Regulations on management and use of trade union finance in Vietnam

Regulations on management and use of trade union finance in Vietnam (Internet image)

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

1. Classification of trade union cadres in Vietnam

According to Clauses 4 and 5, Article 4 of the Law on Trade Union 2012, the classification of trade union cadres is as follows:

- Fulltime trade union cadres mean persons employed, appointed to be in charge of regular jobs in Trade Union organization.

- Part-time trade union cadres mean persons work on a part-time and be voted by Trade Union congress, conference of Trade Union at levels or persons being appointed as a sub-chief of group or higher.

2. Regulations on assurance of trade union cadres in Vietnam

Regulations on assurance of trade union cadres in Vietnam under Article 25 of the Law on Trade Union 2012 are as follows:

- Case labor contract or working contract is expired but laborer being part-time trade union cadre and being his tenure, he shall be prolong labor contract or working contract till the end of his tenure.

- Unit employing laborers shall not unilaterally terminate the labor contract or working contract, dismissal, enforce to quit or transfer jobs with respect to part-time trade union cadre if the primary trade union Committee or trade union Committee of directly higher level had no agreement idea in written.

Case not reaching agreement, two parties must report to competent agency, organization. Within 30 working days, from of reporting to competent agency, organization, unit employing laborers shall be entitled to decide and must be responsible for its such decision.

- If employee being part time trade union cadre is terminated labor contract or working contract, enforce to quit or unlawful dismissal, Trade Union shall require competent state agencies to interfere;

If being authorized, Trade Union may represent to sue at Court to protect legal rights and interest of such trade union cadre; and support to find new job and pay allowances in period of interrupted work as prescribed by the Vietnam General Confederation of Labour.

3. Regulations on management and use of trade union finance in Vietnam

Regulations on management and use of trade union finance under Article 27 of the Law on Trade Union 2012 are as follows:

- The Trade Unions shall manage and use trade union finance as prescribed by laws and provisions of the Vietnam General Confederation of Labour.

- Trade Union finance is used for activities that perform powers and duties of Trade Unions and maintain operation of Trade Union system, including the following missions:

+ Propagating, spreading, educating on lines, guidelines, policies of the Party, law of the State; improve professional level, professional skill for laborers;

+ Organizing activities that represent, protect legal and legitimate rights and interests of laborers;

+ Developing trade union members, establishing primary trade unions, making trade unions firm and strong;

+ Organizing emulation movements that are mobilized by Trade Union;

+ Traning, fostering trade union cadres; traning, fostering elite laborers to have source of cadres for the Party, the State and trade union organizations;

+ Organizing activities of culture, sport, travel serving laborers:

+ Organizing activities of gender and gender equality;

+ Visiting, caring, allowancing for trade union members and laborers upon getting sick, maternity, or difficulties; organizing other activities to care laborers;

+ Mobilizing, awarding laborers, children of laborers having record in studying and working;

+ Paying salary for full time trade union cadres; liablility allowance for part time trade union cadres;

+ Paying for operation of trade union machine at different levels;

+ Other paying missions.

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