What forms of discipline are there for trade union members in Vietnam?
Please ask: What forms of discipline are there for trade union members in Vietnam? Please advise.
What forms of discipline are there for trade union members in Vietnam?
Pursuant to Article 4 of the Regulations on disciplinary actions in trade union organizations issued together with Decision 5130/QD-TLD in 2022 stipulating disciplinary forms:
Forms of discipline
1. For collective executive committees, standing committees, trade union inspection committees at all levels and organizations in the trade union system: Reprimand, warning, and dissolution.
2. For trade union members: Reprimand, warning, expulsion.
3. For union officials: Reprimand, warning, dismissal (union positions), expulsion.
Pursuant to Article 25 of the Regulations on disciplinary action in trade union organizations issued together with Decision 5130/QD-TLD in 2022 stipulating the content of violations and forms of disciplinary action for union members:
Contents of violations and disciplinary measures for union members
1. Union members who violate one of the following cases will be disciplined in the form of reprimand:
a) Failure to comply and not implement the Charter of the Vietnam Trade Union, resolutions, decisions, regulations, plans, work programs... of trade unions at all levels causes less serious consequences.
b) Failure to attend 50% or more of trade union meetings in a year.
c) Failure to pay union dues for 6 consecutive months without a valid reason.
...
Thus, for trade union members who commit violations in Vietnam, they will be handled in the following 03 forms:
(1) Reprimand in the following cases:
- Failure to comply and not implement the Charter of the Vietnam Trade Union, resolutions, decisions, regulations, plans, work programs... of trade unions at all levels causes less serious consequences.
- Failure to attend 50% or more of union meetings in a year.
- Failure to pay union dues for 6 consecutive months without a valid reason.
(2) Warning in the following cases:
- Having been disciplined in the form of a reprimand for repeat violations or for the first violation causing serious consequences.
- Failure to attend 70% or more of union meetings in a year.
- Failure to pay union dues for 9 consecutive months without a valid reason.
(3) Declaration in the following cases:
- Having been disciplined in the form of a reprimand but re-offending or committing the first violation causing very serious consequences.
- Failure to attend 90% or more of union meetings in a year.
- Failure to pay union dues for 12 consecutive months without a valid reason.
What forms of discipline are there for trade union members in Vietnam? (Image from the Internet)
What is maximum time limit for disciplining trade union members in Vietnam?
Pursuant to Article 7 of the Regulations on disciplinary action in trade union organizations promulgated together with Decision 5130/QD-TLD in 2022, the statute of limitations and time limit for disciplinary action are specifically as follows:
Statute of limitations and time limit for disciplinary action
1. The statute of limitations for disciplinary action by the union applies according to the provisions of current law.
2. The time limit for disciplinary action shall not exceed 90 days; In cases where the case has complicated circumstances that require time for inspection to verify further clarification, the disciplinary time limit may be extended but must not exceed 150 days.
3. Not included in the disciplinary time limit for the cases specified in Article 6 of this Regulation; time of investigation, prosecution, trial (if any); Time to make a complaint or initiate a lawsuit in court regarding the disciplinary decision.
4. In cases under the disciplinary authority of the Executive Committee of the General Confederation, if the above time limit has passed, the consideration of disciplinary action will be conducted at the nearest meeting of the Executive Committee of the General Confederation.
5. After 12 months from the date of the disciplinary decision or decision to resolve the disciplinary complaint, if the officer or union member does not re-offend or has no new violation that requires disciplinary action, the disciplinary decision will be made. The law automatically ceases to take effect.
Thus, according to the above regulations in Vietnam, the time limit for disciplining trade union members is no more than 90 days.
In cases where the case has complicated circumstances that require time for inspection to verify further clarification, the disciplinary time limit may be extended but must not exceed 150 days in Vietnam.
Who has authority to discipline trade union members in Vietnam?
Pursuant to Article 12 of the Regulations on disciplinary action in trade union organizations issued together with Decision 5130/QD-TLD in 2022, stipulating the disciplinary authority of grassroots trade unions is as follows:
Disciplinary authority of the grassroots trade union
1. The grassroots trade union executive committee takes disciplinary action against:
Collective executive committee, collective standing committee of member grassroots trade unions, and departmental trade unions.
2. The grassroots trade union standing committee takes disciplinary action against:
a) Grassroots trade union members, section trade unions, trade union groups, trade union members.
b) Former member of the executive committee, member of the standing committee, member of the inspection committee of the grassroots trade union; Former members of the grassroots trade union, section union, and trade union group have transferred jobs, resigned or retired.
Thus, the person with the authority to discipline trade union members according to the provisions of law is the grassroots trade union standing committee in Vietnam.
Best regards!
