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According to Clause 1 Article 5 of the Law on Trade Union 2012 of Vietnam on rights of establishing, participating in and operating Trade Union: “Laborers are Vietnamese persons working in agencies, organizations, enterprises shall have rights to establish, participate in and operate Trade Union.”
Besides, according to Guidance No. 03/HD-TLĐ in 2020 on the implementation of the Charter of Vietnam Trade Union issued by the Vietnam General Confederation of Labor, subjects who do not enroll in Vietnam Trade Unions include:
- Foreigners working in Vietnam;
- Executive of an enterprise out of State sectors, including: the owner of a sole proprietorship, a general partner of a partnership, chairperson or member of the Member/Partner Assembly, President of a company, President or member of the Board of Directors, Director/General Director, or holder of another managerial position having the authority to sign transactions on behalf of the company prescribed in the company’s charter.
- Principals, presidents; vice principals and vice presidents authorized to manage the unit or sign labor contracts in non-business units out of State sectors.
- Members in agricultural cooperatives;
- Persons who are serving prison sentences according to court decisions.
Thus, foreigners working in Vietnam will not be able to join the union. However, the Law on Trade Union of Vietnam encourages foreign workers to join the gathering forms of Vietnamese Trade Unions as follows:
Foreigners working legally in Vietnam shall establish clubs to organize social, charity and mass activities, supported by Vietnam Trade Union to participate in cultural, artistic and sports activities, charity programs, and emulation movements launched by the trade union; encouraged, visited and supported when facing difficulties or problems or at the request of international trade unions having cooperative relations with Vietnam Trade Union.
Le Hai
