Forms of discipline in trade unions in Vietnam

Forms of discipline in trade unions in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Forms of discipline in trade unions in Vietnam

According to Article 4 of the Regulations issued together with Decision 5130/QD-TLD dated August 12, 2022, stipulating disciplinary forms in trade unions include:

- For collective executive committees, standing committees, and trade union inspection committees at all levels and organizations in the trade union system: Reprimand, warning, and dissolution.

- For trade union members: Reprimand, warning, and expulsion.

- For union officials: Reprimand, warning, dismissal (union positions), expulsion.

2. Extenuating and aggravating circumstances in the level of discipline in the trade union organization in Vietnam

Specifically, Article 5 of the Regulations issued together with Decision 5130/QD-TLD dated August 12, 2022 stipulates mitigating and aggravating circumstances in trade union organizations as follows:

- Violations with one or more of the following circumstances will be considered for reduced disciplinary levels:

+ Proactively reporting your violations to the organization; voluntarily admitting your shortcomings and violations before they are discovered.

+ Proactively reporting, providing information, and fully and truthfully reflecting on the violations committed and the violators.

+ Proactively stopping violations and actively participating in preventing consequences caused by violations; volunteering to compensate for damages and overcome the consequences caused by them.

+ Violation is due to objective reasons or to force.

+ There are exceptionally difficult circumstances.

+ Having made outstanding achievements in the labor movement and trade union activities and has been rewarded.

- Violations with one or more of the following circumstances must be considered for increased disciplinary action:

+ Having been educated and reminded by a competent organization or individual without correction.

+ Not self-consciously reviewing and admitting one's own shortcomings and violations but also being devious and hiding them.

+ Covering for fellow violators; repressing and retaliating against those who fight, denounce violations, or provide evidence of violations.

+ Providing false information and reports; preventing others from providing evidence of violations; destroying evidence; creating documents; creating fake evidence.

+ Coping with, hindering, or causing difficulties or obstacles to the process of inspection, supervision, verification, and collection of evidence of violations.

+ Violations due to taking advantage of emergency situations, natural disasters, or implementing social policies.

+ Violations that cause material damage must be compensated for, but no compensation or remedial action is given.

+ Repeated, systematic, and reciprocist violations; was disciplined many times.

+ Organized violations; is the organizer, mastermind, and initiator of the violation.

+ Coercing, mobilizing, or organizing others to commit the same violation.

+ Forcing or creating conditions for others to create fake documents, records, or evidence; concealing or destroying evidence, records, or documents

3. Cases that have not been considered, disciplined, or have not been disciplined in the trade union organization in Vietnam

Pursuant to Article 6 of the Regulations issued together with Decision 5130/QD-TLD dated August 12, 2022, stipulating cases of not yet being considered disciplinary action and not taking disciplinary action in trade unions are as follows:

- In cases where officials and trade union members commit violations and have not yet been considered for disciplinary action:

+ Are pregnant, on maternity leave, or raising a child under 12 months old.

+ Suffering from a serious illness, temporarily losing cognitive ability, or being seriously ill and receiving inpatient treatment at a hospital certified by a competent medical agency according to the provisions of law (from district level or higher).

+ Being detained or temporarily detained awaiting the conclusion of a competent agency's investigation, prosecution, or trial for violations of the law.

- In case officers or union members commit violations, disciplinary action will not be considered:

+ Passed away.

+ Promptly reported to the competent authority when there were grounds to believe that the decision was illegal but was not considered and resolved.
or have clearly expressed their disapproval of the wrongdoing but still have to comply and have their opinions reserved.

+ Before the incident occurred, proactively reported it to the leader, seriously and sincerely admitted the shortcomings, and actively coordinated with the unit in overcoming the consequences.

+ Confirmed by a competent authority of violation in a force majeure situation when performing duties and official duties.

+ Loss of civil act capacity.

4. Statute of limitations and time limit for disciplinary action in trade unions in Vietnam

The statute of limitations and time limit for disciplinary action in trade unions are specified in Article 7 of the Regulations issued with Decision 5130/QD-TLD dated August 12, 2022, as follows:

- The statute of limitations for disciplinary action by the union applies according to the provisions of current law.

- The time limit for disciplinary action shall not exceed 90 days; In cases where the case has complicated circumstances that require time for inspection to verify further clarification, the disciplinary time limit may be extended but must not exceed 150 days.

- Not included in the disciplinary time limit for the cases specified in Article 6 of the Regulations issued with Decision 5130/QD-TLD dated August 12, 2022; time of investigation, prosecution, or trial (if any); time to make a complaint or initiate a lawsuit in court regarding the disciplinary decision.

- In cases under the disciplinary authority of the Executive Committee of the General Confederation, if the above time limit has passed, consideration of disciplinary action will be conducted at the nearest meeting of the Executive Committee of the General Confederation.

- After 12 months from the date of the disciplinary decision or decision to resolve the disciplinary complaint, if officials and union members do not re-offend or have no new violations that warrant disciplinary action, the disciplinary decision will automatically cease to be effective.

Ho Quoc Tuan

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