Law on Trade Union, No. 12/2012/QH13

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ATTRIBUTE Law on Trade Union

Law No. 12/2012/QH13 dated June 20, 2012 of the National Assembly on Trade Union

Issuing body:	National Assembly of the Socialist Republic of Vietnam	Effective date:	Known Please log in to a subscriber account to use this function. Don’t have an account? Register here
Official number:	12/2012/QH13	Signer:	Nguyen Sinh Hung
Type:	Law	Expiry date:	Updating
Issuing date:	20/06/2012	Effect status:	Known Please log in to a subscriber account to use this function. Don’t have an account? Register here
Fields:	Labor - Salary

SUMMARY

MUST PAY TRADE UNION FUND EQUAL TO 2% SALARY FUNDS

This is one of the contents under Law on Trade Unions No. 12/2012/QH13 promulgated by The National Assembly on June 20, 2012.

Recognizing the problems with regulating 2 different kinds of fee for Trade Union funds under many documents, specifically, Trade Union funds are paid by administrative agencies, organizations and enterprises in 2% salary funds based on the level, salary grade or salary paying to laborers and additional allowances (if any) ; 1% salary funds paying to Vietnamese labors for the foreign capital enterprises and administrative offices of foreign enterprises in the business contract), the National Assembly promulgates Law on Trade Unions regulating on Trade Union funds paid by agencies, organizations and enterprises in 2% salary funds based to pay social insurance for laborers from January 01, 2013.

This regulation will create the equality for all agencies, organizations and enterprise; at the same time, it supports the funds to perform activities with a view to protecting the benefits of laborers, contributing to the stability and development of enterprise.

Besides, this Law creates a favorable chance for Trade Union activities, specifically: falcilitating laborers to establish participate in and operate Trade Union; Coordinating to Trade Unions at the same level to formulate adopte and implement regulation on coordination for operation; Recognizating and facilitating Trade Unions to implement theirs powers and duties as prescribed by law; Getting olinions of Trade Union at the same level before deciding problems relating to rights and obligations of laborers…

This law effects from January 01, 2013.

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Effect status: Known

THE NATIONAL ASSEMBLY -------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ----------
Law No. 12/2012/QH13	Hanoi, June 20, 2012

LAW

ON TRADE UNION

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under the Resolution No. 51/2001/QH10;

The National Assembly promulgates Law on Trade Unions,

Chapter I

GENERAL PROVISIONS

Article 1. Trade Union

Trade Union means a great socio-political organization of the working-class and laborers. Trade Unions are founded on the voluntary basis and are a component part of the political system of the Vietnamese society, placed under the leadership of the Communist Party of Vietnam. Trade Unions are representatives of cadres and civil servants, public employees, workers and other laborers (hereinafter referred to as laborers), together with state agencies, economical organizations, social organizations shall care and protect for laborers’ legitimate and legal rights and interests. Trade Unions join in state management, eco-social management, inspection; examination, supervision of activities of state agencies, organizations, units, enterprises; and mobilization, propagation for laborers to study, improve knowledge, professional skill, observe law, build and defend the socialist fatherland of Vietnam.

Article 2. The scope of adjustment

This law stipulates on rights of laborers of establishing and participating in and operating of Trade Union; function, powers, duties of Trade Union; rights and obligations of trade union members; duties of state, state agencies, organizations, units, enterprises employing laborers with respect to Trade Union; assurance of activities of Trade Union; settlement of disputes and handling of violations of law on Trade Union.

Article 3. Subjects of application

This Law applies to the Trade Unions al levels, state agencies, political organizations, socio-political organizations, profession-socio-political organization, profession-social organizations, units, enterprises, other organizations employing laborers as prescribed by law on labor, foreign agencies, organizations, international organizations operating in the Vietnamese temporary related to organization and activity of Trade Unions (hereinafter referred to as agencies, organizations, enterprises), Trade Union members and laborers.

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LuatVietnam.vn is the SOLE distributor of English translations of Official Gazette published by the Vietnam News Agency