The National Assembly passed the Trade Union Law (amended)

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 National Assembly passed the Trade Union Law (amended). Photo: Doan Tan/VNA

Verify membership status when joining the Union

The report of the National Assembly Standing Committee on receiving, explaining and revising the draft Law on Trade Unions (amended) presented by the Chairwoman of the Social Committee Nguyen Thuy Anh shows that the Trade Union is a "large political and social organization of the working class and laborers", under the leadership of the Party, therefore, the establishment, joining and operation of trade unions must be regulated to ensure strictness, synchronization and unity in the legal system but must also ensure attracting workers and labor organizations at enterprises to join the Trade Union and meet the requirements of international integration, meeting the practical requirements of the development process.

In response to the opinions of National Assembly deputies, the National Assembly Standing Committee directed the revision of Article 5 of the draft Law on the establishment and joining of Trade Unions by Vietnamese workers and the joining of Trade Unions by foreign workers. At the same time, the National Assembly Standing Committee requested the Vietnam General Confederation of Labor to soon have synchronous solutions to promote the nature, role and responsibility of trade union members and trade union organizations in the new era.

There is a proposal to have stricter regulations on the conditions for foreign workers to join the trade union. The Standing Committee of the National Assembly finds that Clause 5, Article 4 stipulates that “Trade union officials are Vietnamese citizens who are elected, recruited, appointed, and designated to perform the tasks of the trade union organization”, including full-time trade union officials and part-time trade union officials. For foreign workers who join the trade union, they are not allowed to run for election or receive nominations to become trade union officials and can only participate in trade union activities at the grassroots trade union.

Clause 7, Article 10 also stipulates the prohibition of “Taking advantage of trade union rights to violate the law, infringe upon the interests of the State, the legitimate rights and interests of agencies, organizations, units, enterprises and individuals”. Clause 3, Article 5 stipulates “The establishment, joining and operation of trade unions shall comply with the provisions of the Charter of the Vietnam Trade Union, this Law and other relevant legal provisions”. Therefore, the conditions of voluntary participation, approval of the principles and purposes of the Trade Union or the length of residence in Vietnam... will be specifically stipulated in the Charter of the Vietnam Trade Union and specifically guided by the Vietnam General Confederation of Labor. Therefore, the Standing Committee of the National Assembly requests the National Assembly to keep them as stipulated in the draft Law.

Regarding the joining of the Vietnam Trade Union by the organization of employees at enterprises (Article 6), taking into account the opinions of delegates, the proposals of the Drafting Agency and the opinions of the Government, to ensure unity and synchronization in the direction of the entire Trade Union system, the Standing Committee of the National Assembly has directed the revision in the direction of supplementing the authority of the central and equivalent industry trade unions in recognizing the organization of employees at enterprises to join the Vietnam Trade Union in Clause 2 and revising Clause 3, Article 6.

At the same time, the National Assembly Standing Committee requested the Vietnam General Confederation of Labor to unify direction, provide specific guidance, and have appropriate solutions in the implementation process; supplement regulations in the Charter of Vietnam Trade Unions on conditions, standards, and procedures for examining and strictly verifying the legality and compliance with the law of representative organizations of employees at enterprises as well as the qualifications and conditions of members when joining the Trade Union.

National Assembly deputies vote to pass laws and resolutions. Photo: Doan Tan/VNA

Agree with the Government when issuing standards and norms for the use of trade union finances.

In response to the opinions of National Assembly deputies, the National Assembly Standing Committee directed the revision of regulations on trade union finance in the direction of strictly regulating the receipt of aid, sponsorship, and technical support by trade unions at Point d, Clause 1, Article 29. At the same time, it added the content assigning the Government to regulate cases of non-payment or late payment of trade union funds at Clause 2.

To ensure the rights of union officials, union members and workers, in accordance with the capacity of union finance, ensuring publicity and transparency, accepting the opinions of National Assembly deputies and proposals of the Drafting Agency, the National Assembly Standing Committee has directed the review and revision of the regulations on expenditure tasks of union finance in Clause 2 (Article 31). At the same time, the regulations in Clause 4 stipulate principles and assign the Vietnam General Confederation of Labor the authority to decentralize the collection and distribution of union funds.

There is a proposal to consider the regulation "After agreement with the Government" when the Vietnam General Confederation of Labor issues standards, norms, spending regimes and management and use of trade union finances. The Standing Committee of the National Assembly finds that trade union finances are formed from state budget support and from trade union funds as determined by the State in the Law. Assigning the Vietnam General Confederation of Labor to issue without agreement with the Government may lead to the assumption that the policies issued by the Vietnam General Confederation of Labor are not closely following, updating, or even departing from the general policies of the State.

The provisions as in the draft Law do not mean that all specific and detailed regimes and norms must have the Government's consensus. The Trade Union still has the right to take the initiative based on the principles jointly established by the Trade Union and the Government (as at present). This is also the Government's choice. Therefore, the National Assembly Standing Committee requests the National Assembly to keep it as stipulated in the draft Law.

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