Instructions for businesses to pay Trade Union fees via Vietnam Trade Union accounts

Instructions for businesses to pay Trade Union fees via Vietnam Trade Union accounts (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Instruct enterprises to pay Trade Union fees via Vietnam Trade Union account

On September 7, 2023, the Vietnam General Confederation of Labor issued Official Dispatch 7418/TLD-TC in 2023 to guide businesses to pay union fees via Vietnam Trade Union accounts.

In recent times, many businesses paying trade union fees through Vietnam Trade Union accounts opened at Vietinbank and Agribank have not followed the instructions of the General Confederation, specifically making some errors as follows. :

- The enterprise pays the deposit, but when establishing the UNC, the account name to receive money is not correct;

- Money transfer content is unclear;

- Incorrect syntax for money transfer (missing or incorrect tax code of the paying unit, missing or incorrect name of the paying unit) or the enterprise pays the deposit fee when the Communist Party of Vietnam and the superior trade union have not registered the information of trade union levels at the bank...

Therefore, the number of enterprise collective agreements submitted to the Vietnam Trade Union account is not automatically allocated to trade union levels according to regulations.

100% of the 2% of collective contributions that enterprises have paid remain on the account of the Vietnam Trade Union (not yet distributed to all levels), or 75% remain on the account of the Vietnam Trade Union (allocated to 3 higher levels but not yet allocated to the Communist Party).

Therefore, in order for the trade unions at all levels to receive the collective contribution according to the prescribed ratio, based on the request of the unit, the Finance Committee of the General Confederation had to coordinate with Vietinbank and Agribank to carry out manual allocation, affecting the timeliness of operating funds for trade unions at all levels.

To ensure the timeliness of funding sources for all levels of activities, especially those of the Communist Party of Vietnam, it is recommended that the Provincial and City Labor Confederations;

Central Industry Trade Unions and equivalent, Corporation Trade Unions belonging to the General Confederation shall continue to coordinate with Vietinbank, Agribank, and BIDV branches to organize and guide lower-level units to implement and guide businesses to declare information on payment of joint bonds according to:

- Instruction 1305/HD-TLD dated August 15, 2017 of the Vietnam General Confederation of Labor on Guidance on collecting common allowances in the production and business sector through Vietnam Trade Union accounts opened at Vietnam Joint Stock Commercial Bank for Industry and Trade.

- Instruction 09/HD-TLD dated September 10, 2020 of the Vietnam General Confederation of Labor on Guidance on collecting common allowances in the production and business sector through Vietnam Trade Union accounts opened at the Vietnam Bank for Agriculture and Rural Development

- Instruction 85/HD-TLD dated April 18, 2023, of the Vietnam General Confederation of Labor on Instructions for collecting common allowances in the production and business sector through Vietnam Trade Union accounts opened at the Joint Stock Commercial Bank for Investment and Development of Vietnam.

2. Who are subjects of remitting trade-union fee in 2023 in Vietnam?

According to the provisions of Article 4 of Decree 191/2013/ND-CP, the regulations on subjects of remitting trade-union fee are as follows:

Subjects of remitting trade-union fee as prescribed at Clause 2 Article 26 of the Law on trade union 2012 include agencies, organizations and enterprises, regardless of whether such agencies, organizations and enterprises has been had grassroots trade-union organizations or not, comprising of:

- State agencies (including People’s Committees of communes, wards and townships), units of People’s armed forces.

- Political organizations, socio-political organizations, professional- socio-political organizations, social organizations, professional- social organizations.

- Public non-business units and non-public units.

- Enterprises of all economic sectors which are established and operate in accordance with Law on enterprises and Law in investment.

- Cooperatives and cooperative unions which are established and operate in accordance with Law on cooperatives.

- The foreign agencies and organizations, international organizations operating on Vietnam’s territory, related to organization and operation of trade union, executive offices of foreign parties in business cooperation contracts in Vietnam employing Vietnamese laborers.

- Other organizations employing laborers in accordance with law on labor.

Nguyen Ngoc Que Anh

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