Rights and duties of trade union members in Vietnam

Rights and duties of trade union members in Vietnam (Internet image)

1. What are the rights of Trade Unions?

Clause 1, Article 4 of the Law on Trade Union 2012 stipulates the rights of Trade Unions as follows:

The rights of Trade Unions mean rights of establishing, participating in and operating Trade Union and Trade Union members; rights of Trade Union organizations as prescribed by law and provisions of competent authorities.

Article 5 of the Law on Trade Union 2012 stipulates the rights of establishing, participating in and operating Trade Union as follows:

- Laborers are Vietnamese persons working in agencies, organizations, enterprises shall have rights to establish, participate in and operate Trade Union.

- Order of, procedures for establishment, participation and operation of Trade Union shall comply with provisions in the charter of Vietnamese Trade Union.

2. Principle of Trade Union organization and operation in Vietnam

Article 6 of the Law on Trade Union 2012 stipulates the principle of Trade Union organization and operation as follows:

- The Trade Unions shall be established in the voluntary basis, organized and operated under the principle of democratic centralism.

- The Trade Unions shall be organized and operated under the Charter of Vietnamese Trade Union in accordance with lines, guidelines, policies of the Party and law of the State.

3. The organizational system of Trade Union in Vietnam

Article 7 of the Law on Trade Union 2012 stipulates the organizational system of Trade Union as follows:

The organizational system of Trade Union includes Vietnam General Confederation of Labour and Trade Unions at levels as prescribed by The charter of Vietnamese Trade Union.

The primary Trade Unions are constituted in state agencies, political organizations, socio-political organizations, profession-socio-political organization, profession-social organizations, units, enterprises, other organizations employing laborers as prescribed by law on labor, foreign agencies or organizations, international organizations operating in the Vietnamese temporary.

4. Rights of trade union members in Vietnam

Article 18 of the Law on Trade Union 2012 stipulates the rights of trade union members as follows:

- Requesting Trade Union to represent, protect legal and legitimate rights and interests upon being violated.

- Being informed, diccusing, proposing and voting affairs of Trade Union; being informed of lines, guidelines, policies of the Party and law of the State related to Trade Union, laborers; regulations of Trade Union.

- Self-nominating, nominating, and voting the agency of Trade Union leaders under regulations of the Charter of Vietnamese Trade Union, questioning leaders of Trade Union; proposing for handling Trade Union’s cadres having mistakes.

- Being consulted of law, free legal aiding on labor law and Trade Union law.

- Being guided, helped by Trade Union to find jobs, learn a trade; being cared, helped upon getting sick or meeting difficult situations.

- Participating in activities of culture, sport, travel organized by Trade Union.

- Suggesting Trade Union to recomment agencies, organizations and enterprises related to implementation of regimes, policies, laws for laborers.

5. Duties of trade union members in Vietnam

Pursuant to Article 19 of the Law on Trade Union 2012, the duties of trade union members are as follows:

- Complying and performing the Charter of Vietnamese Trade Union, resolutions of Trade Union; participating in activities of Trade Union, developing Trade Union organizations firmly and strongly.

- Studying and improving cultural and political level, professional and specialized skills; training quality of the working-class; living and working under Constitution and laws.

- Uniting, helping mates to improve professional level and skill, work effectively and protect legeal and legitimate rights and interests of laborers and Trade Union organizations.

Ngoc Nhi

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