Law on Trade Unions No. 50/2024/QH15

LAW

On Trade Unions^[1]

Pursuant to the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates the Law on Trade Unions.

Chapter I

GENERAL PROVISIONS

Article 1. Vietnam Trade Union

The Vietnam Trade Union is a broad socio-political organization of the working class and laborers, which is established on the basis of voluntariness, and is a member of the political system led by the Communist Party of Vietnam; it represents workers, cadres, civil servants, public employees and laborers (below collectively referred to as employees) and, together with state agencies, economic organizations and social organizations, takes care of, and protects the lawful and legitimate rights and interests of employees; participates in state management and socio-economic management; conducts oversight and social criticism; takes part in examination, inspection and supervision of activities of state agencies, organizations, units and enterprises regarding matters related to the rights and obligations of employees; carries out public communication for, and mobilizes, workers to study for improving their professional qualifications and skills, observe law, participate in emulation movements, and build and defend the Fatherland.

Article 2. Scope of regulation

This Law defines functions, tasks, powers and responsibilities of the Vietnam Trade Union; the employees’ rights to establish, join, and participate in activities of, trade unions; the admission of employees’ organizations at enterprises to the Vietnam Trade Union; rights and responsibilities of trade union members; responsibilities of the State, agencies, organizations, units, enterprises and employers toward trade unions; assurance of the operation of trade unions; settlement of disputes and handing of violations of the law on trade unions.

Article 3. Subjects of application

This Law applies to trade unions at all levels, state agencies, political organizations, socio-political organizations, socio-political-professional organizations, socio-professional organizations, units, enterprises, and other organizations that employ laborers under the labor law, foreign agencies and organizations, and international organizations operating in the territory of Vietnam (below collectively referred to as agencies, organizations, units and enterprises); employees’ organizations at enterprises, trade union members, employees, and other organizations and individuals involved in trade union organization and operation.

Article 4. Interpretation of terms

In this Law, the terms below are construed as follows:

1. Trade union rights means the rights of employees and trade union members to establish, join, and participate in activities of, trade unions and the rights of trade union organizations as prescribed by law and competent agencies.

2. Grassroots trade union means a grassroots organization of the Vietnam Trade Union, rallying trade union members in one or more than one agency, organization, unit or enterprise, which is recognized by the immediate superior trade union or the provincial-level trade union, central agency’s trade union and the equivalent in accordance with law and the Statute of the Vietnam Trade Union.

3. Grassroots labor union means a grassroots organization of the Vietnam Trade Union, rallying persons working without industrial relations in the same sector or occupation or other particular employees, which is recognized by the immediate superior trade union in accordance with law and the Statute of the Vietnam Trade Union.

4. Grassroots immediate-superior trade union means a level in the organizational system of the Vietnam Trade Union, which directly exercises the rights to recognize and direct the operation of grassroots trade unions and grassroots labor unions in accordance with law and the Statute of the Vietnam Trade Union.

5. Trade union official means a Vietnamese citizen who is elected, recruited, appointed or designated to perform tasks of a trade union organization. Trade union officials include:

a/ Full-time trade union officials, who are elected, recruited, appointed or designated to regularly undertake jobs in trade union organizations;

b/ Part-time trade union officials, who are elected by trade unions at different levels or designated by competent authorities of trade unions to hold the title of deputy head of trade union team or higher to perform part-time jobs of trade union organizations.

6. Trade union member means an employee who is admitted or recognized to the Vietnam Trade Union in accordance with the Statute of the Vietnam Trade Union.

7. Employers means agencies, organizations, units, enterprises, cooperatives, unions of cooperatives, households and individuals that hire, recruit or employ employees and pay wages and remunerations to employees in accordance with law.

8. Disputes over trade union rights means disputes arising between employees, trade union members or trade union organizations and employers over the exercise of trade union rights, or between trade union organizations and employees’ organizations at enterprises on matters related to trade union organization and operation.

9. Statute of the Vietnam Trade Union means the document adopted by the Vietnam Trade Union Congress, defining the guidelines, purposes and principles on organization, operation, and organizational structure of the Vietnam Trade Union; conditions, order and procedures for establishment, admission, dissolution and termination of trade union operation; rights and responsibilities of trade union organizations at all levels; rights and responsibilities of trade union members; finances and assets of trade unions; and other contents related to trade union organization and operation. The Statute of the Vietnam Trade Union must not contravene the Constitution, law and regulations of competent agencies.

Article 5. Rights to establish, join, and participate in activities of, trade unions

1. Vietnamese employees may establish, join, and participate in activities of, trade unions.

2. Foreign citizens working in Vietnam under labor contracts of a term of full 12 months or more may join, and participate in activities of, grassroots trade unions.

3. The establishment of, admission into, and participation in activities of, trade unions must comply with the Statute of the Vietnam Trade Union, this Law and relevant regulations.

Article 6. Admission of employees’ organizations at enterprises to the Vietnam Trade Union

Lawfully established and operating employees’ organizations at enterprises that show voluntariness and approve the Statute of the Vietnam Trade Union are entitled to join the Vietnam Trade Union; the admission to the Vietnam Trade Union is as follows:

1. A dossier for admission to the Vietnam Trade Union must comprise:

a/ A written application for admission to the Vietnam Trade Union;

b/ Copies of documents evidencing the legitimacy of the employees’ organization at the enterprise;

c/ A document showing the decision of the employees’ organization at the enterprise to join the Vietnam Trade Union; procedures for approval of the decision to join the Vietnam Trade Union must comply with the labor law;

d/ A list of members who wish to voluntarily join the Vietnam Trade Union, together with their signatures;

dd/ Documents and agreements as prescribed by relevant laws on the settlement of interests and obligations of the employees’ organization at the enterprise and its members that are related to the employees’ organization at the enterprise.

2. Procedures for admission to the Vietnam Trade Union:

a/ The employees’ organization at an enterprise shall send the dossier specified in Clause 1 of this Article to the competent provincial-level or central agency’s trade union or the equivalent;

b/ Upon receiving a complete dossier specified in Clause 1 of this Article, the competent provincial-level or central agency’s trade union or the equivalent shall consider and recognize the admission of the employees’ organization at the enterprise to the Vietnam Trade Union; in case of refusing the recognition, it shall issue a written reply, clearly stating the reason;

3. Upon the recognition of its admission to the Vietnam Trade Union:

a/ The employees’ organization at the enterprise naturally terminates its operation in the capacity as employees’ organization at enterprise. The provincial-level or central agency’s trade union or the equivalent shall notify the recognition result to the state management agency competent to issue registration certificates for recovering the issued registration certificate.

b/ Employees being members of the employees’ organization at the enterprise who show voluntariness and are qualified to join the Vietnam Trade Union according to the Statute of the Vietnam Trade Union will be recognized as trade union members;

4. The Vietnam General Confederation of Labor shall guide the admission of employees’ organizations at enterprises mentioned in this Article to the Vietnam Trade Union.

Article 7. Principles on organization and operation of the Vietnam Trade Union

1. Trade unions shall be established on the basis of voluntariness; be organized and operate in adherence to the principle of democratic centralism; cooperate and coordinate with employers while ensuring the independence of trade union organizations.

2. Trade unions shall be organized and operate according to the Statute of the Vietnam Trade Union, ensuring conformity with the Party’s guidelines and the State’s policies and laws.

Article 8. Organizational system of the Vietnam Trade Union

1. The Vietnam Trade Union is a unified organization consisting of the following four levels:

a/ The Vietnam General Confederation of Labor at the central level;

b/ Provincial-level and sector-based central agencies’ trade unions and the equivalent, including labor federations of provinces and centrally run cities (below collectively referred to as provincial-level labor federations); trade unions of sector-based central agencies; trade unions of economic groups, and trade unions of corporations under the Vietnam General Confederation of Labor;

c/ Grassroots immediate-superior trade unions, including labor federations of districts, towns, provincial cities and municipal cities (below collectively referred to as district-level labor federations); trade unions of sector-based local agencies; trade unions of economic groups and trade unions of corporations other than those specified at Point b of this Clause; trade unions of industrial parks, export processing zones, economic zones and hi-tech parks; and other grassroots immediate-superior trade unions as prescribed by the Statute of the Vietnam Trade Union;

d/ Grassroots-level trade unions, including grassroots trade unions and grassroots labor unions.

2. The Vietnam General Confederation of Labor shall decide on the establishment and determine the levels of trade unions of special administrative-economic units on the basis of the National Assembly’s decisions on the establishment of special administrative-economic units.

3. Trade union organization models shall be built toward openness, flexibility, conformity with the legitimate aspirations and demands of trade union members and employees, as well as practical requirements and regulations. The Vietnam General Confederation of Labor shall guide the implementation of contents mentioned in this Clause.

4. Conditions, order and procedures for establishment, dissolution and termination of operation of trade union organizations must comply with the Statute of the Vietnam Trade Union.

Article 9. International cooperation on trade unions

1. International cooperation on trade unions must conform to the Party’s guidelines, external relation policies, the Constitution, law, regulations on people-to-people diplomacy and treaties to which the Socialist Republic of Vietnam is a contracting party.

2. International cooperation on trade unions shall be carried out on the basis of respect for each other’s independence, sovereignty and territorial integrity, ensuring adherence to the principles of equality, respect for political institution and non-interference into each other’s internal affairs, heightening the position and prestige of Vietnam and the Vietnam Trade Union on international arena.

3. Contents of international cooperation on trade unions:

a/ Carrying out public communication about guidelines, external relation policies, and socio-economic development achievements of the country;

b/ Providing training and further training for building capacity of trade union officials;

c/ Sharing experiences in trade union activities and international worker’s movements; carrying out activities of international solidarity and support;

d/ Establishing cooperative relations, negotiating, concluding and implementing bilateral and multilateral commitments and agreements; acting as national representatives of employees to attend international forums; participating in activities of, joining, or withdrawing from, international trade union organizations;

dd/ Mobilizing, coordinating, approving, receiving, and managing the use of, aid, donations and technical assistance of international partners for trade unions in accordance with law;

e/ Receiving and presenting various forms of commendation;

g/ Carrying out other people-to-people diplomacy activities in conformity with the functions and tasks of the Vietnam Trade Union.

4. The Vietnam General Confederation of Labor shall guide and manage international cooperation activities in accordance with this Law and other relevant laws.

Article 10. Prohibited acts

1. Obstructing, or causing difficulties in, the exercise of trade union rights.

2. Practicing discrimination against employees and trade union officials for the reasons of establishing, joining, or participating in activities of, trade unions, including the following acts:

a/ Requesting admission, non-admission to or withdrawal from the Vietnam Trade Union in order to be recruited, conclude or extend labor contracts or working contracts;

b/ Sacking or disciplining employees, unilaterally terminating labor contracts or working contracts; not continuing to conclude or extend labor contracts or working contracts; transferring employees to other jobs;

c/ Practicing discrimination concerning wage, bonus, welfare, working time, and other rights and obligations in labor;

d/ Practicing stigma or discrimination regarding gender, ethnicity, religion or belief and discrimination in other forms in labor;

dd/ Providing false information in order to lower the prestige and honor of trade union officials;

e/ Promising, providing material benefits or non-material benefits for employees and trade union officials not to take part in trade union activities, to stop acting as trade union officials or to commit acts against trade unions;

g/ Manipulating, hindering or obstructing tasks in order to weaken trade union activities;

h/ Other acts specified by law.

3. Applying economic measures, imposing mental threats or taking other measures that are unbeneficial to trade union organizations, interfering in or manipulating the process of establishment and operation of trade unions, or weakening or nullifying the functions, tasks, rights and obligations of trade unions.

4. Failing to satisfy the law-specified conditions on trade union activities and trade union officials.

5. Failing to pay trade union dues; delaying the payment of trade union dues; paying trade union dues not at law-specified levels; paying trade union dues for trade union members fewer than those subject to payment; managing and using trade union dues in contravention of regulations.

6. Receiving aid, donations or technical assistance in contravention of regulations.

7. Abusing trade union rights to violate law, infringe upon the interests of the State, or the lawful rights and interests of agencies, organizations, units, enterprises and individuals.

8. Providing false information on, inciting, distorting or defaming, trade union organization and operation.

Chapter II

RIGHTS AND RESPONSIBILITIES OF TRADE UNIONS AND TRADE UNION MEMBERS

Section 1

           RIGHTS AND RESPONSIBILITIES OF TRADE UNIONS

Article 11. To represent, take care of, and protect the lawful and legitimate rights and interests of, trade union members and employees

1. The Vietnam Trade Union is the sole national-level organization representing employees in industrial relations; is a member of committees, steering committees and national councils related to the lawful and legitimate rights and interests of employees and the rights and responsibilities of trade union organizations.

2. To represent employees’ collectives in conducting collective negotiations, concluding, and supervising the implementation of, collective labor agreements in accordance with the labor law.

To proactively reach agreement with employers and employers’ representative organizations on providing support and applying regimes and conditions that are more beneficial than those provided by the labor law.

3. To act as legal representatives for employees’ collectives to initiate labor cases or matters at court when the latter’s lawful and legitimate rights and interests are infringed upon.

To act as authorized representatives of employees to initiate labor cases or matters at the court when the latter’s lawful and legitimate rights and interests are infringed upon, unless otherwise provided by the procedural law.

4. To act as representatives of employees and employees’ collectives to participate in civil or administrative procedures for labor, administrative or corporate bankruptcy cases or matters in order to protect the lawful and legitimate rights and interests of employees and employees’ collectives in accordance with law.

2. To participate in formulating, promulgating, and overseeing the implementation of, wage scales, wage tables, labor norms, wage payment regulations and bonus regulations; labor rules; plans, internal regulations, processes and measures to ensure occupational safety and health; regulations on implementation of democracy in agencies, organizations, units, enterprises, and other documents and contents in accordance with law.

6. To coordinate with employers in organizing conferences of cadres, civil servants, public employees and workers in accordance with the law on grassroots democracy.

7. To hold talks at workplaces with employers on matters related to the lawful rights and interests as well as obligations of employees in accordance with law.

8. To organize activities of caring for, and improving the material and spiritual lives of; to encourage, commend and assist employees who suffer sickness, are in pregnancy, or face difficulties or mishaps, and carry out other support activities for, trade union members and employees.

9. To provide support in terms of vocational training and job seeking; to provide employees with guidance and advice on their rights and obligations when signing and performing labor contracts or working contracts.

10. To organize legal support activities for trade union members and employees. Forms of legal support include:

a/ Providing legal counseling through providing guidance, opinions and assistance in drafting documents related to disputes, complaints and legal problems; guiding and assisting parties in reconciling, negotiating, and reaching agreement on solutions;

b/ Participating in legal procedures in the capacity as defenders of lawful rights and interests or as defense counsels in accordance with the procedural law;

c/ To act as non-procedural representatives before competent state agencies.

11. To invest in building social houses, and relevant cultural, sports and infrastructure facilities in service of trade union members and employees in accordance with law.

12. To ensure gender equality and apply measures to promote gender equality in representing, caring for, and protecting the lawful and legitimate rights and interests of trade union members and employees.

13. To direct and guide activities of People’s Inspection Boards in agencies, units and state enterprises in accordance with the law on grassroots democracy.

14. To manage and guide activities of networks of personnel engaged in occupational safety and health, and participate in the investigation of occupational accidents in accordance with the law on occupational safety and health.

15. To join competent agencies, organizations and individuals in settling labor disputes in accordance with law.

16. To propose competent agencies, organizations and individuals to consider and settle cases in which the lawful and legitimate rights and interests of employees’ collectives or employees are infringed upon.

14. To organize and lead strikes in accordance with law.

Article 12. To participate in state management and socio-economic management

1. To join state agencies in formulating policies and laws on socio-economic affairs, labor, employment, salary, social insurance, unemployment insurance, health insurance, and occupational safety and health as well as other policies and laws related to trade unions, and rights and obligations of employees.

2. To join state agencies in protecting the lawful and legitimate rights and interests of employees regarding social insurance, unemployment insurance, medical insurance, and occupational accident and disease insurance.

3. To participate in formulating and implementing the regulations on practice of democracy in agencies, organizations, units and enterprises.

4. To perform the rights and responsibilities of trade unions in occupational safety and health activities in accordance with the law on occupational safety and health.

5. To apply measures to support and protect trade union members, trade union officials and grassroots trade unions; to guide and support activities of dialogues, collective negotiations, conclusion and implementation of collective labor agreements in a substantial manner; to participate in building progressive, harmonious and stable industrial relations.

6. To provide, connect and share information and data on trade union organization and operation to/with state management agencies in accordance with law.

7. To propose competent state agencies to consider and settle petitions, reports, complaints and denunciations filed by employees and employees’ collectives, and other matters of concern of trade union members and employees.

8. To organize, or coordinate in organizing, emulation movements nationwide, and within sectors, localities, agencies, organizations, units and enterprises in accordance with law.

Article 13. To submit drafts of laws, ordinances and resolutions and make legislative proposals

1. The Vietnam General Confederation of Labor may submit to the National Assembly Standing Committee and the National Assembly the proposals on formulation of laws, ordinances and resolutions; submit draft laws and draft resolutions before the National Assembly, and submit draft ordinances and draft resolutions before the National Assembly Standing Committee.

2. Trade unions at different levels may propose competent state agencies to formulate, amend or supplement policies and laws related to trade unions, and rights and obligations of employees.

Article 14. To attend sessions, meetings and conferences

1. The Chairperson of the Vietnam General Confederation of Labor is invited to attend sessions of the National Assembly, sessions of the National Assembly Standing Committee, and meetings of the Government and central agencies and organizations upon discussing and deciding on matters related to the rights and obligations of trade union members, employees, trade union organizations, and socio-economic development.

2. Chairpersons of provincial- and district-level Labor Federations are invited to attend sessions, conferences and meetings of the Standing Bodies of People’s Councils, People’s Councils and People’s Committees of the same level and of related agencies or organizations upon discussing matters related to the rights and obligations of trade union members, employees, trade union organizations, and socio-economic development in localities.

3. Chairpersons of trade unions of central and sector-based local agencies; trade unions of economic groups and trade unions of corporations; trade unions of industrial parks, export processing zones, economic zones and hi-tech parks, and other grassroots intermediate superior trade unions are invited to attend meetings and conferences of specialized agencies and related agencies or organizations upon discussing matters related to the rights and obligations of trade union members, employees and trade union organizations.

4. Chairpersons of grassroots trade unions are invited by employers to attend meetings and conferences related to the rights, obligations and responsibilities of trade union members, employees and trade union organizations.

Article 15. To participate in the examination and inspection of activities of agencies, organizations, units and enterprises

1. Trade unions shall join and coordinate with competent state agencies in examining and inspecting the implementation of regimes, policies and laws on trade unions, labor, employment, wages, cadres, civil servants, public employees, social insurance, unemployment insurance, health insurance, and occupational safety and health, and other regimes, policies and laws related to the rights and obligations of employees.

2. Upon examining or inspecting the contents directly related to the lawful and legitimate rights and interests of employees and trade union organizations, competent state agencies shall invite trade unions’ representatives to join them.

3. When participating in examinations and inspections, trade unions’ representatives have the tasks, powers and responsibilities as prescribed by relevant laws and the following rights and tasks:                                                                                                                                                                                           

a/ To request agencies, organizations, units and enterprises to provide information and documents and explain matters related to the contents of examinations and inspections;

b/ To propose measures to prevent, redress, remediate consequences of, and handle, violations;

c/ To request responsible agencies, organizations, units, enterprises and individuals to apply remedial measures, ensuring occupational safety and health, even requesting suspension of their operation when elements harmful or dangerous to the health or life of employees are detected at workplaces.

Article 16. Trade unions’ supervision

1. Trade unions’ supervision covers the activities of joining competent state bodies in carrying out supervision and the activities of assuming the prime responsibility for the supervision.

2. Trade union’s activities of joining competent state agencies in carrying out supervision must comply with the Law on the Vietnam Fatherland Front and other relevant laws.

3. Trade union’s activities of assuming the prime responsibility for the supervision are social activities, covering the monitoring, detection, consideration, evaluation and proposal in the formulation and implementation of policies and laws on trade unions, labor, employment, wage, social insurance, unemployment insurance, health insurance, occupational safety and health, collective labor agreements, and implementation of grassroots democracy, and other regimes, policies and laws directly related to the lawful and legitimate rights and interests of employees and trade union organizations.

4. Trade union’s activities of assuming the prime responsibility for the supervision over employers, agencies and organizations related to supervision contents must comply with this Law and other relevant laws, and adhere to the following principles:

a/ Ensuring objectivity, publicity and transparency;

b/ Stemming from legitimate requirements and aspirations of trade union members and employees;

c/ Not making overlaps in contents and time with examination and inspection activities and other supervision activities; not hindering the routine operations of employers, agencies or organizations subject to the supervision.

5. Trade union’s activities of assuming the prime responsibility for the supervision shall be carried out in the following forms:

a/ Studying and examining documents and reports of employers, agencies and organizations subject to the supervision;

b/ Holding dialogues with employers, and conferences of cadres, civil servants, public employees and workers in accordance with the law on grassroots democracy;

c/ Organizing activities of People’s Inspection Boards at agencies, units and state enterprises;

d/ Organizing supervision delegations.

6. When conducting activities of assuming the prime responsibility for the supervision, trade unions have the following rights and responsibilities:

a/ To formulate supervision programs and plans; such a program or project must state the contents, forms, objects, time and other contents necessary for the supervision;

b/ To notify in advance the supervision programs and plans and request employers and related agencies and organizations to report in writing or provide information and documents related to the supervision contents;

c/ To request employers, agencies and organizations subject to the supervision to exchange opinions and clarify necessary matters through the supervision;

d/ To propose employers, agencies and organizations subject to the supervision or competent persons to consider the application of measures to protect the lawful and legitimate rights and interests of employees, agencies, organizations and individuals, and the interests of the State;

dd/ To propose the examination of responsibilities of employers, agencies and organizations subject to the supervision, and of individuals with their violations detected through the supervision;

e/ To notify supervision results to employers, agencies and organizations subject to the supervision and related agencies, organizations and individuals;

g/ To be held responsible for post-supervision petition contents; to monitor and urge the settlement of post-supervision petitions; to consider and settle petitions about supervision results.

7. Employers, agencies and organizations subject to the supervision have the following rights and responsibilities:

a/ To be notified in advance of the supervision contents and plans;

b/ To arrange time and places for, and participants in the supervision, as required by supervision delegations;

c/ To exchange opinions and clarify the supervision contents within the ambit of their responsibilities;

d/ To propose the reconsideration of supervision results and post-supervision proposals when necessary;

dd/ To comply with the requests and proposals specified at Points b, c, d and dd, Clause 6 of this Article;

e/ To implement post-supervision proposals.

Article 17. Social criticism by trade unions

1. Trade unions have the right and responsibility to contribute opinions and make social criticism on drafts of legal documents, master plans, plans, programs, projects and schemes of state agencies that are directly related to the rights and interests of trade union members and employees.

Trade unions’ social criticism opinions shall be studied for making replies and explanations about replies in accordance with law.

2. Trade unions shall propose contents of social criticism and make social criticism in accordance with the Law on the Vietnam Fatherland Front and other relevant laws.

Article 18. To carry out public communication and education for employees

1. To disseminate the line and guidelines of the Party as well as policies and laws of the State that are related to trade unions, employees, Statute of the Vietnam Trade Union and other regulations.

2. To carry out public communication and education for employees to study and improve their political and cultural levels, professional qualifications and skills, working style, sense of observing laws, internal rules and regulations of agencies, organizations, units and enterprises, practice of gender equality, prevention and control of sexual harassments at workplaces, and to refrain from practicing stigma or discrimination.

3. To carry out public communication and education for employees to actively participate in patriotic emulation movements launched by chairpersons of trade unions at different levels and heads of agencies, organizations, units or enterprises to raise their productivity and working efficiency, practice thrift, combat waste, and prevent and fight corruption, negative practices and violations.

Article 19. To develop trade union members, grassroots trade unions, grassroots labor unions

1. Trade unions have the right and responsibility to develop trade union members, and establish grassroots trade unions or grassroots labor unions.

2. Provincial-level trade unions, trade unions of sector-based central agencies and the equivalent, and grassroots immediate superior trade unions have the right and responsibility to assign trade union officials to agencies, organizations, units, enterprises, cooperatives and unions of cooperatives to carry out public communication for and guide employees to join or establish grassroots trade unions.

3. Grassroots immediate superior trade unions shall carry out public communication for, meet with and guide persons working without industrial relations to join or establish grassroots labor unions.

4. Grassroots trade unions and grassroots labor unions shall carry out public communication for and meet with employees for them to join trade unions.

5. In case employees themselves establish grassroots trade unions or grassroots labor unions, the competent trade unions shall guide and assist the employees in setting up campaign boards for the establishment of grassroots trade unions or grassroots labor unions in accordance with the Statute of the Vietnam Trade Union.

6. Local administrations, specialized agencies under People’s Committees at all levels and other related agencies and organizations shall create favorable conditions for trade unions at different levels to exercise their rights and perform their responsibilities in carrying out public communication for employees to join or establish grassroots trade unions or grassroots labor unions.

Article 20. Trade unions’ rights and responsibilities toward employees in units where employees’ representative organizations at grassroots level are not yet available

1. In units where employees’ representative organizations at grassroots level are not yet available, trade unions have the right and responsibility to represent and protect the lawful and legitimate rights and interests of employees when so requested by the employees or when the employers are detected to show signs of infringing upon the lawful and legitimate rights and interests of employees, except the case specified in Clause 2 of this Article.

2. The organization of dialogues at workplaces and collective negotiations must comply with the labor law.

Section 2

RIGHTS AND RESPONSIBILITIES OF TRADE UNION MEMBERS

Article 21. Rights of trade union members

1. To request trade unions to represent and protect their lawful and legitimate rights and interests when such rights and interests are infringed upon.

2. To be informed of, discuss, propose, and vote on, matters of trade unions.

3. To be disseminated with the line and guidelines of the Party and policies and laws of the State that are related to trade unions, employees, and regulations of trade unions.

4. To stand as candidates for, nominate persons to, and elect leading bodies of trade unions in accordance with this Law and the Statute of the Vietnam Trade Union.

5. To question leading officials of trade unions at all levels, and propose the disciplining of violating trade union officials in accordance with the Statute of the Vietnam Trade Union.

6. To be provided by trade unions with free legal aid on matters related to the laws on trade unions, labor, employment, social insurance, unemployment insurance, health insurance, occupational safety and health, cadres, civil servants and public employees.

7. To be provided by trade unions with consultancy, guidance and assistance in seeking jobs, learning jobs, raising professional qualifications and occupational skills; to be assisted when suffering sickness, difficulties or accidents, or being on pregnancy or maternity regime, and to benefit from other welfare activities carried out by trade unions.

8. To participate in cultural, sport, sightseeing and tourist activities organized or jointly organized by trade unions.

9. To ask trade unions to propose agencies, organizations, units, enterprises, cooperatives and unions of cooperatives to implement regimes, policies and laws toward employees.

10. To benefit from the social house rent policy of the Vietnam General Confederation of Labor.

11. To be commended for their achievements in labor, production and trade union activities.

12. Other rights as provided by relevant laws and the Statute of the Vietnam Trade Union.

Article 22. Responsibilities of trade union members

1. To abide by and implement the Statute of the Vietnam Trade Union, and resolutions and regulations of trade unions; to participate in trade union activities and contribute to building strong trade unions.

2. To study for raising political and cultural levels, professional qualifications, occupational skills and working styles; to temper for improving the stuff of the working class; to live and work according to the Constitution and law.

3. To unite with and assist colleagues in labor activities and life; to raise labor productivity, quality and efficiency; to protect the lawful and legitimate rights and interests of employees and trade union organizations; to participate in establishing progressive, harmonious and stable industrial relations.

Chapter III

RESPONSIBILITIES OF THE STATE AND EMPLOYERS TOWARD TRADE UNIONS

Article 23. Responsibilities of the State toward trade unions

1. To ensure, support, coordinate with, and create conditions for, trade unions to perform their functions, rights and responsibilities in accordance with law.

2. To carry out public communication and education activities on the laws on trade unions and labor and regulations related to the rights and obligations of employees.

3. To inspect, examine, oversee, and handle acts of violating the laws on trade unions and labor and regulations directly related to the lawful and legitimate rights and interests of employees; to join trade unions in caring for, and guaranteeing the lawful and legitimate rights and interests of, employees.

4. To consult trade unions when formulating policies and laws directly related to trade unions and the rights and obligations of employees.

5. To coordinate with, and create conditions for, trade unions to participate in state management and socio-economic management, and represent and protect the lawful and legitimate rights and interests of employees; to adopt priority policies on recruitment of full-time trade union officials developed from the grassroots level and employees developed in workers’ movements and trade union activities.

6. To promptly handle trade union’s proposals related to the care for, and protection of, the lawful and legitimate rights and interests of employees and trade union activities.

7. The Government, ministries, ministerial-level agencies and local administrations shall provide necessary information and documents for trade unions to contribute their opinions and make social criticism in formulating policies, laws, master plans, plans, programs, projects and schemes of state agencies that are directly related to trade unions and the rights and interests of trade union members and employees.

Article 24. Relations of trade unions to the State and employers

The relations of trade unions to the State and employers are cooperation and coordination relations for performance of functions, tasks, rights and responsibilities of related parties in accordance with law, contributing to building progressive, harmonious and stable industrial relations.

Article 25. Employers’ responsibilities toward trade unions

1. To recognize, respect, facilitate, and not to obstruct employees’ lawful activities to establish, join, and participate in activities of, trade unions.

2. To coordinate with trade unions in performing the functions, rights, responsibilities and obligations of related parties in accordance with law.

3. To coordinate with trade unions of their respective agencies, organizations, units or enterprises in formulating, promulgating and realizing the regulations on coordination of activities between two sides.

4. To recognize, and create conditions for, grassroots trade unions to perform the rights and responsibilities in accordance with law.

5. To exchange and provide adequate, accurate and timely information related to the organization and operation in accordance with law when so requested by trade unions, unless otherwise provided by law.

6. To coordinate with trade unions in organizing dialogues and collective negotiations, concluding and implementing collective labor agreements and regulations on implementation of grassroots democracy, and organizing conferences of cadres, civil servants, public employees and workers in accordance with law.

7. To collect trade unions’ opinions before deciding on matters related to the rights and obligations of employees in accordance with law.

8. To coordinate with trade unions in settling labor disputes and matters related to the implementation of the labor law in accordance with law.

9. To facilitate activities of trade unions and trade union officials in accordance with law and pay trade union dues in accordance with this Law.

Chapter IV

GUARANTEE OF ACTIVITIES OF TRADE UNIONS

Article 26. Guarantee in terms of organizational apparatus and officials of trade unions

1. Trade unions at all levels are entitled to guarantee in terms of organizational apparatus and number of cadres, civil servants and public employees to perform the functions, rights and responsibilities in accordance with law.

2. The Vietnam General Confederation of Labor shall build the organizational structure, working positions and titles of trade union officials and submit them to competent agencies for decision or decide thereon by itself according to competence.

3. Based on the requirements and tasks of every grassroots trade union and the number of employees in agencies, organizations, units and enterprises, agencies competent to manage trade union officials shall decide on the arrangement of full-time trade union officials.

Article 27. Assurance of conditions for the operation of trade unions

1. Agencies, organizations, units and enterprises shall arrange working places, working facilities and necessary conditions for trade unions of the same level to operate.

2. Part-time trade union officials may use 24 working hours in a month, for chairpersons and vice chairperson of grassroots trade unions; or 12 working hours in a month, for executive members, heads and deputy heads of trade union groups, for trade union activities, and receive pay from employers. Depending on the size, type and characteristics of agencies, organizations, units or enterprises, the executive boards of grassroots trade unions and employers shall agree on longer duration for trade union activities.

3. Part-time trade union officials may take leaves and receive pay from employers for the days during which they attend congresses, meetings, conferences, seminars and training courses as summoned by superior trade unions; such leaves are not included in the duration specified in Clause 2 of this Article; expenses for travel, meal and accommodation during such days shall be paid by the summoning trade unions.

4. Part-time trade union officials salaried by employers are entitled to responsibility-based allowances for trade union officials under regulations of the Vietnam General Confederation of Labor.

5. Full-time trade union officials salaried by trade unions have their interests and collective welfares guaranteed by employers like employees working in agencies, organizations, units or enterprises.

Article 28. Guarantee for trade union officials

1. In case labor contracts or working contracts expire while employees as part-time trade union officials still serve in the trade union term, such labor contracts or working contracts may be extended to the end of the trade union term.

2. Employers may not unilaterally terminate labor contracts or working contracts with, sack, dismiss or transfer part-time trade union officials to other jobs before obtaining the written agreements of immediate superior trade unions. If unable to reach agreement, both sides shall report thereon to competent agencies or organizations. After 30 days from the date of reporting such to competent agencies or organizations, the employers may make decisions and take responsibility for their decisions.

3. In case employees as part-time trade union officials have their labor contracts or working contracts terminated or are sacked or dismissed illegally by employers, trade unions shall request competent state agencies to intervene or the legal representatives shall file labor cases or matters at courts to protect the lawful rights and interests of trade union officials, unless the trade union officials refuse.

If unable to resume their former jobs, part-time trade union officials will be assisted by trade unions in seeking new jobs and receive support in cash from trade unions’ financial sources for the interrupted working duration under regulations of the Vietnam General Confederation of Labor.

Article 29. Finance of trade unions

1. Financial sources of trade unions include:

a/ Trade union fees paid by trade union members under the Statute of the Vietnam Trade Union;

b/ Trade union dues paid by agencies, organizations, units, enterprises, cooperatives or unions of cooperatives, which is equal to 2% of the salary funds used as a basis for payment of compulsory social insurance premiums for employees;

c/ State budget allocations as support;

d/ Other revenue sources from cultural, sports and economic activities of trade unions; schemes and projects assigned by the State; and lawful aid and donations of domestic and foreign organizations and individuals in accordance with law.

2. The Government shall stipulate the mode, time limit and sources for payment of trade union dues; cases of non-payment or delayed payment of trade union dues; and contents of state budget allocations as support specified at Point c, Clause 1 of this Article.

Article 30. Trade union due payment exemption, reduction or suspension

1. Enterprises, cooperatives and unions of cooperatives which undergo dissolution or bankruptcy under law will be considered for exemption from the unpaid amounts of trade union dues.

2. Enterprises, cooperatives and unions of cooperatives which face difficulties due to economic reasons or force majeure events will be considered for reduction of payable trade union dues.

3. In case enterprises, cooperatives and unions of cooperatives face difficulties and have to suspend their production and business activities, thus making them unable to pay trade union dues, they will be considered for suspension of trade union due payment for no more than 12 months.

Upon the expiration of the payment suspension duration, enterprises, cooperatives and unions of cooperatives shall continue paying trade union dues and make offset payment of trade union dues for the payment suspension duration. The deadline for offset payment is the last day of the month following the month in which the payment suspension ends. The amount used for offset payment is equal to the payable amount for the months of payment suspension.

4. The Government shall reach agreement with the Vietnam General Confederation of Labor to provide the exemption, reduction, and suspension of payment, of trade union dues; and specify other contents of this Article.

Article 31. Management and use of finance of trade unions

1. Trade unions’ finance shall be used in service of trade union activities and in adherence to the following principles:

a/ The management and use of trade unions’ finance must comply with the principles of centralization, publicity, transparency, thrift, and efficiency, with decentralization of powers for management, and association of the rights and responsibilities of trade unions at all levels;

b/ Trade union organizations at all levels shall conduct accounting, statistics, reporting, and account-finalization of trade unions’ finances in accordance with the laws on accounting and statistics;

c/ Trade unions shall manage and use trade unions’ finances under law and regulations of the Vietnam General Confederation of Labor.

2. Trade unions’ finance shall be used for the following tasks:

a/ Representing and protecting the lawful and legitimate rights and interests of trade union members and employees; participating in building progressive, harmonious and stable industrial relations;

b/ Disseminating and educating the line and guidelines of the Party and policies and laws of the State; raising professional qualifications, occupational skills and working style for trade union members and employees;

c/ Visiting and assisting trade union members and employees when they suffer sickness, difficulties or accidents or are on maternity regime; organizing other care activities for trade union members and employees;

d/ Developing trade union members, establishing grassroots trade unions or grassroots labor unions and building strong and firm trade unions;

dd/ Training and further training trade union officials; training and further training outstanding employees as sources of personnel for the Party, the State and trade union organizations;

e/ Organizing emulation movements with trade unions acting as in-charge or coordinating organizations;

g/ Organizing cultural, sports, sightseeing and tourist activities for trade union members and employees;

h/ Commending and encouraging employees or their children who have recorded achievements in working or study;

i/ Building social houses for lease to trade union members and employees; and relevant cultural, sports and technical infrastructure facilities in service of trade union members and employees in accordance with law;

k/ Carrying out gender equality promotion activities in conformity with the functions and tasks of trade union organizations;

l/ Conducting scientific and technological research, innovation and digital transformation of trade union organizations;

m/ Spending for administrative management in service of operation of the trade union organizations at all levels, and international cooperation activities of trade unions;

n/ Paying salaries, allowances and salary-based payments for full-time trade union officials, and allowances for part-time trade union officials;

o/ Assisting part-time trade union officials during their work interruption or when they are unable to resume former jobs as employers terminate labor contracts or working contracts with them, or sack or dismiss them illegally;

p/ Assisting grassroots trade unions which are eligible for trade union due exemption, reduction or payment suspension specified in Article 30 of this Law in order to care for trade union members and employees;

q/ Carrying out social activities with trade unions acting as in-charge or coordinating agencies;

r/ Other tasks specified by law.

3. The formulation and execution of estimates, accounting, account-finalization and publicity of state budget allocations as support must comply with the laws on the state budget, accounting, and statistics.

4. The Vietnam General Confederation of Labor shall decentralize powers for collection and distributions of trade union dues. In units where employees’ organizations at enterprises are available, the amounts of trade union dues reserved for the grassroots level shall be distributed to employees’ organizations at enterprises based on the number of members of these organizations who participate in compulsory social insurance, the paid amounts, and the total number of employees at enterprises participating in compulsory social insurance.

5. After reaching agreement with the Government, the Vietnam General Confederation of Labor shall promulgate norms, quotas, regimes of spending, and management and use of trade unions’ finances in conformity with the task requirements of trade unions.

6. The Government shall provide in detail the management and use of trade union dues by employees’ organizations at enterprises.

Article 32. Trade unions’ assets

1. Assets as contributions of trade union members; capital sources of trade unions; and trade unions’ finances; assets assigned in kind by the State; and assets invested or procured with state budget funds or other sources in accordance with law are assets of trade unions.

2. Management, use and exploitation of trade unions’ assets:

a/ The management, use and exploitation of trade unions’ assets at the Vietnam General Confederation of Labor and provincial-level labor federations; trade unions of sector-based central agencies and the equivalent; district-level federations; trade unions of sector-based local agencies; trade unions of economic groups; trade unions of corporations; trade unions of industrial parks, export processing zones, economic zones and hi-tech parks; non-business units of trade unions; enterprises with 100% charter capital held by trade union organizations, and enterprises with more than 50% of charter capital or total voting shares held by trade union organizations must comply with the law on management and use of public assets and other relevant laws;

b/ The management, use and exploitation of trade unions’ assets other than those specified at Point a of this Clause must comply with relevant legal provisions and regulations of the Vietnam General Confederation of Labor.

3. The Vietnam General Confederation of Labor shall exercise the rights and perform the responsibilities of owners or owners’ representative agencies with regard to enterprises with 100% charter capital held by the Vietnam General Confederation of Labor and its capital portions at enterprises established under trade unions’ decisions or assigned to trade unions for management. 

Article 33. Examination, inspection, auditing and supervision of trade unions’ finances

1. The management and use of trade unions’ finances at trade unions of all levels are subject to examination and auditing according to regulations of the Vietnam General Confederation of Labor in accordance with the law on audit and relevant laws.

2. Superior trade unions shall guide, examine and supervise the implementation of finance-related tasks by subordinate trade unions in accordance with law and regulations of the Vietnam General Confederation of Labor.

3. Competent agencies shall inspect, examine and supervise the management and use of trade unions’ finances in accordance with law.

4. Once every two years, the Vietnam General Confederation of Labor shall report to the National Assembly on the collection, payment, management and use of trade unions’ finances.

5. Once every two years, the State Audit Office of Vietnam shall audit the management and use of trade unions’ finances and report on the results thereof to the National Assembly simultaneously with submitting the reports specified in Clause 4 of this Article; and conduct unscheduled audits at the request of the National Assembly and the National Assembly Standing Committee.

Article 34. Publicity of trade unions’ finances

Trade unions at all levels shall annually make their finances public at conferences of trade unions’ executive boards, and simultaneously in one of the following forms:

1. Displaying notices at head offices of agencies, organizations, units and enterprises.

2. Sending written notices to related agencies, organizations, units, enterprises and individuals;

3. Making notification at annual conferences of cadres, civil servants, public employees and workers;

4. Uploading information on websites of agencies, organizations, units and enterprises.

Chapter V

SETTLEMENT OF DISPUTES OVER TRADE UNION RIGHTS, HANDLING OF VIOLATIONS OF THE LAW ON TRADE UNIONS

Article 35. Settlement of disputes over trade union rights

1. The settlement of disputes over trade union rights in industrial relations must comply with the labor law.

2. The settlement of disputes over trade union rights in other relations must comply with relevant laws.

3. For disputes over trade union rights related to the non-performance or refusal of performance of responsibility of employers toward trade unions other than those specified in Clauses 1 and 2 of this Article, grassroots trade unions or immediate superior trade unions shall propose competent state agencies to settle the disputes in accordance with law.

Article 36. Handling of violations of the law on trade unions

1. Agencies, organizations, units, enterprises and individuals that commit acts of violating this Law and other legal provisions related to trade unions shall, depending on the nature and severity of their violations, be disciplined, administratively sanctioned or examined for penal liability; if causing damage, they shall pay compensations under provisions of law.

2. The Government shall provide the administrative sanctioning of acts of violating the law on trade unions.

Chapter VI

IMPLEMENTATION PROVISIONS

Article 37. Effect

This Law takes effect on July 1, 2025.

Law No. 12/2012/QH13 on Trade Unions ceases to be effective on the date this Law takes effect.

This Law was passed on November 27, 2024, by the 15^th National Assembly of the Socialist Republic of Vietnam at its 8^th session.-

Chairman of the National Assembly
TRAN THANH MAN