Conditions and Procedures for the Establishment of Grassroots Trade Unions

The Union Law 2012 stipulates that unions are established on a voluntary basis, hence businesses are not required to form unions.

However, the Labor Code stipulates that unions participate in, negotiate, sign, and supervise the implementation of collective labor agreements, wage scales, salary tables, labor norms, wage payment regulations, bonus regulations, labor rules, democratic regulations at enterprises, agencies, and organizations; participate in and support the resolution of labor disputes; dialogue and cooperate with employers to build harmonious, stable, and progressive labor relations at enterprises, agencies, and organizations. Therefore, establishing a union is advisable in a business.

To establish a union, an enterprise must meet the following conditions:

- Have at least five union members or five employees who voluntarily apply to join the Vietnam Union.- Have legal person status.

Procedure for establishment

Organize a preparatory committee for establishing a grassroots union:

Employees have the right to request the nearest immediate upper-level union to guide, assist, and support the establishment of a grassroots union at the agency, organization, or enterprise.

When there are three or more employees working at the agency, organization, or enterprise voluntarily applying to join the Vietnam Union, employees can self-organize and elect a head of the preparatory committee to mobilize the establishment of the grassroots union. In the case where there is one union member, this union member has the right to gather employees and act as the head of the preparatory committee; if there are more union members (less than 5), a head will be elected from among these union members.

The preparatory committee for establishing a grassroots union will cease its duties after the election of the executive committee of the grassroots union.

Conference to establish a grassroots union:

The preparatory committee for establishing a grassroots union proposes the immediate upper-level union to guide the organization of the conference to establish a grassroots union.

The content of the conference to establish a grassroots union includes:

- Report on the process of mobilizing employees to join the union and establishing the grassroots union.- Report on the list of employees who voluntarily applied to join the union.- Declare the establishment of the grassroots union.- Elect the executive committee of the grassroots union.- Approve the activity program of the grassroots union.

The election of the executive committee of the union at the conference to establish a grassroots union is conducted by secret ballot. The elected members must obtain more than half (1/2) of the total votes collected. The ballots at the conference to establish the grassroots union must have the signature of the head of the preparatory committee at the top left corner.

Documents required for recognition of members, the grassroots union, and the executive committee include:

- A document requesting the recognition of union members, the grassroots union, and the executive committee.- A list of union members, attached with their applications to join the Vietnam Union.- Minutes of the conference establishing the grassroots union.- Minutes of the vote counting for the executive committee of the grassroots union (with a brief biography attached).

The conference to establish the grassroots union is responsible for announcing the list of employees applying to join the union; declaring the establishment of the grassroots union; and electing the executive committee.

Within 15 days from the end of the conference to establish the grassroots union, the executive committee of the grassroots union is responsible for preparing the documents to request the immediate upper-level union to issue a decision recognizing the members and the grassroots union.

Within 12 months from the decision of recognition by the upper-level union, the executive committee of the grassroots union elected by the establishment conference must organize the first congress.

The activities of the grassroots union and its executive committee are only legitimate once recognized by the immediate upper-level union.

Legal grounds:

- Union Law 2012;- Union Charter 2013;- Guidance 238/HD-TLD 2014.

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