Regulations on charter of internal employee organization in Vietnam

Regulations on charter of internal employee organization in Vietnam (Internet image)

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

1. Regulations on charter of internal employee organization in Vietnam

According to Article 174 of the Labor Code 2019, the charter of an internal employee organization shall contain:

- Name, address and logo (if any) of the organization;

- The objectives of protecting the lawful rights and interests of the members in labor relations in the enterprise; cooperating with the employer in resolving issues relevant to the rights, obligations and interest of the employer and employees; develop progressive, harmonious and stable labor relation;

- Requirements and procedures for joining and leaving the organization.

The internal employee organization of an enterprise shall not simultaneously have members that are ordinary employees and members that participate in the process of making decisions relevant to working conditions, recruitment, labor discipline, employment contract termination or employee reassignment;

- Organizational structure, tenure and representative of the organization;

- Rules for organization and operation;

- Methods for ratifying decisions of the organization.

The following issues shall be voted by the members under the majority rule: ratification, revisions of the organization’s charter; election, dismissal of the chief and members of the management board of the organization; division, consolidation, merger, renaming, dissolution, association of the organization; joining the trade union.

- Membership fees, sources of assets and finance, and the management thereof.

Revenues and expenses of the internal employee organization shall be monitored, archived and made available to its members.

- Members’ proposals and responses thereto.

2. Regulations on the establishment, participation and operation of internal employee organizations in Vietnam

Regulations on the establishment, participation and operation of internal employee organizations according to Article 172 of the Labor Code 2019 are as follows:

-  The internal employee organization in an enterprise shall be established after registration is granted by a competent authority. The organizational structure and operation of internal employee organizations shall comply with the Constitution, law and internal regulations, adhere to the principles of autonomy, democracy and transparency.

- Registration of an internal employee organization shall be cancelled if it acts against its objectives and principles as prescribed in Point b Clause 1 Article 174 of the Labor Code 2019, or the organization is undergoing division, amalgamation, merger, or the enterprise is undergoing dissolution or bankruptcy.

- When an internal employee organization wishes to join the trade union, the Trade Union Law shall apply

- The Government shall provide for documents and procedures for registration; the competence to grant and cancel registration, state management of finance and assets of internal employee organizations; division, amalgamation, merger, dissolution thereof; the right to association of employees in enterprises.

3. Regulations on management board and members of internal employee organizations

Regulations on management board and members of internal employee organizations according to Article 173 of the Labor Code 2019 are as follows:

- When applying for registration, the number of members the internal employee organization that are employees of the enterprise shall reach the minimum number prescribed by the Government.

- The management board shall be elected by members of the internal employee organization.

Members of the management board shall be Vietnamese employees of the enterprise who are not serving a sentence, do not have an unspent conviction and are not undergoing criminal prosecution for breach of national security, violations against freedom and demo

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