When I went to work, I was encouraged to join a trade union. So I would like to know if employees are required to join a trade union in Vietnam. Hoang Quyen (Gia Lai, Vietnam)
Article table of contents
What is a union? Are employees required to join trade union in Vietnam? (Internet image)
1. What is trade union?
Article 1 of the Law on Trade Union 2012 stipulates trade union as follows:
- Trade Union means a great socio-political organization of the working-class and laborers. Trade Unions are founded on the voluntary basis and are a component part of the political system of the Vietnamese society, placed under the leadership of the Communist Party of Vietnam.
- Trade Unions are representatives of cadres and civil servants, public employees, workers and other laborers (hereinafter referred to as laborers), together with state agencies, economical organizations, social organizations shall care and protect for laborers’ legitimate and legal rights and interests.
- Trade Unions join in state management, eco-social management, inspection; examination, supervision of activities of state agencies, organizations, units, enterprises;
- Trade Unions join in mobilization, propagation for laborers to study, improve knowledge, professional skill, observe law, build and defend the socialist fatherland of Vietnam.
2. Are employees required to join trade union in Vietnam?
Clause 1, Article 170 of the Labor Code 2019 stipulates: Every employee has the right to establish, join and participate in activities of trade union in accordance with the Trade Union Law.
Clause 1, Article 5 of the Law on Trade Unions 2012 stipulates: Laborers are Vietnamese persons working in agencies, organizations, enterprises shall have rights to establish, participate in and operate Trade Union.
Based on the above provisions, joining trade union is the right of employees, so it is not compulsory for employees to join trade union.
3. Rights and duties of trade union members in Vietnam
3.1. Rights of trade union members
Rights of trade union members include
- 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.
(Article 18 of the Law on Trade Unions 2012)
3.2. Duties of trade union members
Duties of trade union members in Vietnam
- 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.
(Article 19 of the Law on Trade Unions 2012)
4. The organizational system of Trade Union in Vietnam
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.
(Article 7 of the Law on Trade Unions 2012)
Diem My
