What are eligible conditions for membership of the Trade Union of Vietnam?

What are eligible conditions for membership of the Trade Union of Vietnam?

Pursuant to Article 1 of the Regulations of Trade Unions of Vietnam issued together with the Decision 174/QD-TLD in 2020 stipulating eligible applicants and eligible conditions for membership of the Trade Union of Vietnam:

Eligible applicants and eligible conditions for membership of the Trade Union of Vietnam

1. Applicants may be eligible for admission to the Trade Union of Vietnam if they are Vietnamese people working as salaried workers for employing entities lawfully operating in the Vietnamese territory, and lawful Vietnamese freelancers, regardless of their occupation, gender, or belief, who agree to Regulations of Trade Union of Vietnam, voluntarily live in a grassroots establishment of the trade union, and pay required union dues.

2. Vietnamese working abroad under contracts, and foreigners working legally in Vietnam are encouraged to participate in various forms of association organized by the Trade Union of Vietnam.

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

As above regulations, eligible conditions for membership of the Trade Union of Vietnam are:

- They are Vietnamese people;

- They are working as salaried workers for employing entities lawfully operating in the Vietnamese territory;

- They are lawful Vietnamese freelancers, regardless of their occupation, gender, or belief;

- They agree to Regulations of Trade Union of Vietnam;

- They voluntarily live in a grassroots establishment of the trade union, and pay required union dues.

What are eligible conditions for membership of the Trade Union of Vietnam? - image from internet

When are employees not required to pay Trade Union fee in Vietnam?

Pursuant to Article 26 of the Law on Trade Union in 2012 stipulating finance of Trade Union:

Finance of Trade Union

Finance of Trade Union includes the following revenues:

1. Trade Union fee is paid by trade union members as prescribed in the Charter of Vietnamese Trade Union;

2. Trade Union funds are paid by agencies, organizations and enterprises in 2% salary funds based to pay social insurance for laborers;

3. State budget allowances for assistance;

4. Other revenues from activities of culture, sport, ecomomy of Trade Union; from projects, plans assigned by the State; from aid, funding of domestic and foreign organizations, individuals.

Pursuant to Clause 6 Articel 23 of the Regulations on management of the trade union budget and the trade union’s assets, collection and distribution of revenues, rewards and penalties related to trade union revenues and expenditures issued together with the Decision 1908/QD-TLD in 2016 stipulating subjects, rate of payment and salary used as the basis for payment of the trade union fee:

Subjects, rate of payment and salary used as the basis for payment of the trade union fee

...

6. Trade unionists receive the social insurance benefits within one month or more are not required to pay the trade union fee during the period of receiving benefits. Trade unionists are unemployed, do not have income or on personal leave within one month or more without salary are not required to pay the trade union fee during these period.

As regulations above, employees in Vietnam are not required to pay Trade Union fee in follwoing case:

- Employees who do not participate in the trade union.

- Trade unionists receive the social insurance benefits within one month or more are not required to pay the trade union fee during the period of receiving benefits.

- Trade unionists are unemployed, do not have income.

- Trade unionists on personal leave within one month or more without salary are not required to pay the trade union fee during these period.

What are procedures for accession to Trade Unions of Vietnam?

Pursuant to Article 3 of the Regulations of Trade Unions of Vietnam issued together with the Decision 174/QD-TLD in 2020 stipulating procedures for accession to Trade Unions of Vietnam, Trade Unions of Vietnam membership cards and trade union referrals:

Procedures for accession to Trade Unions of Vietnam, Trade Unions of Vietnam membership cards and trade union referrals

1. Procedures for accession to Trade Unions of Vietnam

a. The workers or employees wishing to become Trade Unions of Vietnam’s members shall be required to apply for accession to Trade Unions of Vietnam on a voluntary basis.

b. The receiving grassroots trade unions, occupational organizations shall consider issuing the decision on recognition or admission as a member of the trade union.

c. When working for employing entities without trade unions, workers or employees may submit their application for accession to Trade Unions of Vietnam via the committee on promotion of establishment of grassroots trade unions pursuant to Article 14 herein, or to the superior trade union for its review before approval of their accession to Trade Unions of Vietnam.

d. For trade union members who have left, if any of them wishes to be re-admitted to Trade Unions of Vietnam, he/she shall be required to re-apply for admission and his/her re-admission shall be considered by the superior trade union.

...

As above regulations, procedures for accession to Trade Unions of Vietnam are:

Step 1: Employees apply for accession to Trade Unions of Vietnam

The workers or employees wishing to become Trade Unions of Vietnam’s members shall be required to apply for accession to Trade Unions of Vietnam on a voluntary basis.

The application must have the signature of the person writing the letter. In the case of a collective application from a group of employees, it must have the signatures of each individual employee.

Step 2: The receiving grassroots trade unions, occupational organizations shall consider issuing the decision on recognition or admission as a member of the trade union.

(1) In places where there is an established grassroots trade union:

The executive committee of the grassroots trade union receives, reviews, decides on the admission, and organizes the induction ceremony for union members.

(2) In places where there is no established grassroots trade union:

Employees submit an application to join the trade union to the nearest higher-level trade union or the organizing committee for establishing a grassroots trade union (if available).

- If the application is submitted directly to the higher-level trade union:

+ The higher-level trade union must review and decide on the admission or non-admission of the union member.

+ Provide information on the place of activities for the newly admitted union member.

- If the application is submitted to the organizing committee:

+ Within 15 days from the date of submission, if the workplace of the worker does not meet the conditions for establishing a grassroots trade union, the worker has the right to forward the application to the higher-level trade union for review and decision on the admission of the union member.

+ The worker will be introduced to the activities at the nearest grassroots trade union to their workplace until a grassroots trade union is established at their workplace.

- In the case of establishing a grassroots trade union:

+ The organizing committee will establish the grassroots trade union.

+ Request recognition from the higher-level trade union.

Step 3: Organize the induction ceremony for union members.

Best regards!