Law on Trade Unions No. 50/2024/QH15

LAW

On Trade Unions

Pursuant to the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates the Law the Trade Unions.

Chapter I

GENERAL PROVISIONS

Article 1. Vietnam Trade Union

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

Article 2. Scope of regulation

This Law prescribes the functions, tasks, powers and responsibility of Vietnam Trade Union; the laborers’ rights to establish, join and participate in trade union activities; the admission to Vietnam Trade Union of organizations of laborers at enterprises; the rights and responsibilities of trade union members; responsibilities of the State, agencies, organizations, units, enterprises and employers towards the trade unions; to ensure the operation of trade unions; to settle disputes and handles violations of law on trade unions.

Article 3. Subjects of application

This Law applies to trade unions of all levels, state agencies, political organizations, socio-political organizations, socio-political- professional organizations, socio-professional organizations, units, enterprises, other organizations employing laborers under the labor law, foreign agencies and organizations, international organizations operating in the Vietnamese territory (herein after referred collectively to as agencies, organizations, units, enterprises); organizations of laborers at enterprises, trade union members, laborers and other organizations, 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 mean the rights to establish, join and operate trade unions of laborers, trade union members and the rights of trade union organizations as prescribed by law and competent agencies.

2. Grassroots trade unions mean grassroots organizations of Vietnam Trade Union, rallying trade union members in one or a number of agencies, organizations, units or enterprises, which are recognized by immediate superior trade unions or provincial-level trade unions, ministerial-level agency trade unions and the equivalent as provided by law and Vietnam Trade Union’s Statute

3. Grassroots labor unions mean the grassroots organizations of Vietnam Trade Union, rallying laborers without labor relations, in the same sectors, occupations or other particular laborers, which are recognized by the immediate superior trade unions according to law and Vietnam Trade Union’s Statute.

4. Grassroots immediate superior trade unions mean a level in the organizational system of Vietnam Trade Union, which directly exercises the workers’ rights and directs the operation of grassroots trade unions and grassroots labor unions according to law and Vietnam Trade Union’s Statute.

5. Trade union officials mean Vietnamese citizens elected, recruited, designated or appointed to perform tasks of trade union organizations. Trade union officials comprise:

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

b/ Part-time trade union officials are persons, who are elected by trade unions at different levels or designated by competent trade union authorities to the position of from deputy-head of trade union team or higher for part-time work of trade union organizations.

6. Trade union members mean laborers admitted or recognized into Vietnam Trade Union in accordance with Vietnam Trade Union’s Statute.

7. Employers mean agencies, organizations, units, enterprises, cooperatives, unions of cooperatives, family households and individuals, that hire, recruit and employ laborers and pay wages, remunerations according to law.

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

9. Vietnam Trade Union’s Statute means the document adopted by Vietnam Trade Union Congress, prescribing the guiding principles, purposes, principles on organization and operation, organizational structure of Vietnam Trade Union; conditions, order and procedures for establishment, admission, dissolution and termination of trade union operation; trade union finance and property; other contents related to trade union organization and operation. Vietnam Trade Union’s Statute must not run counter to the provisions of the Constitution, laws and regulations of competent agencies.

Article 5. Rights to establish, join and operate trade unions

1. Vietnamese laborers are entitled to establish, join and involve in activities of, trade unions.

2. Laborers being foreign citizens and working in Vietnam under labor contracts of full 12 months or longer may join and involve in activities of grassroots trade unions.

3. The establishment of, admission into, and involvement in activities of, trade unions comply with Vietnam Trade Union’s Statute, this Law and relevant legal provisions.

Article 6. The admission into Vietnam Trade Union of organizations of laborers at enterprises

Organizations of laborers at enterprises, which are established and operate lawfully and voluntarily approve Vietnam Trade Union’s Statute, are entitled to join Vietnam Trade Union; the admission into Vietnam Trade Union is provided as follows:

1. The dossiers of admission into Vietnam Trade Union comprise:

a/ The written application for admission into Vietnam Trade Union;

b/ Copies of documents evidencing the legitimacy of organizations of laborers at enterprises;

c/ Documents showing the decisions of organizations of laborers at enterprises to join Vietnam Trade Union; the procedures to adopt the decisions to join Vietnam Trade Union comply with provisions of labor law;

d/ Lists with signatures of members voluntarily joining Vietnam Trade Union;

dd/ Documents, agreements prescribed by relevant laws on the settlement of interests and obligations of organizations of laborers at enterprises and members of their organizations related to the organizations of laborers at enterprises.

2. Order and procedures for joining Vietnam Trade Union shall be as follows:

a/ Organizations of laborers at enterprises send the dossiers prescribed at Clause 1 of this Article to competent trade unions of provincial-level, ministerial-level agencies and the equivalent;

b/ Upon receiving the complete dossiers prescribed at Clause 1 of this Article, the competent trade unions of provincial level, ministerial-level agencies and the equivalent shall consider and recognize the admission of organizations of laborers at enterprises into Vietnam Trade Union; in case of non-recognition, they must reply in writing and clearly state the reasons there for;

3. Upon recognition of their admission into Vietnam Trade Union:

a/ Organizations of laborers at enterprises naturally terminate their operation in the capacity as organizations of laborers at enterprises. The trade unions of provincial level, ministerial-level agencies and the equivalent shall notify the recognition results to state management agencies competent to issue registration for recovery of granted registration.

b/ Laborers being members of organizations of laborers at enterprises, who voluntarily and are fully qualified to join Vietnam Trade Union according to its Statute, will be recognized as trade union members;

4. Vietnam Labor Confederation shall guide the admission into Vietnam Trade Union of organizations of laborers at enterprises prescribed at this Article.

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

1. Trade unions are established on the basis of voluntariness; their organization and operation comply with the principle of centralized democracy; cooperate and coordinate with employers while ensuring the independence of trade union organizations.

2. Trade unions are organized and operate under Vietnam Trade Union’s Statute, in conformity with the lines and undertakings of the Party and the policies and laws of the State.

Article 8. Organizational system of Vietnam Trade Union

1. Vietnam Trade Union is a unified organization comprising the following four levels:

a/ The central level is Vietnam Labor Confederation;

b/  The trade unions of provincial level, ministerial-level agencies and equivalent include provincial/municipal labor federations (herein after referred to as provincial-level labor federations); trade unions of ministerial-level agencies; trade unions of economic groups, trade unions of corporations attached to Vietnam Labor Confederation;

c/ The grassroots immediate superior trade unions include labor federations of rural districts, urban districts, provincial towns, provincial/municipal cities (herein after referred to as district-level labor federations); trade unions of local sectors; trade unions of economic groups or corporations other than those defined at Point b of this Clause; trade unions of industrial parks, export processing zones, economic zones, hi-tech parks; other grassroots immediate superior trade unions as prescribed by Vietnam Trade Union’s Statute;

d/ Grassroots-level trade unions include grassroots trade unions, grassroots labor unions.

2. Vietnam Labor Confederation decides the establishment and determines the trade union levels with regard to special administrative-economic units on the basis of decisions of the National Assembly on the establishment of special administrative-economic units.

3. Trade union organizational model is built towards openness, flexibility, conformity with the legitimate aspirations and demands of trade union members, laborers, with the practical requirements and legal provisions. Vietnam Labor Confederation shall guide the implementation of contents prescribed at this Clause.

4. Conditions, order and procedures for establishment, dissolution and termination of trade-union organizations’ operation shall comply with Vietnam Trade Union’s Statute.

Article 9. International cooperation on trade union

1. International cooperation on trade union must conform to the lines and undertakings of the Party, external-relation policies, the Constitution, laws, regulations on people-to-people external relation activities and international treaties which the Socialist Republic of Vietnam has acceded to.

2. Trade union international cooperation is carried out on the basis of respect for each other’s independence, sovereignty and territorial integrity, ensuring 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 Vietnam Trade Union on international arena.

3. The trade union international cooperation contents include:

a/ Information and propagation on lines, undertakings, external-relation policies, socio-economic development achievements of the  country;

b/ Training and fostering for higher capability of trade union officials;

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

d/ Establishing cooperative relations, negotiating, concluding and implementing bilateral, multi-lateral commitments and agreements; representing at national level the laborers to attend international forums; participate in activities of, join or withdraw from, international trade union organizations;

dd/ Mobilizing, coordinating, approving, receiving, managing the use of aids, donations, technical assistance of international partners for trade union under provisions of law;

e/ Accepting and presenting awards of various forms;

g/ Conducting other people-to-people external relation activities in accordance with the functions and tasks of Vietnam Trade Union.

4. Vietnam Labor Confederation shall guide and manage international cooperation activities under this Law and other relevant laws.

Article 10. Forbidden acts

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

2. Discriminating against laborers and trade union officials for the reasons of establishing, joining or operating trade unions, including the following acts:

a/ Requesting to join, not to join or withdraw from Vietnam Trade Union for recruitment, conclusion or extension of labor contracts, working contracts;

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

c/ Committing discrimination in wages, bonuses, welfares, working time, other rights and obligations in labor;

d/ Committing bias and discrimination regarding gender, ethnic group, religion, belief and other discriminations in labor;

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

e/ Promising, providing material benefits, non-material benefits so that laborers, trade union officials not to take part in trade union activities, to stop working as trade union officials or act against trade unions;

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

h/ Other acts as prescribed by law.

3. Applying economic measures, moral threats or other measures in disfavor of trade union organizations, interfering in, manipulating the process of establishment, activities of trade unions, weakening or invalidating the functions, tasks, rights and obligations of trade unions.

4. Not ensuring conditions for trade union activities and trade union officials as provided by law.

5. Not paying trade union funds; delaying the payment of trade union funds; paying trade union funds not according to prescribed levels; paying trade union funds at variance with the number of eligible people; managing, using trade union funds against regulations.

6. Receiving aids, donations, technical assistance in contravention of legal provisions.

7. Abusing trade union rights to violate laws, infringe upon the interests of the State; the legitimate rights and interests of agencies, organizations, units, enterprises, individuals.

8. Supplying false information on, arousing or defaming trade union organization and operation.

                                 Chapter II

          RIGHTS AND RESPONSIBILITY OF TRADE UNIONS

                          AND TRADE UNION MEMBERS

                                   Section 1

           RIGHTS AND RESPONSIBILITY OF TRADE UNIONS

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

1. Vietnam Trade Union is the only organization representing the laborers at national level in labor relations; is the member of committee, steering committee and national council related to the legitimate rights and interests of laborers and the rights and responsibility of trade union organizations.

2. To represent the labor collectives in collective negotiations, conclusion and supervision of the implementation of collective labor contracts according to provision of labor law.

To proactively come to term with employers, employer- representing organizations on supports, regimes and conditions more favorable than those prescribed by the labor law.

3. To act as representative at law for labor collectives to initiate labor cases and matters at courts when the latter’s lawful and legitimate rights and interests are infringed upon.

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

1. To represent laborers, labor collectives in civil or administrative procedures of labor, administrative or corporate bankruptcy cases in order to protect the legitimate rights and interests of laborers, labor collectives as provided by law.

2. To participate in formulating, promulgating and overseeing the implementation of wage scales, wage tables, labor quotas; wage payment regulations, bonus regulations; labor rules; plans, internal regulations, process and measures to ensure labor safety and hygiene; regulations on practice of democracy in agencies, organizations, units, enterprises, and other documents as well as contents prescribed by law.

3. To coordinate with employers in organizing conferences of cadres, civil servants, public employees and laborers under the provisions of law on practice of grassroots democracy.

4. To hold talks at the working places with employers on matters related to the legitimate rights and interests as well as obligations of laborers as prescribed by law.

5. To organize activities of caring for, improving the material and spiritual lives; to inspirit, reward and assist laborers upon their sickness, maternity, difficulties, mishaps, and other care-taking activities for trade union members and laborers.

6. To support laborers in vocational training, job seeking; to guide and advise them on their rights and obligations when signing and implementing labor contracts, working contracts.

7. To organize legal-aid activities for trade union members, laborers. Forms of legal aids include:

a/ Legal advices through providing guidance, opinions and assistance in drafting documents related to disputes, complaints, legal problems; guiding and assisting parties in reconciliation, negotiation, agreement on ways to solve matters and cases;

b/ To take part in legal procedures in the capacity as protectors of legitimate rights and interests or as counsels as prescribed by procedural law;

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

8. To invest in building social houses, cultural and sport facilities, relevant technical infrastructures in service of trade union members and laborers as provided by law.

9. To ensure gender equality with measures to promote gender equality in representing, caring for and protecting the legitimate rights and interests of trade union members and laborers.

10. To direct, guide activities of the People’s Inspection Boards in agencies, units, state enterprises under the provisions of law on practice of democracy at the grassroots.

11. To manage and guide activities of networks of labor safety and hygiene members, participating in the investigation of labor accidents under legal provisions on labor safety and hygiene.

12. To join competent agencies, organizations and individuals in settling labor disputes under provisions of law.

13. To petition competent agencies, organizations, individuals for consideration and settlement when the legitimate rights and interests of labor collectives or laborers are infringed upon.

14. To organize and lead labor strikes under provisions of law.

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

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

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

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

4. To perform the right and responsibility of trade unions in labor safety and hygiene activities according to the law on labor safety and hygiene.

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

6. To supply, connect and share information, data on trade union activities with state management agencies as provided by law.

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

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

Article 13. To submit draft laws, ordinances, resolutions and legislative petitions

1. Vietnam Labor Confederation is entitled to submit to the National Assembly Standing Committee and the National Assembly the proposals on building laws, ordinances, resolutions; to submit draft laws, draft resolutions before the National Assembly, to submit draft ordinances, draft resolutions before the National Assembly Standing Committee.

2. Trade unions at different levels are entitled to petition competent state agencies to formulate, amend or supplement policies and laws related to trade unions, rights and obligations of laborers.

Article 14. To attend sessions, meetings and conferences

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

2. Chairmen of provincial/district-level labor federations are invited to attend sessions, conferences, meetings of the Standing Boards of the People’s Councils, the People’s Councils and the People’s Committees of the same level, and of relevant agencies or organizations upon discussing matters related to the rights and interests of trade union members, laborers, trade union organizations and socio-economic development in localities.

3. Chairmen of trade unions of ministerial-level agencies and localities; trade unions of economic groups, trade unions of corporations; trade unions of industrial parks, export-processing zones, economic zones, hi-tech parks and other grassroots intermediate superior trade unions are invited to attend meetings, conferences of relevant professional bodies, agencies or organizations upon discussing matters related to the rights and obligations of trade union members, laborers and trade union organizations.

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

Article15. To participate in the examinations, inspections of activities of agencies, organizations, units, enterprises.

1. Trade unions have the responsibility to join and coordinate with competent state bodies 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, medical insurance, labor safety and hygiene and other regimes, policies and laws related to the rights and obligations of laborers.

2. Upon examining, inspecting the contents directly related to the legitimate rights and interests of laborers and trade union organizations, the competent state bodies shall invite trade union representatives to participate.

3. When participating in examinations and inspections, trade union 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 supply information and documents and to explain matters related to the contents of examinations and inspections;

b/ To propose measures for prevention, redress, consequence remedies and handling of law violations;

c/ To request agencies, organizations, units, enterprises and responsible individuals to apply remedial measures, ensuring the labor safety and hygiene, including cases of suspended operation where elements harmful or dangerous to the health or lives of laborers are detected at the working places.

Article 16. Trade unions’ supervision

1. Trade unions’ supervision covers the activities of joining competent state bodies in supervisions and the activities of sponsoring the supervisions.

2. Trade union’s activities of joining competent state bodies in supervisions comply with the provisions of the Law on Vietnam Fatherland Front and provisions of relevant laws.

3. Trade union’s activities of sponsoring the supervisions of  social character cover monitoring, detection, consideration, evaluation, petition in the formulation and implementation of policies, laws on trade unions, labor, employment, wage, social insurance, unemployment insurance, medical insurance, labor safety and hygiene, collective labor agreements, practices of grassroots democracy and other regimes, policies and laws directly related to the legitimate rights and interests of laborers, trade union organizations.

4. Trade union’s activities of sponsoring the supervisions over employers, agencies and organizations related to supervision contents shall comply with the provisions of this Law, other relevant laws and the following principles:

a/ Objectiveness, publicity and transparency;

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

c/ Not coinciding in contents and time with other activities of examination, inspection and supervision; not hindering routine activities of employers, agencies or organizations under supervision.

5. Trade union’s activities of sponsoring supervisions are carried out in the following forms:

a/ Study, examination of documents, reports of the supervised employers, agencies or organizations;

b/ Through dialogues with employers, conferences of cadres, civil servants, public employees and laborers as provided by the law on practice of grassroots democracy;

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

d/ Organizing the supervision delegations.

6. When conducting activities of sponsoring the supervisions, the trade unions have the following rights and responsibilities:

a/ To formulate supervision programs, plans covering the contents, forms, objects, time and other necessary contents for implementation of the supervisions;

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

c/ To request the supervised employers, agencies and organizations to exchange ideas and clarify necessary matters through supervisions;

d/ To petition the supervised employers, agencies and organizations or competent persons to consider the application of measures to protect the legitimate rights and interests of laborers, agencies, organizations and individuals, the interests of the State;

dd/ To propose the examination of liabilities of supervised employers, agencies and organizations, individuals with law-breaking acts detected through supervisions;

e/ To notify the supervision results to the supervised employers, agencies, organizations and relevant bodies, organizations and individuals;

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

7. Supervised employers, agencies and organizations have the following rights and responsibilities:

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

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

c/ To exchange ideas and clarify the supervision contents within the ambit of their responsibility;

d/ To be entitled to petition the reconsideration of supervision results, post-supervision proposals when necessary;

dd/ To implement the requests, petitions prescribed at Points b, c, d and dd of  Clause 6 of this Article;

e/ To implement the post-supervision proposals.

Article17. Social criticisms of trade unions

1. Trade unions have the right and responsibility to contribute opinions and social criticisms on draft normative documents, master plans, plans, programs, projects and schemes of state agencies, which are directly related to the rights and interests of trade union members and laborers.

Social criticisms of trade unions are studied, accepted and expounded under provisions of law.

2. Trade unions shall propose contents of social criticisms and make social criticisms under the provisions of the Law on Vietnam Fatherland Front and other relevant legal provisions.

Article 18. Propagation, agitation and education of laborers

1. To propagate the lines, undertakings of the Party, policies and laws of the State, which are related to trade unions, laborers, Vietnam Trade Union’s Statute and other regulations.

2. To propagate, agitate and educate laborers to study and heighten their political, cultural levels, professional qualifications and skills, working style, sense of observing laws, internal rules, regulations of agencies, organizations, units or enterprises, sense of gender equality, prevention and fighting of sexual harassments at working places, non-bias, non discriminations.

3. To propagate, agitate and educate laborers to actively participate in patriotic emulation movements launched by trade union chairmen at different levels and heads of agencies, organizations, units or enterprises to raise their labor productivity and working efficiency, to practice thrift, combat wastefulness, to prevent and fight corruption, negative phenomenon and law 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, establish grassroots trade unions, grassroots labor unions.

2. Trade unions of provincial level, ministerial-level agencies and the equivalent, grassroots immediate superior trade unions have the right and responsibility to dispatch trade union officials to agencies, organizations, units, enterprises, cooperatives and unions of cooperatives to propagate, mobilize and guide the laborers to join and establish grassroots trade unions.

3. Grassroots immediate superior trade unions shall propagate, agitate, meet and guide laborers working without labor relations to join and establish grassroots labor unions.

4. Grassroots trade unions, grassroots labor unions shall propagate, mobilize and meet with laborers for admission into the trade unions.

5. Where laborers themselves set up grassroots trade unions, grassroots labor unions, the trade unions shall guide and assist them in setting up the committees to campaign for the establishment of grassroots trade unions, grassroots labor unions according to Vietnam Trade Union’s Statute.

6. Local administrations, professional bodies of the People’s Committees at all levels and other relevant agencies as well as organizations create favorable conditions for trade unions at different levels to perform their right and responsibility in propagating and agitating the laborers to join, establish grassroots trade unions, grassroots labor unions.

Article 20. Trade unions’ right and responsibility towards laborers at places where the organizations representing the laborers at establishments are not yet available

1. At places where the organizations representing the laborers at the establishments are not yet available, the trade unions have the right and responsibility to represent and protect the legitimate rights and interests of the laborers when so requested by the laborers or where the employers are detected with signs of infringing upon the legitimate rights and interests of laborers, except for cases defined at Clause 2 of this Article.

2. The organization of dialogues at work places and collective negotiations complies with the provisions of labor law.

                              Section2

 RIGHTS AND RESPONSIBILITIES OF TRADE UNION MEMBERS

Article 21. Rights of trade union members

1. To request the trade unions to represent and protect their legitimate rights and interests upon the infringement thereof.

2. To be informed of, to discuss, propose and vote on, trade union activities.

3. To be propagated and disseminated with the lines and undertakings of the Party, policies and laws of the State, which are related to trade unions, laborers, and regulations of the trade unions.

4. To stand as candidates for, nominate people into, and elect leading bodies of the trade unions as provided by this Law and Vietnam Trade Union’s Statute.

5. To question trade union officials at different levels, to petition the disciplining of trade union officials who commit mistakes according to provisions of Vietnam Trade Union’s Statute.

6. To be provided with free legal aids by the trade unions on trade  union, labor, employment, social insurance, unemployment insurance, medical insurance, labor safety and hygiene, cadres, civil servants, public employees.

7. To be provided with consultancy, guidance and assistance by the trade unions in seeking jobs, learning jobs, raising the professional qualifications, occupational skills; to be visited and assisted upon ailments, maternity, difficulties, accidents 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 the trade unions.

9. To propose the trade unions to petition agencies, organizations, units, enterprises, cooperatives, unions of cooperatives to implement regimes, policies and laws towards laborers.

10. To enjoy the social-house leasing policy of the Vietnam Labor Confederation.

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

12. Other rights as prescribed by relevant laws and Vietnam Trade Union’s Statute.

Article 22. Responsibility of trade union members

1. To abide by and implement Vietnam Trade Union’s Statute, resolutions and regulations of trade unions; to take part in trade union activities, to strongly build trade unions.

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

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

Chapter III

RESPONSILITIES OF THE STATE, THE EMPLOYERS TOWARDS TRADE UNIONS

Article 23. Responsibility of the State towards trade unions

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

2. To propagate, disseminate and educate law on trade union, labor and other legal provisions related to the rights and obligations of laborers.

3. To inspect, examine, oversee and handle acts of breaching laws on trade union, labor and other relevant laws directly related to the legitimate rights and interests of laborers; to join trade unions in caring for, and ensuring the legitimate rights and interests of laborers,

4. To collect the trade unions’ comments when formulating policies and laws directly related to trade unions and the rights and obligations of laborers.

5. To coordinate with, and create conditions for, trade unions to participate in state management and socio-economic management, to represent and protect the legitimate rights and interests of laborers; to work out priority policies on recruiting full-time trade union officials rising from establishments, laborers rising in workers’ movements and trade union activities.

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

7. The Government, ministries, ministerial-level agencies and local administrations shall provide information and necessary documents for trade unions to contribute their comments and social criticisms in elaborating policies, laws, planning, plans, programs, projects and schemes of state agencies, which are directly related to trade unions, the rights and interests of trade union members and  laborers.

Article 24. Trade union’s relations with the State, the employers

The relations between Trade Union and the State as well as employers are the relations of corporation and coordination for performance of functions, tasks, rights and responsibilities of the parties concerned as provided by law, contributing to building the progressive, harmonious and stable labor relations.

Article 25. Employers’ responsibility towards trade unions

1. To accept, respect, facilitate and not to obstruct laborers’ lawful activities to establish, join and conduct trade union activities.

2. To coordinate with trade unions in performing the functions, rights, responsibilities and obligations of parties concerned as provided by 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 accept and create conditions for grassroots trade unions to perform the rights and responsibilities as provided by law.

5. To exchange, provide adequate, accurate and timely information related to the organization and operation as prescribed by law upon requests of trade unions, except otherwise provided by law.

6. To coordinate with trade unions in organizing dialogues, collective negotiations, conclusion and implementation of collective labor agreements and regulations on practice of grassroots democracy, organizing conferences of cadres, civil servants, public employees and laborers under provisions of law.

7. To gather trade unions’ opinions before deciding on matters related to the rights and obligations of laborers as provided by law.

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

9. To ensure conditions for activities of trade unions and trade union officials as prescribed by law and pay union fund under the provisions of this Law.

                                      Chapter IV

             GUARANTY OF TRADE UNION’S ACTIVITIES

Article 26. Guaranty of trade union’s organizational apparatus and officials

1. Trade unions at all levels are guaranteed in organization of their apparatus and the number of cadres, civil servants, public employees to perform the functions, rights and responsibilities as provided by law.

2. Vietnam Labor Confederation builds the organizational structure, working positions and titles of trade union officials for submission to competent bodies for decision or decides thereon by itself according to competence.

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

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

1. Agencies, organizations, units and enterprises shall arrange working places, 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 chairmen, vice-chairmen of grassroots trade unions; 12 working hours in a month, for executive members, trade union team leaders and deputy-leaders for trade union activities, and are paid by employers. Depending on the sizes, types and natures of agencies, organizations, units or enterprises, the executive boards of grassroots trade unions and the employers shall agree on longer duration.

3. Part-time trade union officials are relieved from working and salaried by the employers on the days they attend congresses, meetings, conferences, seminars, trainings under the summons of superior trade unions, which are not counted in the time prescribed at Clause 2 of this Article; expenses for travel, meal, accommodation and activities during such days shall be paid by the summoning trade unions.

4. Part-time trade union officials salaried by employers shall enjoy responsibility allowances of trade union officials under regulations of Vietnam Labor Confederation.

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

Article 28. Guaranty for trade union officials

1. Where labor contracts or working contracts expire while laborers being part-time trade union officials still serve in the trade-union terms, they shall have their labor contracts or working contracts extended to the end of the trade union terms.

2. Employers are not allowed to unilaterally terminate labor contracts, working contracts with, to sack, dismiss or transfer  part-time trade union officials to other jobs if without written agreements of immediate superior trade unions. In cases of disagreement, both sides must report thereon to competent bodies, organizations. After 30 days from the date of reporting such to competent bodies, organizations, the employers are entitled to decide and take responsibility for their decisions.

3. Where laborers being part-time trade-union officials have their labor contracts, working contracts terminated or are relieved from work or dismissed illegally by employers, the trade unions shall request competent state agencies to intervene or the representatives at law file labor cases or matters at courts to protect the legitimate rights and interests of trade union officials, except where the trade union officials refuse.

Where they cannot return to their former jobs, the part-time trade union officials will be assisted by the trade unions in seeking new jobs and given financial assistance from trade union financial sources for the duration of interrupted working as prescribed by Vietnam Labor Confederation.

Article 29. Trade union finance

1. Trade union financial sources include:

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

b/ Trade union fund paid by agencies, organizations, units, enterprises, cooperatives, unions of cooperatives, which is equal to 2% of the salary funds used as base for payment of laborers’ compulsory social insurance;

c/ Support state budget allocation;

d/ Other sources of revenues from cultural, sport and economic activities of trade unions, from schemes and projects assigned by the State; from lawful aids and donations of domestic and foreign organizations and individuals as provided by law.

2. The Government prescribes the modes, time limits and sources for trade union fund payment; cases of non-payment or delayed payment of trade union funds; contents of support state budget allocations prescribed at Point c, Clause 1 of this Article.

Article 30.Trade-union fund payment exemption, reduction, suspension

3. Enterprises, cooperatives, unions of cooperatives, which dissolve, or go bankrupt under provisions of law will be considered for exemption of the unpaid trade union fund amounts.

4. Enterprises, cooperatives, unions of cooperatives face difficulties due to economic or force-majeure reasons will be considered for reduction of trade union fund payment amounts.

5. Where enterprises, cooperatives, unions of cooperatives meet with difficulties and must temporarily cease their production and business, thus leading to incapability to pay trade union funds, they will be considered for suspension of trade union fund payment for a period of not more than 12 months.

Upon the expiry of payment suspension, enterprises, cooperatives, cooperative unions shall continue paying the trade union funds and trade union compensations for the suspension duration. The time limit for compensation payment is the last day of the month following the month ending the payment suspension. The compensation payment amount is equal to the money amount of months suspended from payment.

6. The Government shall together with Vietnam Labor Confederation prescribe the exemption, reduction and suspension of payment of trade union funds; detail other contents of this Article.

Article 31. Management and use of trade union finance

1. Trade union finance is used in service of trade union activities and the following principles shall be complied with:

a/ The management and use of trade union finance must comply with the principles of concentration, publicity, transparency, thrift, efficiency, with decentralized management, association of the rights and responsibilities of trade unions at all levels;

b/ Trade union organizations at all levels conduct activities of accountancy, statistics, reporting, final settlement of trade union finance according provisions of law on accountancy and statistics.

c/ Trade unions manage and use trade union finance under the provisions of law and regulations of Vietnam Labor Confederation.

2. Trade union finance is used for the following tasks:

a/ Carrying out activities of representing and protecting the legitimate rights and interests of trade union members and laborers, of participating in building the progressive, harmonious and stable labor relations;

b/ Propagating, disseminating and educating the lines and undertakings of the Party, the policies and laws of the State; raising the professional qualifications and skills, working style for trade union members and laborers;

c/ Visiting and assisting trade union members and laborers upon their ailments, maternity, difficulties, accidents; organizing other caring activities for trade union members and laborers;

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

dd/ Training and fostering trade union officials; training and fostering outstanding laborers as sources of cadres for the Party, the State and trade unions;

e/ Organizing emulation movements with trade unions assuming the prime responsibility or coordinating with others;

g/ Organizing cultural, sport, sightseeing, tourist activities for trade union members and laborers;

h/ Commending and encouraging laborers or their children, who obtain achievements in work or study;

i/ Investing in constructing social houses for lease to trade union members and laborers; cultural, sport facilities and technical infrastructures in service of trade union members and laborers as provided by law;

k/ Conducting gender-equality promotion activities in accordance 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, international cooperation activities of trade unions;

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

o/ Assisting part-time trade union officials during their work interruption, being unable to return to their former jobs as employers terminate the labor contracts or working contracts, relieve them from work or dismiss them illegally;

p/ Assisting grassroots trade unions which are eligible for trade union-fund payment exemption, reduction or suspension prescribed at Article 30 of this Law in order to care for trade union members and laborers;

q/ Social activities sponsored and joined by trade unions;

r/ Other spending tasks prescribed by law.

3. The formulation and implementation of estimates, accounting, final settlement and publicity of support state budget allocation comply with the provisions of law on state budget, accountancy and statistics.

4. Vietnam Labor Confederation decentralizes the trade union fund revenues and distributions. At places with the organizations of laborers at enterprises, the trade union fund amounts reserved for grassroots level are distributed to organizations of laborers at enterprises according to the number of members with compulsory social insurance at such organizations, the paid money amounts, total number of laborers at enterprises participating in compulsory social insurance.

5. After reaching agreement with the Government, Vietnam Labor Confederation shall promulgate norms, quotas, regimes of spending, managing and using trade union finance in conformity with the task requirements of trade unions.

6. The Government details the management and use of trade union funds by organizations of laborers at enterprises.

Article 32. Trade union property

1. Property formulated from the source of trade union members’ contributions; from the capital sources of trade unions; trade union finance; property assigned in material objects by the State; property constructed or procured with state  budget investment and other lawful sources are the property of trade unions.

2. The management, use and exploitation of trade union property are carried out as follows:

a/ The management, use and exploitation of trade union property at Vietnam Labor Confederation, trade union federations of provincial level; trade unions of ministerial-level agencies and equivalent; trade union federations of district level; trade unions of local sectors; trade unions of economic groups; trade unions of corporations; trade unions of industrial parks, export-processing zones, economic zones, hi-tech parks; non-business units of trade unions; enterprises with 100% charter capital being held by trade union organizations, enterprises with more than 50% of charter capital or total number of voting shares being held by trade union organizations shall comply with legal provisions on management and use of public property and other relevant legal provisions;

b/ The management, use and exploitation of public property other than those defined at Point a of this Clause shall comply with relevant legal provisions and regulations of Vietnam Labor Confederation.

3. Vietnam Labor Confederation shall perform the rights and responsibilities of owners, agencies representing owners, with regard to enterprises where Vietnam Labor Confederation holds 100% charter capital and its capital portions at enterprises established under trade unions’ decisions or assigned for management.  

Article 33. Examination, inspection, auditing and supervision of trade union finance

1. The management and use of trade union finance at trade unions of all levels must be examined and audited according to regulations of Vietnam Labor Confederation in conformity with the law on auditing and the relevant laws.

2. Superior trade unions guide, examine and supervise the implementation of financial activities of subordinate trade unions according to provisions of law and regulations of Vietnam Labor Confederation.

3. Competent bodies inspect, examine and oversee the management and use of trade union finance as provided by law.

4. Periodically once every two years, Vietnam Labor Confederation reports to the National Assembly on trade union fund revenues, expenditures, management and use.

5. Once every two years, the State Audit shall audit the management and use of trade union funds and report on the results thereof to the National Assembly simultaneously with the reports defined at Clause 4 of this Article; conducts unexpected audits at the requests of the National Assembly, the National Assembly Standing Committee.

Article 34. Publicity of trade union finance

Trade unions at all levels publicize the finance annually at conferences of trade union executive boards, and simultaneously publicize in one of the following forms:

1. Posting up at headquarters of agencies, organizations, units, enterprises.

2. Sending written notifications to agencies, organizations, units, enterprises and relevant individuals;

3. Announcing at annual conferences of cadres, civil servants, public employees and laborers;

4. Loading on websites of agencies, organizations, units, enterprises.

Chapter V

SETTLEMENT OF DISPUTES OVER TRADE UNION RIGHTS, HANDLING OF VIOLATIONS OF TRADE UNION LAW

Article 35. Settlement of disputes over trade union rights

1. The settlement of disputes over trade union rights in labor relations complies with provisions of labor law.

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

3. For disputes over trade union rights related to the non-performance or denial of performance of responsibility of employers towards trade unions other than the cases defined at Clause 1 and Clause 2 of this Article, the grassroots trade unions or immediate superior trade unions shall petition competent state bodies to settle under provisions of law.

Article 36. Handling of violations of laws on trade union

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

2. The Government shall prescribe the administrative sanctions against acts of violating law on trade unions.

Chapter VI

IMPLEMENTATION PROVISIONS

Article 37. Effect

This Law takes effect on July 1^st, 2025.

The Trade Union Law No.12/2012/QH13 ceases to be valid when 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.