Trade Union Law (amended) was passed by the National Assembly of the Socialist Republic of Vietnam, 13th tenure, third session on June 20, 2012, and was promulgated by the President on July 2, 2012. This law comes into force from January 1, 2013.
Article table of contents
The issuance of the Law on Trade Unions (amended) aims to overcome the limitations and inadequacies of the 1990 Trade Union Law, meeting the operational needs of trade union organizations in the period of accelerating industrialization, modernization of the country, and international economic integration. For example, the scope of adjustment of the current Trade Union Law is still narrow compared to the rapid development of enterprise types, the diversity of labor relations, and the requirement to effectively enforce trade union rights; the functions and tasks of trade unions are broad, extensive, and lack focus, which has had a certain impact on the quality and effectiveness of trade union activities in representing, protecting the legitimate and legal rights and interests of workers... The issuance of the amended Trade Union Law also promptly institutionalizes the Party's viewpoints, policies on perfecting and developing the socialist-oriented market economy, and implements Resolution No. 20-NQ/TW dated January 28, 2008, of the Central Committee of the Communist Party of Vietnam, 10th tenure regarding: "Continue to build the Vietnamese working class in the period of promoting industrialization, modernization of the country." On this basis, ensuring and promoting the particularly important role of trade unions in the new period, contributes to maintaining political and social stability of the country. The amended Trade Union Law is concurrently revised along with comprehensive amendments to the Labor Code to ensure consistency in laws relating to workers, labor, and trade unions. The amended Trade Union Law consists of 6 chapters and 33 articles, increasing by two chapters and 14 articles compared to the current Trade Union Law. The two new chapters added are: Chapter III "Responsibilities of the State, agencies, organizations, enterprises towards the trade union" and Chapter V "Settlement of disputes, handling violations of the law regarding the trade union". Another new point in the structure of the Law is that all articles of the amended Law have been titled and arranged, reflecting specific content according to clear, consistent criteria based on the functions, rights, and responsibilities of trade unions that have been specified by the Constitution, Trade Union Law.
In terms of content, in addition to retaining the basic contents of the current Trade Union Law, the amended Trade Union Law has supplemented some new provisions, mainly related to clarifying the responsibilities of state agencies, units, enterprises, guarantees for trade union activities, and mechanisms for resolving disputes, handling violations of trade union law.
First, in Chapter I - General Provisions, the amended Trade Union Law based on Article 10 of the 1992 Constitution, continues to affirm the legal status of trade unions in Vietnam's political system. To be specific, the trade union is a broad political-social organization of the working class and laborers, established on a voluntary basis, a member of Vietnam's societal political system under the leadership of the Communist Party of Vietnam; representing officials and public employees, workers, and other laborers, together with state agencies, economic organizations, and social organizations to care for and protect the legal and legitimate rights and interests of laborers; participating in state management, socio-economic management, participating in inspection, supervision of the operations of state agencies, organizations, units, enterprises; propagating, mobilizing laborers to study and improve their professional skills, comply with the law, build and defend the Socialist Republic of Vietnam.
Based on the inheritance of current regulations, the Law defines prohibited acts related to obstructing the establishment and operation of trade unions; discriminating against laborers, trade union officials, intervening in trade union organization and activities; simultaneously adding prohibited acts related to exploiting trade union rights to violate the law, infringe on the interests of the State, enterprises, individuals to ensure equality in the observance of trade union law among applicable subjects of the Law.
Chapter II stipulates the rights and responsibilities of trade unions and trade union members, one of the most important chapters of the Law, specifically defining the rights and responsibilities by each field of trade union activities based on the functions of trade unions defined by the Constitution and specified in Article 1 of the Law; at the same time codifying from the Trade Union Charter the rights and responsibilities of trade union members. It specifically stipulates the main rights, responsibilities of trade union members and trade unions in representing, caring for, protecting the legal and legitimate rights and interests of laborers; participating in state management, socio-economic management, participating in inspection, supervision of the operations of state agencies, organizations, enterprises; propagating, mobilizing laborers to comply with the law, build and defend the Homeland.
The amended Law affirms that the trade union is the only organization representing laborers; stipulates additional rights, responsibilities of trade unions and trade union members for developing membership, establishing grassroots trade unions. It stipulates increasing the responsibilities of superior trade union levels in accessing enterprises to propagate, mobilize, guide the establishment of grassroots trade unions, supporting to address current difficulties and limitations of grassroots trade unions.
Particularly important is the stipulation of the responsibilities of superior trade union levels in representing, protecting the interests of laborers in units and enterprises that have not established trade unions. This creates a solid legal framework for superior trade union levels to actively prepare the necessary conditions to gradually fulfill their responsibilities as stipulated by law.
Chapter III stipulates the responsibilities of the State, agencies, organizations, enterprises towards trade unions, a new chapter, has stipulations in principle to determine the cooperative, coordinated operational relationship between trade unions and the State, agencies, organizations, enterprises; more clearly defines the responsibilities of the State, state agencies, organizations, enterprises towards trade union activities. It specifies clearly the State's responsibility in the field of propagating and disseminating laws, inspecting and handling violations of trade union laws; the responsibilities of agencies, organizations, enterprises in cooperating, creating conditions, ensuring the operational conditions of grassroots trade unions, trade union officials, especially obligated to pay union dues as stipulated by this Law.
Chapter IV stipulates guarantees for trade union activities, focusing on supplementing and amending six major contents: Firstly, establishing in principle the organizational and quantitative guarantees for officials to perform the functions, rights, and responsibilities of trade unions. Secondly, supplementing and expanding the minimum time provision for trade union activities for non-specialized trade union officials at the grassroots. Thirdly, supplementing provisions on the benefits of non-specialized trade union officials, whose salaries are paid by agencies, organizations, enterprises, enjoying trade union activity allowances, and this allowance is implemented according to specific regulations of the Vietnam General Confederation of Labor. Fourthly, supplementing the protection provisions for trade union officials regarding employment. Fifthly, guaranteeing trade union finance. Sixthly, guaranteeing the management principle of trade union finance, both according to the law and ensuring the independence of trade unions, the Law clearly defines expenditure contents and stipulates that trade unions manage, use, and inspect trade union finance as per the law and regulations of the Vietnam General Confederation of Labor. Competent state agencies supervise, inspect, audit the management, use of trade union finance.
Chapter V stipulates the resolution of disputes, handling violations of trade union law, with two new contents related to defining principles for resolving disputes on trade union rights, handling violations of trade union law, and the responsibility of the Government of Vietnam in executing state management functions by promulgating legal documents specifying administrative sanctions for violations of trade union law.
Source: Nhandan.com.vn
