Duties and powers of the primary Trade Unions in Vietnam

What are the regulations on the duties and powers of the primary Trade Unions in Vietnam? - Ngoc Chau (Binh Thuan, Vietnam)

Duties and powers of the primary Trade Unions in Vietnam (Internet image)

1. What is the primary trade unions?

According to Clause 2, Article 4 of the Law on Trade Union 2012, the primary trade unions mean primary organization of Trade Unions, which gathering members of Trade Unions in one or a number of agencies, organizations, enterprises and be recognized by Trade Unions at their directly higher level as prescribed by law and 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.

(Article 7 of the Law on Trade Union 2012)

2. Duties and powers of the primary Trade Unions in Vietnam

Article 15 of the Charter of the Vietnam Trade Union dated February 3, 2020 of the Vietnam General Confederation of Labor stipulates the duties and powers of primary Trade Unions in Vietnam as follows:

- Promote and mobilize union members and employees to implement the party's guidelines and guidelines; state policies and laws; citizen obligations; and trade union policies and resolutions.

- Represent, care for, and protect union members' and employees' legitimate rights and interests in accordance with state law.

- Monitor or participate in the monitoring of policies, laws, internal rules, regulations, collective labor agreements, and issues concerning the lawful and legitimate rights and interests of union members and employees.labor in accordance with the law.

- Work with employers to develop and implement grassroots democracy regulations.

+ Take care of material and spiritual life, improve professional qualifications and skills, improve working conditions, and take care of employees' health;

+ Organize emulation movements and cultural and social activities.

- Organize the implementation of trade union resolutions at all levels and adhere to the Vietnam Trade Union Charter;

+ organize union members' and officials' training and retraining;

+ Manage and use the trade union's finances and assets in accordance with regulations;

+ Carry out the work of developing and managing members;

+ Build a strong grassroots trade union;

+ Participate in building harmonious, stable, and progressive labor relations at the workplace;

+ Build agencies, units, and enterprises for sustainable development;

+ Participate in building a clean and strong party and people's government.

The General Confederation's Presidium shall outline in detail the duties and powers of each type of grassroots trade union.

3. Conditions for the establishment of primary Trade Unions in Vietnam

Pursuant to Clause 1 and Article 13 of the Charter of the Vietnam Trade Union and Section 11.1 of Instruction 03/HD-TLD dated February 20, 2020 of the Vietnam General Confederation of Labor, the conditions for the establishment of grass-roots trade unions are prescribed as follows:

The primary Trade Unions  is the Vietnam Trade Union's grassroots organization, which is established in one or more legally operating employers when there are at least five union members or five or more employees who voluntarily join the Vietnam Trade Union.

Primary Trade Unions  are established with employers, including:

- Businesses from all economic sectors (including subsidiaries within a group of companies; branches and representative offices of businesses with headquarters in other cities).

- Cooperatives employing employees according to the provisions of the labor law

- Public and non-public non-business units do independent accounting.

- State agencies; political organizations; socio-political organizations; socio-political-professional organizations; and socio-professional organizations

- Foreign agencies, organizations, and international organizations operating in Vietnamese territory and employing Vietnamese workers

- Other agencies and organizations employing employees in accordance with the labor law

- In case the employer is not eligible to establish a grassroots trade union, or according to the employees' desire to associate, it is possible to establish a joint grassroots trade union in many employers.

Van Trong

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