Subjects ineligible to be admitted to the Vietnam Trade Union

Subjects ineligible to be admitted to the Vietnam Trade Union (Internet image)

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

1. Subjects eligible to be admitted to the Vietnam Trade Union

Vietnamese people working as salaried workers in employers' units operating legally in accordance with Vietnamese law, including:

- Cadres, civil servants, public employees, and employees working in non-business units; state administrative agencies, agencies of political organizations, socio-political organizations, socio-political-professional organizations, and socio-professional organizations. For agencies of communes, wards, and townships, including people who receive salaries, set salary rates, and receive allowances, they are working in agencies of the People's Councils, People's Committees, political organizations, and socio-political organizations at commune level.

- The salaried employees are working in units, enterprises and cooperatives.

- Employees are working in representative offices of foreign organizations, international organizations, non-governmental organizations in Vietnam.

- Freelance and legal workers in the informal labor sector, if they wish, may join the Vietnam Trade Union and live in the form of grassroots trade unions.

- Employees who are appointed by competent agencies as representatives to manage the State's capital, holding leadership and management positions in non-public non-business units, enterprises outside the state sector and the foreign-invested sector.

(Section 3 of Instruction 03/HD-TLD in 2020)

2. Subjects ineligible to be admitted to the Vietnam Trade Union

- Foreigners working in Vietnam;

- Employees working as managers in enterprises outside the state sector, including: owner of a private enterprise, general partner, chairman of the Members' Council, member of the Members' Council, company president, chairman of the board of directors, member of the board of directors, director or general director, and individuals holding other managerial positions have the authority to sign transactions on behalf of the company in accordance with the company's charter;

- Principals and presidents; vice presidents; and deputy directors are authorized to manage the unit or sign labor contracts in non-business units outside the state sector.

- Members in agricultural cooperatives;

- Persons who are serving prison sentences according to court decisions.

(Section 3 of Instruction 03/HD-TLD in 2020)

3. Procedures for admission to the Vietnam Trade Union

Procedures for joining the Vietnam Trade Union are as follows:

- People joining the trade union must agree to the Charter of the Vietnam Trade Union; If they have an application to join the Vietnam Trade Union, the application must be signed by the applicant (including an electronic signature). In the case of an application by a collective of employees, it must be signed by each employee.

- Where there are grassroots trade unions (hereinafter collectively referred to as grassroots trade unions), grassroots trade union executive committees receive applications, consider and decide on admission, and hold the admission ceremony for members.

+ During the ceremony, it is possible to admit many members at the same time; those admitted must be present at the ceremony (unless they are absent with a valid reason). The grassroots trade union announces the decision on admission to members, handing over the decision and the trade union membership card (if any).

+ In units with a large number of members, the grassroots trade union executive committee may authorize the member grassroots trade union, divisional trade union, divisional trade union (collectively referred to as the divisional union), or trade union group (collectively referred to as the trade union group) under its affiliated organization to organize the membership admission ceremony.

- Where there is no grassroots trade union

+ The employee submits an application to join the union to the nearest superior trade union or the grassroots trade union campaigning board (if any).

++ In case of applying to the immediate superior trade union at the grassroots level: Within 15 days from the date of application, the superior trade union must consider and decide whether to admit or not to admit a member and introduce a place to live for the member when there is a decision on admission.

++ In case the employee submits an application to the advocacy board: Within 15 days from the date of filing the application, if the employee has applied for union membership and has not yet met the conditions to establish a grassroots trade union, employees have the right to transfer their applications to the superior trade union for consideration and decision on admission of members and to be introduced to activities at the grassroots trade union nearest to where the union members are working until the grassroots union at work is established.

+ In case there are enough employees to associate to establish a grassroots trade union according to regulations, the lobbying committee should hold a congress to establish a grassroots trade union and request that the higher-level trade union recognize it according to the provisions of Sections 12.1 and 12.2 of Instruction 03/HD-TLD.

- The re-admission of trade union members: Union members who have left the trade union organization, if they wish to rejoin the Vietnamese trade union organization, must submit an application for re-entry to the grassroots trade union where they work. The executive committee of the grassroots trade union is responsible for considering and evaluating if all conditions are met, then requesting the immediate superior trade union to decide on re-admission.

(Section 4.1 of Instruction 03/HD-TLD in 2020)

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