plans, work programs... of unions at all levels causing minor consequences.
b) Failure to attend 50% or more of the union meetings in a year.
c) Failure to pay union dues for 6 consecutive months without a valid reason.
- A union member who violates any of the following cases shall be disciplined with a warning:
a) Has been disciplined according to the provisions at point a, clause 1 of this Article and repeats the offense or commits a first-time violation causing serious consequences.
b) Failure to attend 70% or more of the union meetings in a year.
c) Failure to pay union dues for 9 consecutive months without a valid reason.
- A union member who violates any of the following cases shall be disciplined with expulsion:
a) Has been disciplined according to the provisions at point a, clause 2 of this Article and repeats the offense or commits a first-time violation causing very serious consequences.
b) Failure to attend 90% or more of the union meetings in a year.
c) Failure to pay union dues for 12 consecutive months without a valid reason.
According to the above regulations, a union member who does not pay union dues for 12 consecutive months without a valid reason shall be disciplined with expulsion.
Can a member be expelled from the Union for not paying union dues in Vietnam? (Image from the Internet)
Are trade union members in Vietnam entitled to request the Union to represent and protect their legitimate rights and interests when their rights are violated?
Pursuant to Article 21 of the Labor Union Law 2024 stipulating the rights of union members:
Article 21. Rights of union members
- Request the Union to represent and protect their lawful and legitimate rights and interests when violated.
- Receive information, discuss, propose and vote on the Union's work.
- Be informed and educated about the guidelines and policies of the Communist Party, the policies and laws of the State related to unions, workers, and the regulations of the Union.
- Run for election, nominate, and vote for leadership bodies of the Union according to the provisions of this Law and the Charter of the Vietnam General Confederation of Labor.
- Question union leaders at all levels, propose disciplinary measures against union officials who violate the Charter of the Vietnam General Confederation of Labor.
- Receive free legal support from the Union regarding labor union laws, labor, employment, social insurance, unemployment insurance, health insurance, safety, labor hygiene, officials, and public employees.
- Obtain advice, guidance, and support from the Union for job seeking, vocational training, improving professional skills, and career skills; receive visits and assistance in cases of illness, maternity, hardships, accidents, and enjoy other welfare activities conducted by the Union.
[...]
Union members have the right to request the Union to represent and protect their lawful and legitimate rights and interests when violated.
What is the State's responsibility towards the Union in Vietnam?
Pursuant to Article 23 of the Labor Union Law 2024 stipulating the State’s responsibilities towards the Union:
- Ensure, support, coordinate, and create conditions for the Union to perform its functions, duties, rights, and responsibilities as prescribed by law.
- Propagate, disseminate, and educate laws related to unions, labor, and other relevant laws concerning the rights and obligations of workers.
- Inspect, supervise, and handle violations of union laws, labor laws, and other laws directly related to the lawful and legitimate rights and interests of workers; in cooperation with the Union, care for and ensure the lawful and legitimate rights and interests of workers.
- Consult with the Union when formulating policies and laws directly related to unions and the rights and obligations of workers.
- Coordinate and create conditions for the Union to participate in state management, socio-economic management, representation, and protection of the lawful and legitimate rights and interests of workers; have policies prioritizing the recruitment of professional union officials growing from grassroots levels, workers flourishing in the workers' movement and union activities.
- Promptly handle the Union's recommendations related to caring for, protecting the lawful and legitimate rights and interests of workers and union activities.
- The Government of Vietnam, Ministries, ministerial-level agencies, and local governments are responsible for providing necessary information and documents for the Union to participate in opinions and provide social counterarguments in creating policies, laws, plans, programs, projects, and proposals of state agencies directly related to unions, the rights and benefits of union members, and workers.
