What is competence to take disciplinary action of the immediate superior trade union at the grassroots and grassroots trade unions in Vietnam?

What is competence to take disciplinary action of the immediate superior trade union at the grassroots and grassroots trade unions in Vietnam?

In Article 11 of the Regulation on disciplinary handling in trade union organizations promulgated together with Decision 5130/QD-TLD in 2022, stipulating competence to take disciplinary action of the immediate superior trade union at the grassroots as follows:

1. The executive committee of the immediate superior trade union at the grassroots level shall take disciplinary action against:

The executive committee of the grassroots trade union.

2. The standing committee of the immediate superior trade union shall take disciplinary action against:

a) The grassroots trade union president or vice president is not a member of the executive committee of the immediate superior trade union at the grassroots level;

b) The collective of the standing committee, the collective of the grassroots trade union inspection committee;

c) A member of the Executive Committee, a member of the standing committee, a member of the grassroots trade union inspection committee.

d) Former member of the executive committee, member of the standing committee, member of the trade union inspection committee; Former Presidents, Vice-Chairs of grassroots trade unions who are not members of the executive committee of their respective trade unions have changed jobs, quit or retired.

In Article 12 of the Regulation on disciplinary handling in trade union organizations promulgated together with Decision 5130/QD-TLD in 2022, stipulating competence to take disciplinary action of grassroots trade unions as follows:

1. The grassroots trade union executive committee shall take disciplinary action against:

Collective of executive committee, collective of standing committee of member's grassroots trade union, divisional trade union.

2. The grassroots trade union standing committee shall take disciplinary action against:

a) Officials of member grassroots trade unions, divisional trade unions, trade union groups, and trade union members.

b) Former member of the executive committee, standing committee member, member of the grassroots trade union inspection committee; Former cadres of grassroots trade union members, divisional unions, and trade union groups have changed jobs, quit or retired.

What are order and procedures for disciplinary handling of trade union members or cadres of grassroots trade union members, divisional trade unions, and trade union group officials who commit violations in Vietnam?

In Article 13 of the Regulation on disciplinary handling in trade union organizations promulgated together with Decision 5130/QD-TLD in 2022, stipulating order and procedures for disciplinary handling of trade union members or cadres of grassroots trade union members, divisional trade unions, and trade union group officials who commit violations as follows:

Step 1: Review guide

- Trade union groups, divisional trade unions or grassroots union members shall guide the writing of reviews.

- Violators write reviews and receive disciplinary forms.

Step 2: Organize a review and recommend disciplinary action

- The trade union group, divisional trade union or grassroots trade union members hold a review meeting, the violators present the review, a conference to give opinions and conclusions, conduct a vote on disciplinary proposals and report (enclosed with the report and dossier) to be sent to the grassroots trade union standing committee for consideration.

- The Inspection Committee helps the Standing Committee of the Communist Party of China to research, advise and propose (where there is no Inspection Committee, the executive committee member is in charge of inspecting and advising and proposing).

Step 3: Conduct disciplinary action and keep records

- The Standing Committee of the Communist Party of China meets to discuss and vote on discipline

- The competent person, on behalf of the grassroots trade union, signs and promulgates the disciplinary decision.

- Maintain discipline records at the CCCS office.

Step 4: Discipline

- Organize a meeting to announce the disciplinary decision at the trade union where the violator is located.

Violators, if they do not agree, have the right to complain according to regulations.

- Disciplinary decisions take effect after being announced and the discipline is removed after 1 year, counting from the date of publication of the disciplinary decision or the decision to settle a disciplinary complaint.

What are order and procedures for disciplining trade union collectives and trade union officials at all levels in Vietnam? 

In Article 14 of the Regulation on disciplinary handling in trade union organizations promulgated together with Decision 5130/QD-TLD in 2022, corrected by Clause 2 of Official Dispatch 105/UBKT in 2022 stipulating order and procedures for disciplining trade union collectives and trade union officials at all levels are as follows:

Step 1: Review guide

- The standing committee or the inspection committee of the trade union where the subject violates the instructions for writing a review.

- Violators write reviews and receive disciplinary forms.

Step 2: Organize a review and recommend disciplinary action

- The collective executive committee, the standing committee of the trade union where the violators meet to review, vote on disciplinary proposals and report to the immediate superior trade union for consideration.

- The Inspection Committee helps the Standing Committee of the Trade Union of the immediate lower level of the competent authority to study, advise and propose (where there is no inspection committee, the executive committee member shall perform the inspection task). advice and suggestions).

- The Standing Committee of the trade union of the immediate lower level of the level competent to discipline conducts review and summarizes the report (enclosed with the statement and dossier) to propose the competent authority to consider disciplinary action.

Step 3: Conduct disciplinary action and keep records

- The Inspection Committee helps the Trade Union Standing Committee at the competent level to study, advise and propose.

- Competent trade union meeting to discuss, consider and vote for discipline.

- The authorized person on behalf of the trade union to sign and issue the disciplinary decision.

- Keep disciplinary records at the trade union inspection committee where disciplinary action is taken

Step 4: Discipline

- Organize a meeting to announce the disciplinary decision at the trade union where the violator is located.

Violators, if they do not agree , have the right to complain according to regulations.

- Disciplinary decisions take effect after being announced and the discipline is removed after 1 year, counting from the date of publication of the disciplinary decision or the decision to settle a disciplinary complaint.

Best Regards!