From July 1, 2025, will foreign employees in Vietnam be allowed to join the Vietnam Trade Union?
From July 1, 2025, will foreign employees in Vietnam be allowed to join the Vietnam Trade Union?
Based on Article 5 of the Trade Union Law 2024 regulating the rights to establish, join, and participate in trade union activities:
Article 5. Rights to establish, join, and participate in trade union activities
- Vietnamese employees have the right to establish, join, and participate in trade union activities.
2. Employees who are foreign nationals working in Vietnam under a labor contract with a term of at least 12 months are allowed to join and participate in trade union activities at grassroots trade unions.
- The establishment, joining, and participation in trade union activities are conducted in accordance with the Charter of the Vietnam Trade Union, this Law, and other relevant legal provisions.
Based on Subsection 3.2, Section 3, Guidance 03/HD-TLD in 2020 guiding the subjects and conditions to join the Vietnam Trade Union according to Article 1 of the Vietnam Trade Union Charter:
3. Subjects and conditions to join the Vietnam Trade Union according to Article 1 of the Vietnam Trade Union Charter
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3.2. Subjects not admitted to the Vietnam Trade Union organization
a. Foreign employees working in Vietnam;
b. employees holding management positions in non-state enterprise areas, including: Private enterprise owners, general partners, chairpersons of the members' council, members of the members' council, company chairpersons, chairpersons of the board of directors, members of the board of directors, directors or general directors, and individuals holding other management positions authorized to act on behalf of the company to sign company transactions as stipulated in the company charter;
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According to the above regulation, compared to the previous regulation, the Trade Union Law 2024 has added provisions allowing foreign employees working in Vietnam under a labor contract with a term of at least 12 months to join and participate in trade union activities at grassroots trade unions.
From July 1, 2025, will foreign employees in Vietnam be allowed to join the Vietnam Trade Union? (Image from the Internet)
What are levels of the Vietnam Trade Union?
Based on Article 8 of the Trade Union Law 2024, the Vietnam Trade Union as a unified organization consists of the following 4 levels:
[1] The central level is the Vietnam General Confederation of Labor.
[2] Provincial, central sector, and equivalent trade unions include:
- Labor federations of provinces and central-affiliated cities
- Central sector trade unions
- Trade unions of economic groups, trade unions of corporations under the Vietnam General Confederation of Labor
[3] Directly superior grassroots trade union level includes:
- District, district-level town, provincial city, centrally run city labor federations
- Local sector trade unions
- Trade unions of economic groups, trade unions of corporations not under the Vietnam General Confederation of Labor
- Trade unions of industrial parks, export processing zones, economic zones, high-tech zones
- Other direct superior grassroots trade unions as stipulated by the Vietnam Trade Union Charter
[4] Grassroots trade union level includes:
- Grassroots trade unions
- Grassroots associations
What documents are required to join the Vietnam Trade Union?
Based on Article 6 of the Trade Union Law 2024 regulating the joining of the Vietnam Trade Union by labor organizations in enterprises:
Article 6. Joining the Vietnam Trade Union by labor organizations in enterprises
Labor organizations in enterprises established and operating legally that voluntarily agree with the Charter of the Vietnam Trade Union have the right to join the Vietnam Trade Union; joining the Vietnam Trade Union is regulated as follows:
- Documents for joining the Vietnam Trade Union include:
a) A written request to join the Vietnam Trade Union;
b) Copies of documents proving the legal status of the labor organization in the enterprise;
c) A document showing the labor organization in the enterprise’s decision to join the Vietnam Trade Union; the procedure for passing the decision to join the Vietnam Trade Union is implemented according to labor law provisions;
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Thus, the documents for joining the Vietnam Trade Union include the following papers:
- A written request to join the Vietnam Trade Union
- Copies of documents proving the legal status of the labor organization in the enterprise
- A document showing the labor organization in the enterprise’s decision to join the Vietnam Trade Union; the procedure for passing the decision to join the Vietnam Trade Union is implemented according to labor law provisions
- A list with signatures of members voluntarily joining the Vietnam Trade Union
- Documents, agreements as regulated by relevant laws concerning the settlement of rights and obligations of the labor organization in the enterprise and its members related to the labor organization in the enterprise
