Regulations on trade union officials in Vietnam according to the Trade Union Charter

Regulations on trade union officials in Vietnam according to the Trade Union Charter (Internet image) 

Regulations on trade union officials in Vietnam according to the Trade Union Charter

Article 4 of the Trade Union Charter stipulates trade union officials as follows:

- A trade union official is a person who holds the title of deputy chief of trade union group or higher and is elected at a trade union congress or meeting; is designated, recognized, recruited or appointed to any position of trade union official, or assigned regular duties to perform trade union functions and tasks by a competent authority.

- Trade union officials are classified as full-time trade union officials and part-time trade union officials.

+ Full-time trade union officials are persons who are assigned, engaged, appointed or elected by the all-level trade union's congress or meeting to undertake regular work of the respective trade union.

+ Part-time trade union officials are persons who work part-time, are elected by trade union members based on trust and recognized or appointed to the title of deputy chief or higher by the corresponding competent trade union.

The content of trade union officials in the Trade Union Charter is detailed in Instruction 03/HD-TLD 2020 as follows:

1. Trade union officials include: trade union leaders, deputy leaders, members of trade union executive committees at all levels; members of trade union inspection committees at all levels, members of mass committees of trade unions at all levels through election or authorized trade unions. Cadres and civil servants doing professional work in the organizational apparatus of trade unions at all levels.

2. Management of trade union officials

- Full-time and part-time trade union officials are recognized by the trade union organization's decision (according to the decentralization for each level of trade union).

- Full-time trade union cadres receive salary from the trade union finance source directly managed by the trade union, implement staffing policies according to regulations on decentralization of cadre management of the Party and Vietnam General Confederation of Labor. 

- If the full-time trade union officer does not receive a salary from the trade union's financial resources and the trade union official is not part-time, the management and implementation of personnel policies are jointly implemented by trade unions, units, and enterprises on the following principles: Units and enterprises shall pay salaries, raise ranks, salary grades, and implement other staff management regimes and policies according to the general regulations of the units and enterprises. The superior trade union directs, inspects, and guides the profession and contents of trade union activities; supervises the implementation of policies towards trade union officials according to the provisions of law; and implements the allowance regime in accordance with the provisions of the Vietnam General Confederation of Labor.

3. Persons holding leadership and management positions are representatives of business owners or persons entitled to sign labor contracts in enterprises outside the state sector; persons holding the positions of general directors, directors of state-owned enterprises, heads of administrative agencies, and non-business units in the state sector may not concurrently hold the position of president of grassroots trade unions.

Duties and entitlement of trade union officials in Vietnam

1. Duties

- Keep close contact with trade union members and workers; pay attention to the opinions or petitions of trade union members and workers to take proper actions, or to report or submit them to competent authorities to seek their solutions.

- Encourage trade union members and workers to fulfill a citizen’s obligations; observe views, guidelines and resolutions of the Communist Party of Vietnam, regulatory policies and laws of the State, and internal rules and regulations of each employing entity; actively take training courses aimed at improving political, cultural qualifications and knowledge about the legal system and professional skills.

- Set good examples in all aspects to other union members and workers; actively defend the socialist regime, the Communist Party of Vietnam and the organization of the Trade Union of Vietnam.

- Represent workers and employees in dialogues and collective bargaining sessions in accordance with law.

- Develop union members and build strong grassroots trade unions.

- Fight against manifestations of violation of the Party's guidelines and policies, the government's policies and laws and the resolutions of the trade unions at all levels.

- Perform other duties as assigned by trade unions.

2. Entitlement

- Act as legal or authorized representatives to protect the legitimate rights and interests of trade union members and workers.

- Exercise authority delegated to trade union officials in accordance with regulations of the Communist Party of Vietnam, laws of the State and regulatory provisions of Vietnam General Confederation of Labour.

- Have access to conditions necessary for their trade union activities at workplace as prescribed by law. Receive protection and support from trade unions in case of being in a difficult situation when on duty.

- Have access to trade union training courses.

- Enjoy compensation policies granted by the Communist Party of Vietnam, the State and trade unions.

- If any part-time trade union official satisfies required eligibility criteria and wishes to be employed as a full-time trade union official, he/she shall be given preference.

Duong Chau Thanh

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