Guidelines for participating in the construction of democratic regulations in state-owned enterprises in Vietnam

Guidelines for participating in the construction of democratic regulations in state-owned enterprises in Vietnam (Internet image)

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

1. Guidelines for participating in the construction of democratic regulations in state-owned enterprises in Vietnam 

According to Instruction 11/HD-TLD dated March 14, 2024, in addition to the relevant content according to the provisions from Article 64 to Article 81 of the Law on implementation of grassroots-level democracy 2022, applying the provisions of items 1, 2, 3, 4, and 5 of Section I of Instruction 11/HD-TLD dated March 14, 2024, the Trade Union proposes to the employers to supplement the regulations with the following content:

- The chairman of the Trade Union at the grassroots level can participate in the councils or steering committees of the enterprise (Competition, Reward, Discipline Council; Salary Increase Council; Innovation Council, etc.).

- The conference of workers shall be organized at the team, group, department, division, or unit level (according to the organizational structure and scale of the enterprise).

- Encourage enterprises with less than 10 workers to organize conferences of workers.

2. Regulations on participating in the organization of workers' conferences in Vietnam 

According to Section II, Part II of Instruction 11/HD-TLD dated March 14, 2024, the participation in the organization of workers' conferences is as follows:

* Preparation work

- Developing a plan for organizing workers' conferences

The Trade Union proactively proposes and agrees with the employers to apply the provisions of item 1, Section II, Part I of Instruction 11/HD-TLD dated March 14, 2024, to develop a plan for organizing workers' conferences and disseminate it to the workers in the enterprise.

- Preparing reports

+ Employers have the responsibility to prepare: Report on the implementation of the resolutions of previous workers' conferences and the regulations on implementing democracy at the grassroots level at the workplace; report on the production and business situation of the enterprise in the previous year and the direction and plan for production and business in the upcoming year; report on the evaluation, summary, and assessment of the responsibility of the employers in implementing the production and business plan in the previous year; report on the summary of the emulation movement, results of commendation, and content of the collective labor agreements of the enterprise (if any).

+ The Trade Union has the responsibility to prepare: a consolidated report on the proposals and suggestions of workers at workers' conferences of affiliated units of the enterprise.

+ People's Inspection Board: prepare a report on the activities of the People's Inspection Board in the year and the work program for the next year (the Trade Union guides the People's Inspection Board in implementation).

- Participants in the workers' conferences

+ General conference: All workers in the enterprise participate in the conference.

+ Delegate conference:

++ Natural delegates: The Trade Union proposes and agrees with the employers on the natural delegate composition on the employer side, including members of the Board of Directors, Members' Council, or Chairman of the company; General Director, Deputy General Director, Director, Deputy Director; Control Board; Chief Accountant, Head of Human Resources Department; Party committee representatives; representatives of political and social organizations (if any); People's Inspection Board; trade union executive committee or representative of the higher-level trade union where there is no grassroots trade union (based on agreement and consensus with the employers) and other cases agreed upon and regulated in the Regulations.

++ Elected delegates: The Trade Union proposes and agrees with the employers on the subjects and number of elected delegates to attend the conference, organizing the election conference to ensure democracy, objectivity, and representation of teams, groups, departments, divisions, gender, and ethnicity (if any)... Based on the conditions for organizing the conference, the Trade Union coordinates with the employers to agree on the proportion to be elected from the additional number of workers.

- Workers' conference mock-up

The Trade Union agrees with the employers on the model and content of the workers' conference mock-up (Model 06 in the appendix).

Form 06 in the appendix

Note: Employers have the responsibility to issue invitations and summon all participants of the workers' conference according to the agreement between the two parties.

* Organizing workers' conferences

The Trade Union proactively proposes and agrees with the employers to apply the provisions of item 2, Section II, Part I of Instruction 11/HD-TLD dated March 14, 2024, to organize workers' conferences. At the same time, add the content of electing members to participate in dialogue on the workers' side (after the Content and Chairing of the conference to explain and receive opinions).

* Organizing the implementation of workers' conference resolutions

The Trade Union proactively proposes and agrees with the employers to apply the provisions of item 3, Section II, Part I of Instruction 11/HD-TLD dated March 14, 2024, to organize the implementation of resolutions.

* Organizing workers' conferences at the conglomerate, corporation level

Encourage the higher-level trade union to coordinate with the grassroots trade union in organizing workers' conferences at the conglomerate, corporation level. The timing of the conference is agreed upon by both parties.

The sequence and content of organizing the workers' conference are agreed upon by both parties and implemented according to points 1, 2, 3, Section II, of Part II of Instruction 11/HD-TLD dated March 14, 2024.

To Quoc Trinh

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