Today (June 18), the 7th Session of the 15th National Assembly spent the morning working at Dien Hong Hall to discuss the Draft Law on Trade Unions (amended). Participating in a direct speech at the parliament, Ms. Nguyen Thi Lan Anh, National Assembly Delegation of Lao Cai province, expressed her opinion.
Regarding Article 5 of the “Regulations on the right to establish, join and operate trade unions”, delegate Lan Anh proposed to choose option 1: “ Vietnamese workers working in employers or working without labor relations in Vietnam have the right to establish, join and operate in the Vietnam Trade Union” and “ Foreign workers working in employers in Vietnam, working under a labor contract with a term of 12 months or more, have the right to join the Vietnam Trade Union and operate trade unions at the grassroots trade union”; “ The order and procedures for establishing, joining and operating trade unions are in accordance with the provisions of the Charter of the Vietnam Trade Union”.
Explaining her choice, delegate Nguyen Thi Lan Anh said that adding “union rights” to two categories of workers as in the Draft Law on Trade Unions (amended) is extremely important to protect the legitimate rights and interests of the subjects and is consistent with the 1996 International Convention of the United Nations General Assembly on Civil and Political Rights of which Vietnam is a member.
However, delegate Lan Anh also said that, to increase persuasiveness, it is recommended that the drafting agency continue to review, carefully assess the impact and seek opinions from the affected subjects, which are labor organizations at enterprises, and at the same time adjust and supplement the Trade Union Charter accordingly, especially the conditions and standards for foreign workers.
Regarding “The issue of management and use of trade union finance” (Article 30), delegate Lan Anh agreed to amend the regulations related to trade union finance to promptly institutionalize the Party's requirements, overcome shortcomings and limitations and contribute to improving the quality and effectiveness of trade union finance work in the new period. However, she suggested that the Drafting Committee should clarify some contents in Article 29 of the Draft Law on Trade Unions (amended) on determining that trade union finance is made up of 4 sources of revenue while not yet defining and separating the expenditure contents of each different source to ensure public, transparent and appropriate spending.
Clause 2, Article 30 of the Draft Law on Trade Unions (amended) proposes 2 options for determining the use of trade union funds ( Option 1: assign the Government to specify the rate of use of trade union funds between the superior trade union and the grassroots trade union and the organization of employees at the enterprise . Option 2: specifically determine that the superior trade union uses 25%, the grassroots trade union and the organization of employees at the enterprise use 75% ) . Delegate Nguyen Thi Lan Anh said that the determination of the use of trade union funds between the superior trade union and the grassroots trade union and the organization of employees at the enterprise is an important issue, requiring publicity and transparency in the management and use of trade union finances.
The delegate also said that the specific percentage should not be specified in the law, but the Government should specify it to suit the socio-economic conditions and the situation of establishing workers' organizations in enterprises to ensure flexibility and suitability with reality.
Regarding the relationship with the Housing Law, Clause 4, Article 80 of the Housing Law (amended) 2023 has added a number of provisions on the responsibilities of the Vietnam General Confederation of Labor for investing in the construction of social housing for workers and laborers. However, the Draft Law on Trade Unions (amended) has not added the tasks and powers of the Vietnam Trade Union in general and the Vietnam General Confederation of Labor in particular regarding this content.
The Draft Law on Trade Unions (amended) has not yet proposed a plan for managing and using trade union financial resources to invest in building social housing to ensure transparency, rationality, and equality among beneficiaries. At the same time, there is no mechanism for workers and laborers who have needs and meet the conditions prescribed by law to access social housing. It is recommended that the drafting agency study and review to supplement regulations related to investment in building social housing in the Draft Law on Trade Unions (amended) to ensure consistency and consistency with the provisions of the Housing Law (amended).
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