Many new points are recorded in the revised Trade Union Law.

Thời ĐạiThời Đại27/11/2024


On the morning of November 27, the National Assembly passed the Trade Union Law (amended) with 443 delegates in favor, accounting for 92.48% of the total number of National Assembly delegates. The Trade Union Law (amended) takes effect from July 1, 2025, consisting of 6 chapters with 37 articles, 4 more articles than the current Law and many new points.

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In the report of the National Assembly Standing Committee on receiving, explaining and revising the draft Trade Union Law (amended), Ms. Nguyen Thuy Anh - Chairwoman of the Social Committee - said that the Trade Union Law (amended) has demonstrated the policy of innovative thinking in law-making, ensuring clear, substantive, concise, easy-to-understand, easy-to-implement regulations, closely following reality.

The Law clearly states the need to strengthen decentralization and delegation of authority in conjunction with the tasks and powers of relevant entities to enhance implementation capacity; simplify administrative procedures; only prescribe contents within the authority of the National Assembly; assign the Government and the Vietnam General Confederation of Labor to prescribe detailed contents within their authority to promptly amend, supplement, and adjust when necessary and in accordance with reality.

Chủ nhiệm Ủy ban Xã hội Nguyễn Thúy Anh trình bày Báo cáo tiếp thu, giải trình và chỉnh lý dự thảo Luật Công đoàn (sửa đổi)
Chairwoman of the Social Committee Nguyen Thuy Anh presented a report on receiving, explaining and revising the draft revised Trade Union Law (Photo: TL).

At the same time, the Law also supplements the right to join and operate trade unions at grassroots trade unions (without the right to establish or become trade union officials) of foreign workers working in Vietnam. Supplements the right to join the Vietnamese Trade Union of the employee organization at the enterprise;

In addition, the Trade Union Law (amended) also adds cases of exemption, reduction, and suspension of trade union fee payment, and the Government will regulate these cases after reaching agreement with the Vietnam General Confederation of Labor.

The Trade Union Law (amended) clearly stipulates 4 levels of trade unions. At the same time, it affirms that "Vietnam Trade Union is the only organization representing workers at the national level in labor relations", and at the same time, it adds the right to supervision and social criticism of the Trade Union.

Regarding the simplification of administrative procedures, the draft law has been revised in the direction that when inspecting and examining contents directly related to the legitimate and legal rights and interests of employees and trade unions, the competent state agency "has the responsibility to invite trade union representatives to participate" instead of the regulation "must have trade union representatives"; removing the regulation "coordinating supervision" of trade unions with competent state agencies; amending the regulation "Issuing documents on monitoring results" to "Notifying monitoring results"; removing the content "and conclusions and decisions of competent agencies, organizations and individuals related to recommendations after monitoring".

Keep the 2% budget rule

According to the Chairman of the National Assembly's Social Committee, since the Trade Union Law of 1957, the Trade Union budget has been continuously implemented, maintaining the 2% revenue source of the trade union budget to mainly care for workers and ensure the activities of the Trade Union, demonstrating the superiority of the socialist regime;

On the other hand, 75% of the Union budget is used at the grassroots level to take care of union members and workers. The more workers a business has, the more funds it needs to take care of social welfare for workers - especially to take care of, represent, and protect the legitimate and legal rights and interests of union members and workers.

Kết quả thông qua Luật Công đoàn sửa đổi (Ảnh: T.L).
Results of passing the amended Trade Union Law (Photo: TL).

Therefore, the rate of Union contribution does not depend on the size of the enterprise, whether it has few or many workers. In addition, Union contribution is included in deductible expenses when determining the taxable income of the enterprise.

The Chairman of the Social Committee said that maintaining the Union budget is also to encourage businesses and employers to be more responsible towards their employees through the Union. Therefore, the National Assembly Standing Committee proposed that the National Assembly keep the regulation on the union budget of 2%.

The new law also supplements regulations that the Vietnam General Confederation of Labor shall decentralize the collection and distribution of trade union funds; the Vietnam General Confederation of Labor shall promulgate standards, norms, spending regimes, and management and use of trade union finances after reaching agreement with the Government;

Add the responsibility of the Vietnam General Confederation of Labor to report to the National Assembly every two years on the situation of revenue, expenditure, management and use of trade union finances. At the same time, add the responsibility of the State Audit, every two years, to audit the management and use of trade union finances and conduct ad hoc audits at the request of the National Assembly and the National Assembly Standing Committee.



Source: https://thoidai.com.vn/nhieu-diem-moi-duoc-ghi-nhan-tai-luat-cong-doan-sua-doi-207844.html

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